HomeMy WebLinkAboutRunway Intersection Rehabilitation and Crack Sealing Daniel Field
Augusta Richmond GA
DOCUMENT NAME: KU\0WA-'( "ItJ'i E(t.S€'L TION R E: I~Pr~i L. i T ,q,//Or0 ,q1\10
C-.(<'RL.\(.. S.EALI,vd \)ANIGl.. FI'e1-(J
DOCUMENT TYPE: ~~.,. RAQ.. '\
YEAR: OlDD';;)..
BOX NUMBER: ) ~
FILE NUMBER: ) i.p s- C, q
NUMBER OF PAGES:
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
RUNWAY INTERSECTION REHABILITATION
AND CRACK SEALING
DANIEL FIELD
AUGUSTA, GEORGIA
January 2002
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WK
DICKSON
2120 Powers Ferry Road
Suite 100
Atlanta, GA 30339
770-955-5574
Charlotte, NC
Asheville, NC
Hickory, NC
Raleigh, NC
Wilmington, NC
Columbia, SC
WKD No. 10351.00AT
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TABLE OF CONTENTS
NOTICE TO BIDDERS .............................................................................. NTB-1 TO NTB-3
INSTRUCTIONS TO BIDDERS....................................................................ITB-1 TO ITB-3
PROPOSAL.... .... ............... ............... .... ........... ...... .............................................. P-1 TO P-3
BID FORM....... ...... ...................... ............ ............. .... ............ ............ ........ ...... BF-1 TO BF-3
CONTRACT................................................................................ ........................ C-1 TO C-3
PERFORMANCE BOND. ..... ................................ ....................... ........ ........... PB-1 TO PB-2
LABOR AND MATERIALS PAYMENT BOND.........................................LMB-1 TO LMB-2
GENERAL PROVISIONS
DEFI NITION OF TERMS................................................................................... 10-1 to 10-5
PROPOSAL REQUIREMENTS AND CONDITIONS ........................................ 20-1 to 20-5
AWARD AND EXECUTION OF CONTRACT ................................................... 30-1 to 30-2
SCOPE OF WORK ............................................................................................ 40-1 to 40-5
CONTROL OF WORK ....................................................................................... 50-1 to 50-7
CONTROL OF MATERIALS... ................. ........ ...... ................ ..................... ....... 60-1 to 60-6
LEGAL RELATIONS AND RESPONSIBILITY TO PUBLiC............................ 70-1 to 70-15
PROSECUTION AND PROGRESS .................................................................. 80-1 to 80-6
MEASUREMENT AND PAyMENT.... ..... ...... ....... ....... ...... ....... ........... ........ ....... 90-1 to 90-8
REQUIRED BID AND CONTRACT PROVISIONS .......................................100-1 to 100-8
METHOD OF ESTIMATING PERCENTAGE OF
MATERIAL WITH SPECIFICATION LIMITS .................................................110-1 to 110-9
REQUIRED BID AND CONTACT PROVISIONS ........................................ 120-1 to 120-26
WAGE RATES........... ........ ................... ................... ............ .........:.:... ......:... ................ 1 to 3
TECHNICAL SPECIFICATIONS
M-101
P-401
P-603
P.620
S-180
408
MOBILIZATION............ ................. ......... ................... ............................ M-1 01
BITUMINOUS SURFACE COURSE .............................. P-401-1 to P-401-24
BITUMINOUS TACK COAT ............................................. P.603-1 to P-603-3
PAVEMENT MARKING .................................................... P-620-1 to P-620-3
PAVEMENT MILLING ...................................................... S-180-1 to S-180-3
JOINT AND CRACK CLEANING AND SEALING .................................. 1 to 8
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INVIT A liON TO BID
Bid Item #
Rehabilitation of the Runway Intersection at Daniel Field Airport
Sealed proposals will be received by Augusta-Richmond County General Aviation Commission,
at the office of the Augusta-Richmond County Purchasing Director, 530 Greene Street, Room
605, Augusta, GA 30911, until and
immediately thereafter publicly opened and read for the furnishing of labor, material and
equipment for the Rehabilitation of the Runway Intersection at Daniel Field.
Complete plans, specifications and contract documents will be available for inspection in the
offices of the Augusta-Richmond Purchasing Department, 530 Greene Street, Room 60S,
Augusta, Georgia 30911, Associated General Contractors in Atlanta, Georgia, and F.W. Dodge
Corporation in Atlanta, Georgia, and in the office of the Engineer, W.K. Dickson & Company, Inc.,
2120 Powers Ferry Road, Suite 100, Marietta, Georgia 30339, (770) 955-5574 and at Daniel Field.
Such plans and specifications and contract documents may be obtained from W. K. Dickson &
Company, Inc. or the Augusta-Richmond County Purchasing Director, 530 Greene Street, Room
605, Augusta, GA 30911 at a non-refundable cost of One Hundred Dollars ($100.00).
All Contractors are hereby notified that they must have proper licenses under the State law for their
trades. General contractors are notified that General Statutes of Georgia will be observed in
receiving and awarding general contracts.
The Georgia Department of Transportation has agreed to reimburse the Owner for portions of the
project costs. The Owner will not accept or consider proposals from any contractor whose name,
at the time of opening of bids or award, appears on the current list of ineligible contractors
published by the Comptroller General of the United States under Section 5.6 (b) of the Regulations
of the Secretary of Labor (29) CFR nor a proposal from any firm, corporation, partnership or
proprietorship in which an ineligible contractor has a substantial interest. The Owner will not
accept or consider a proposal from any contractor who, at the time of th~ opening of bids or the
award, is removed from the Georgia Department of Transportation's list of prequalified contractors.
Each proposal shall be accompanied by a cash deposit or a certified check drawn on a bank or
trust company insured by the Federal Deposit Insurance Corporation in an amount equal to not
less than 10% of the proposal or a bid bond of 10% of the bid executed by a surety company
licensed under the laws of Georgia to execute such bonds. The deposits shall be made payable to
the Owner and shall be retained by the Owner as liquidated damages in the event the successful
bidder fails to properly execute the contract within ten (10) days after the award and to give
satisfactory surety as required by law.
By submitting a bid the contractor certifies that he has under his direct control or at his disposal the
men, equipment; and materials required to execute this work as specified.
Lack of such control or availability of men, equipment and materials shall constitute failure to
properly execute the contract. Performance and Labor and Material Payment Bonds will be
required for 100% of the contract price, with a surety or sureties legally authorized to do business
in the State of Georgia.
A bid may be withdrawn only as provided by the Georgia General Statutes. If a bid is withdrawn
within 90 days of the bid opening, the Proposal Guaranty shall be forfeited; provided that, if the
request to withdraw is made pursuant to G.S. 143-129.1 not later than 72 hours after the opening
of bids and if the withdrawal is allowed, the owner may retum the proposal guaranty.
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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 of the Owner is not intended to restrict or limit
competitive bidding or to increase the cost of the work. The Owner supports a healthy free
market system that seeks to include responsible businesses and provide ample opportunity for
business growth and development.
The Owner reserves the right to reject any or all bids and to waive informalities and minor
irregularities.
Publish:
Augusta Chronicle -
Augusta Focus -
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INSTRUCTION TO BIDDERS
Proposals to be considered must be in accordance with the following instructions:
1. PROPOSALS
Proposals must be made in strict conformity with the "Proposal" provided and these
Instructions to Bidders. The Proposal should not be detached from the documents.
All blank spaces for bids and alternatives must be properly filled in (written in ink or
typed). Lump Sum prices shall be stated in figures. The total price for a bid item shall
also be stated in figures. The total amount bid shall be stated both in writing and in
figures in the proper place in the proposal form. The complete form shall be without
alterations or erasures. In case Of conflict between words and numerals, the words,
unless obviously incorrect, shall govern.
The bidder shall complete the form of proposal as follows:
(A) If the documents are executed by a sole proprietor, that fact shall be evidenced by
the word "Owner" appearing after the name of the person executing them.
(B) If the documents are executed by a partnership, that fact shall be evidenced by the
word "Partner" appearing after the name of the partner executing them.
(C) If the documents are executed by a corporation, they shall be executed in the name
of the corporation by either the President or the Vice President and attested by the
Secretary or Assistant Secretary and its seal shall be impressed on each copy of the
documents. '
(D) All signatures must be in ink and properly witnessed.
Proposals shall be addressed and delivered to the Augusta-Richmond County
Purchasing Director, enclosed in a sealed envelope marked "Proposal" and bearing the
title of the work, the name and business address of the bidder, and the bidder's
Contractor's License Number. It shall be the responsibility of the bidder to deliver his bid
to the proper official at the appointed time and prior to the announced time for the
opening of bids. Later delivery of the bid for any reason shall disqualify the bid. A bidder
may withdraw a bid provided that the bidder's request for withdrawal is received by the
Owner in writing or by telegram before the time specified for opening bids.
Modification of bids will be acceptable only if delivered in writing (including telegram) to
the Augusta-Richmond County Purchasing Director prior to the time for opening of bids.
Should the bidder find discrepancies in or omissions from the drawings or documents, or
should he be in doubt as to theirmeaning, he shall at once notify the Engineer who, when
necessary, will send a written instruction to all bidders. Neither the Owner, the Engineer
nor their representatives will be responsible for any oral instruction. If plans and specif-
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ications are found to disagree after the contract is awarded, the Engineer shall be the
judge as to what was intended.
2. PROPOSAL GUARANTY
Each bid shall be accompanied by a cash deposit, or a certified check drawn on a bank or
. trust company insured by the Federal Deposit Insurance Corporation, or a bid bond in an
amount equal to not less than five percent (10%) of the bid, said deposit to be retained by
the Owner as liquidated damages should the successful bidder fail to properly execute
the contract within ten (10) days after the award and to give satisfactory surety as
required by law.
3. ADDENDA
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Any addenda to the contract documents issued during the time of bidding will be
considered a part of the contract documents and will become a part of the contract.
Receipt of addenda shall be acknowledged by the bidder on the proposal form.
4. AWARD OF CONTRACT
The award of the contract will be made to the lowest responsive and responsible bidder
as soon as practicable. The Owner reserves the right to reject any or all bids and to
waive informalities and minor irregularities. The Owner may require the apparent low
bidder to qualify himself to be a responsible bidder by furnishing financial statements,
experience in completion of similar projects, the names of holders of trade licenses and
similar information.
The Federal Aviation Administration Transportation has agreed to reimburse the Owner
for portions of the project costs. The Owner will not accept or consider proposals from
any contractor whose name, at the time of opening of bids or award, appears on the
current list of ineligible contractors published by the Comptroller General of the United
States under Section 5.6 (b) of the Regulations of the Secretary of Labor (29 CFR Part 5)
nor a proposal from any firm, corporation, partnership or proprietorship in which an
ineligible contractor has a substantial interest.
5. CANCELLATION OF AWARD
The Owner reserves the right to cancel the award without liability to the bidder, except
return of proposal guaranty, at any time before a contract has been fully executed by all
parties and approved by the Owner.
6. PERFORMANCE AND LABOR AND MATERIALS PAYMENT BONDS
The Contractor shall furnish surety bonds in the form indicated in the contract documents
executed by a surety company authorized to do business in Georgia. Each such bond
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shall be in an amount equal to one hundred percent (100%) of the contract price. A
separate security shall be provided each for the faithful performance of the contract and
for the payment of all persons performing labor and furnishing materials in connection
therewith.
7. BIDS TO BE RETAINED
No bid shall be withdrawn within 120 days after the scheduled closing time for the receipt
of bids pending the execution of a contract by the successful bidder. Should the
successful bidder default and not execute a contract, the contract may be offered to the
next lowest and responsible bidder.
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PROPOSAL
Date:
SUBMITTED TO:
Mr. Bob Young, Mayor
Augusta-Richmond County
Daniel Field
1775 Highland Avenue
Augusta, Georgia 30904
SUBMITTED BY:
The undersigned, as bidder hereby declares that the only person or persons interested
in this proposal as principal or principals is or are named herein and that no person
other than those herein mentioned, has any interest in the proposal or in the contract to
be entered into; that this proposal is made without connection with any other person,
company or parties making a bid or proposal; and that it is in all respects fair and in
good faith without collusion or fraud.
The bidder further declares that he has examined the site of the work and informed
himself fully in regard to all conditions pertaining to the place where the work is to be
done, that he has examined the specifications for the work and contract documents
relative thereto, and has read all special provisions furnished prior to the opening of
bids; that he has satisfied himself relative to the work performed. In case of conflict
between words and figures, the words will govern.
The bidder proposes and agrees that if this proposal is accepted', to contract with the
Augusta-Richmond County General Aviation Commission in the form of contract
specified, to furnish all necessary transportation and labor necessary to perform all
construction in full and complete agreement with the plans and specifications and
contract documents to the full and entire satisfaction of the Augusta-Richmond County
General Aviation Commission as computed from the schedule of unit prices hereinafter
shown. The quantities of work shown by unit prices are approximations only and the
contract price will be based on the actual quantities included in the work.
The bidder agrees no to withdraw his bid within 120 days after the scheduled closing
time for receipt of bids. The bidder also understands that award of this contract is
subject to availability of Federal Aviation Administration (FAA) funding.
A Bidder shall be considered disqualified for any of the following reasons, among
others:
(a) Submitting more than one proposal from the same partnership, firm or
corporation under the same or different name.
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(b) Evidence of collusion among bidders. Bidders participating in such
collusion shall be disqualified as bidders for any future work of the Owner
until any such participating bidder has been reinstated by the Owner as a
qualified bidder.
The Owner reserves that right to reject any or all bids or sections thereof or to accept
such bids or sections thereof, as it appears in its judgment to be in the best interest of
the Authority.
Bidders are hereby notified that all bids may be rejected if the lowest responsible bid(s)
received exceeds the Engineer's estimate by more than 7% and it is determined that an
award of the contract would cause excessive inflationary impact. Nothing in this
paragraph shall limit in any manner the Owner's right to reject any and all bids if it
appears in its judgment to be its best interest to do so.
The bidder agrees, if awarded the contract to commence work on the commencement
date stated in the Notice to Proceed or within ten (10) days after such specified
commencement date.
The bidder further agrees that in the case of failure on his part to execute said contract
?lnd the bonds required within ten (10) consecutive calendar days after written notice is
given of the award of the contract, the check, cash, or bid bond accompanying this bid
shall be paid into the hands of the Owner, as liquidated damages for such failure;
otherwise, the check, cash, or bid bond accompanying this proposal shall be returned
to the undersigned.
EQUAL OPPORTUNITY REPORT STATEMENT
The bidder shall complete the following statement by checking the appropriate boxes.
Failure to complete these blanks may be grounds for rejection of bid.
1. The Bidder (Proposer) has _ has not _ developed and has 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 _ 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 _ has not _ filed with the Joint Reporting Committee
the annual compliance report on Standard Form 100 (EEO-1 Report).
4. The Bidder (Proposer) does _ does not _ employ fifty (50) or more employees.
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. The knowledge al
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IlIA.merica and the K~
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his employees
:foes not permit his
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. clocks, locker r 111
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provided for employ
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DISADV AN
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the Secretary, Pa
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~ged business ent~
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CERTIFICATIONS
FOREIGN TRADE RESTRICTIONS
The contractor or subcontractor, by submission of an offer and/or execut
contract, certifies it:
a: is not owned or controlled by one or more citizens or nationals of c
country included in the list of countries that discriminate against U.
published by the Office of the United States Trade Representative (USTF
b: has not knowingly entered into any contract or subcontract for this proje
contractor that is a citizen or national of a foreign country on said list, or i
or controlled directly or indirectly by one or more citizens or nationals of
country on said list.
c. has not procured any product nor subcontracted for the supply of any pr
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 Transpo
accordance with 49 CFR 30.17, no contract shall be awarded to a conti
subcontractor who is unable to certify to the above. If the contractor k
procures or subcontracts for the supply of any product or service of a foreign c
the said list for use on the project, the Federal Aviation Administration me
through the sponsor, cancellation of the contract at no cost tot the Government
Further the contractor agrees that, if awarded a contract resulting from this so
it will incorporate this provision for certification without modification in each con
in all lower tier subcontracts. The contractor may rely upon the certifica1
prospective subcontractor unless it has knowledge that the certification is erron
The contractor shall provide immediate written notice to the sponsor if the c
learns that its certification or that of a subcontractor was erroneous when sub
has become erroneous by reason of changed circumstances. The subc
agrees to provide immediate written notice to the contractor, if at any time it Ie
is certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance wa
when making the award. If it is later determined that the contractor or subc
knowingly rendered an erroneous certification, the Federal Aviation Administrc
direct, through the sponsor, cancellation of the contract or subcontract for defc
cost to the Government.
Nothing contained in the foregoing shall be construed to require establishn
system of records in order to render, in good faith, the certification require,
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OTHER DISADVANTAGED SUBCONTRACTORS
Other Disadvantaged Subcontractors
within
the DBE Group Subcontract Dollar Value of
Names! Addresses!ldentity* Work Item Subcontract Work
Total Dollar Value of Subcontract Work:
Total Dollar Value of Basic Bid:
Percent of Total:
*(Black, Hispanic, Asian American, American Indian, and other economically
disadvantaged).
CERTIFICATION
The undersigned hereby certifies to the Augusta-Richmond County General Aviation
Commission:
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1.
The undersigned has not been debarred from construction contract pursuant to
Executive Order 11246 of 24 September 1965; and further certifies that the
undersigned has assisted construction contracts pursuant to the said Executive
Order.
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This project and all work performed thereunder are subject to the Clean Air Act
and Federal Water Pollution Control Act accordingly.
2. The undersigned hereby certifies that any facility to be utilized in the
performance of the work under this contract is not listed on the EPA List of
Violating Facilities.
3. The undersigned certifies that, in the performance of the work under this
contract, it will comply with all requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act and all regulations
issued thereunder.
4. The undersigned certifies that it will notify the Augusta-Richmond County
General Aviation Commission of the receipt of any communication from the EPA
indicating that a facility to be utilized for the performance of work under this
contract is under consideration to be listed on the EPA List of Violating Facilities.
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5.
The undersigned certifies that it will include, or cause to be included, in any
subcontract with respect to this project which exceeds $100,000.00, the criteria
and requirements in these paragraphs.
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DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
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The bidder 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 or any lower tier participant
is unable to certify to this statement, it shall attach an explanation to this proposal.
BUY AMERICAN REQUIREMENT
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Unless otherwise approved by the FAA, it will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility
for which funds are provided under this grant.
.
BUY AMERICAN CERTIFICATE (JAN 1991)
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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, is produced in the United
States (as defined in the clause Buy American - Steel Manufactured Products or Buy
American - Steel and Manufactured Products for Construction Contracts) and that
components of unknown origin are considered to have been produced or manufactured
ou.tside the United States.
Offerors may obtain from the following listing of articles, materials, and supplies
excepted from this provision.
PRODUCT COUNTRY OF ORIGIN
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NOTICE TO BIDDERS
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, 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.
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(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 -
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1. that the U.S. 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;
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2. that the U.S. 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.
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BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS
(JAN 1991)
(a) The Contractor shall deliver only domestic steel and manufactured products under
this contract as defined in paragraph (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 of the cost of all its components and final assembly has taken place in
the United States.
2. Components. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured
products.
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3. Cost of Components. This means the costs for production of the components,
exclusive of final assembly labor costs.
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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).
Acetylene, black.
Agar, bulk.
Anise.
Antimony, as metal or oxide.
Asbestos, amosite, chrysolite, and
crocidolite.
Bananas.
Bauxite.
Beef, corned, canned.
Beef extract.
flax,
Bephenium Hydroxynapthoate.
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.
type.
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.
real
Cocoa beans.
Coconut and coconut meat, unsweetened,
in shredded, desiccated or similarly
prepared form.
Coffee, raw or green bean.
colchicine alkaloid, raw.
Copra.
.
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Cork, wood or bark and waste.
Cover glass, microscope slide.
Cryolite, natural.
Drammar gum.
Diamonds, industrial, stones and abrasives.
Emetine, bulk.
Ergot, crude.
Erthrityl tetranitrate.
Fair linen, altar.
Fibers of the following types:
abaca, abace, agave, coir, jute, jute
burlaps, palmyra and sisal.
Goat and kidskins.
Graphite, natural, crystalline, crucible
grade.
Handsewing needles.
Hemp yarn.
Hog bristles for brushes.
Hyoscine, bulk.
Ipecac, root.
Iodine, crude.
Kaurigum.
Lac.
Leather, sheepskin, hair.
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 or
property.)
Nickel, primary, in ingots, pigs, shots,
cathodes, or similar forms;
nickel oxide and nickel salts.
Nitroguanidine (also know as picrite).
Nux vomica, crude.
Oiticica oil.
Olive oil.
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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)
Petroleum terms are used as follows:
"Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under
atmospheric conditions) that have been recovered from mixtures of hydrocarbons that
existed in a vaporous phase in a reservoir and that existed in a vaporous phase in a
reservoir and that are not natural gas products.
"Finished products" means anyone or more of the following petroleum oils, or a mixture
or combination of these oils, to be used without further processing except blending by
mechanical means:
.
=
(A) "Asphalt" - a solid or semisolid cementitious material that (1) gradually
liquefies when heated, (2) has bitumens as its predominating constituents,
and (3) is obtained in refining crude oil.
(8) "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 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.
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,r SCHEDULE OF WORK
lJ SCHEDULE "A" . RUNWAY REHAB
Item # Description & Unit Price in Quantity Unit Unit Price Extended Total
lJ & Words
Spec.
" 1 J 3 ~3n' 00
lJ 1. Mobilization LS
M-101 @ (write in words) J
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lJ 2, Bituminous Surface Course 330 TONS lD~ . 2lj aaJ 535,"10
P-401 @ (write in words)
~ i'1-t
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-=MIM~i~ (l~+5
~ 3. Bituminous Tack Coat 280 GAL a.5O -100 . 00
P-603 @ (write in words)
- .0wo DOllnrS.
J;B~ Cf'nts
- 4. Pavement Marking, Aviation 6200 SF ~.50 Q300 .DO
P-620 White
@ (write in words)
-
~ Wllm)
- li:9'1 Ce-nts
5, Pavement Milling 2800 SY 5.,0 15) qlnD .00
- S-180 @ (write in words)
J=f\.Je DOI\'QJ~
- 86\J~nb, Cmt'3
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SCHEDULE A TOTAL BID lo~ 1~5.15
CONTRACT TIME: 4 DAYS
Liquidated Damages $5000.00/Calendar Day
DBE Goal for Schedule A is 12.1 %
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SCHEDULE OF WORK
SCHEDULE B - CRACK SEALING
Item # Description & unit
& Price in Words
Spec.
Quantity Unit
Unit Price
Extended Total
1.
408
~J~50 .00
Crack Seal, Complete
@ (write in words)
1
LS
t;rty 8e'J&l mDll5'Qn.cL
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2. Pavement Marking,
P-620 Aviation Yellow
@ (write in words)
l. -a 5
(p ~ 15 . DO
5500
SF
Ore. 'Do11'BJ J
jWM1~ h~e Cbnts
SCHEDULE 8 TOTAL 810: 54) I L~ .00
CONTRACT TIME: 21 Calendar Days
Liquidated Damages: $500.001 Calendar Day
No DBE Goal for Schedule B required
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Date:
~ 141 D~
Respectfully submitted,
rnM1S ~V'e"'fYlt MQin-lenance ~)' I L~.
Contractor
~335 AtoNic.13d. ~NU')\'auL S6
Add~A _ d"l~42.
By 0
fre-Sl'ri~
Title
.:iliJ02
Date
Curre~t GA contra~or's Licens)( L
No. lO IO(olllO ~e:rcJ COnT.
UC3exx;W Uti li~ Conl'~
ACKNOWLEDGEMENT OF ADDENDA
NO. DATE
SIGNATURE
1
2
3
j//}f/?,( 0 7-
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AlA Document A370
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Bid Bond
I';
KNOW ALL MEN BY THESE PRESENTS, that we
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Beam's Pavement Maintenance Company, Inc.
as Principal, hereinafter called the Principal, and
Great American Insurance Company
a corporation duly organized under the laws of the State of Ohio
as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County
as Obligee, hereinafter called the Obligee, in the sum of
Ten Per Cent (10%) of Amount Bid
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Dollars ($ ),
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 Rehab and Crack Sealing, Daniel Field
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NOW. THE REF 0 R E, 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, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified
in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
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Signed and sealed this
4th
day of
April
2602
~
J6>>tf )jbd
[jf~11!~
Maintenance
(Principa/)
!!!
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(Title)
Gr.~riC.D JD~~~.ny
Ry' r.k~~~, ~
Atiorney-in-Fact (Title)
(Sea/)
AlA DOCUMENT A310. BID BOND. AIA~' . FEBRUARY 1790 ED. THE ..\MERICAN
INSTITUTE OF ARCHITECTS, 1735 NY AVE., N.vV., \^/-\SHINGTON, D, C. 20006
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The number of persons authorized by
this power of attorney is not more than
580 WALNUT STREET. CINCINNATI, OHIO 45202.513-369-5000. FAX 513-723-2740
GU:M AM:RlC~ INSURrWCE COMPi\NY8
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FOUR POWER OF ATTORNEY
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.
Name Address limit of Power
BARBARA H. REGISTER COLUMBIA, SOUTH CAROLINA ALL
JACK C. SMITH, JR. COLUMBIA, SOUTH CAROLINA UNLIMITED
HERBERT L. DECUERs COLUMBIA, SOUTH CAROLINA
JOHN R. WALKER MACON GEORGIA
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
,,, appmp"", offi"" and it> "'p"a" ,,,I hmunto affi"d lhi, 7th day nf NOvEmber 2000
Attest GREAT AMERICAN INSURANCE COMPANY
No,O
17088
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STATE OF OHIO, COUNTY OF HAMILTON -ss:
On this 7th day of NovEmber, 2000 , before me personally appeared DOUGLAS R, BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the 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; 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.
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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.
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RESOL VED: 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 mon: Attorneys-In-Fact to execute on behalfofthe 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.
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RESOL VED 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, 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.
CERTlFICA TlON
I, RONALD C. HA YES, 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
4th
day of
April
2002
S:D295 (J 1/97)
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CONTRACT
THIS CONTRACT. made and entered into this / & r;:A. day of ~ 2011.2 by and
between Augusta-Richmond County General Aviation Commls lon, hereinafter called
the Owner and Beams Pavement Maintenance Company, Inc., hereinafter called the
Contractor.
WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, and
the Owner, for the construction of work performed, agree that:
1. Scope of Work: The Contractor shall furnish and deliver all the materials and perform
all the work in the manner and form as provided in the following enumerated plans,
specifications and contract documents which are attached hereto and made a part thereof
as if fully contained herein:
SPECIFICATIONS AND CONTRACT DOCUMENTS:
(a) Notice to Bidders
(b) Instructions to Bidders
(c) Proposal (as Accepted)
(d) Performance Bond and Labor and Materials Payment Bond
(e) General Conditions
(f) Project Special Provisions
(g) Technical Specifications
(h) Addendum NO.1 Dated
(i) Addendum NO.2 Dated
2. The Contractor shall commence the work to be performed und~r this contract not later
than the date set by the Engineer in written notice to proceed, said date to be not less
than ten (10) days after issuance of notice.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
contract, subject to additions and deductions as provided in the specifications or proposal,
in lawful money of the United States, such unit/or lump sum prices as are set forth in the
accepted Proposal for quantities of each item actually accomplished. The Contractor
shall repair or replace all defective work promptly and at no cost, charge or expense to
the Owner. The warranty and guaranty, as provided for in this paragraph, are in addition
to and not in limitation of any other bond, warranty or guaranty provided to the Owner by
the Contractor or by a manufacturer, supplier or otherwise, or any other cause of action,
right or remedy.
4. The Owner shall make partial payments to the Contractor on the basis of a duly
certified and approved estimate of work performed during the preceding calendar month
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by the Contractor, less the specified retainage. All work must be performed strictly in
accordance with this Contract and all work is subject to acceptance by the Owner.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, materials, bills and other cost incurred by the Contractor in connection with the
construction of the work have been paid in full, final payment on account of this Contract
shall be made within thirty (30) days after the completion by the Contractor of all work
covered by this Contract and the acceptance of such work by the Owner.
6. If at any time after the execution of this Contract and the bonds hereto attached; the
Owner shall deem the surety or sureties upon such bond or bonds to be unsatisfactory, or
if for any reason any such bond ceases to be adequate to cover the performance of the
work or the payment for labor or materials, the Contractor shall, at his expense and within
five (5) days after the receipt of notice from the Owner to do so, furnish an additional bond
or bonds in such form and amount and with such surety or sureties as shall be
satisfactory to the Owner. In such event, no further payment to the Contractor shall be
deemed to be due under this Contract until such new or additional bonds shall have been
fumished in a manner and form satisfactory to the Owner.
7. In respect to each phase of the work and for one (1) year from and after the date on
which such phase is accepted for use by the Owner, or for such longer period as may be
provided for in any written warranty or guaranty, the Contractor warrants and guarantees
the work (including but not limited to all labor and materials in respect thereto); and the
Contractor shall repair or replace all defective work promptly and at no cost, charge or
expense to the Owner. The warranty and guaranty, as provided for in this paragraph, are
in addition to and not in limitation of any other bond, warranty or guaranty provided to the
Owner by the Contractor or by a manufacturer, supplier o-r otherwise, or any other cause
of action, right or remedy.
8. The Owner may in its sole discretion suspend this Contract for ninety (90) days or
terminate this Contract at any time, whereupon the Contractor shall be paid only for the
work actually performed, the materials actually delivered to the job site, and the materials
specifically ordered by the Contractor for this project if such specifically ordered materials
cannot be returned to the manufacturer or supplier by the Contractor at no cost or
expense to the Contractor. (It is understood, however, that the Contractor shall return all
specifically ordered materials if the Owner agrees in writing to reimburse the Contractor
for all of the latter's costs and expenses incurred in so returning the materials.) The
Contractor shall not be entitled to recover any anticipated profits. This paragraph applies
only to those situations where the Owner suspends or terminates this Contract for
reasons other than the Contractor's performance or breach of or default under this
Contract.
9. This Contract is made and entered into in Richmond County, Georgia, and Georgia
law shall govern and apply to this Contract. In the event of a dispute or disputes between
the parties hereto, and in the event litigation is instituted, such litigation shall be
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commenced only in a state superior or district court in Richmond County, Georgia, and
each party hereby waives any right or claim for a change of venue from Richmond
County, Georgia.
10. The parties hereto acknowledge, represent, state and warrant that they have signed
and executed this Contract under seal, that they have adopted their respective seals as
affixed to this Contract, and that they are executing this Contract with the intent that it
shall be a sealed instrument.
11. Regardless of which party hereto is responsible for the preparation and drafting of
this Contract, it shall not be construed more strictly against either party.
12. Whenever the context permits, words herein in any gender shall include the
masculine, feminine and neuter.
13. This Contract may not be assigned by the Contractor unless the Owner has
consented in writing to the assignment.
IN WITNESS WHEREOF, the Owner and Contractor hereto have executed this contract
under seal on the date first above written in six counterparts, each of which shall be
deemed an original c<:mtract.
WI
~...s twe;..u;;,J7' ",J~J7: 61 ~~
(Contractor)
WITNESS:
~d-MJ#MfN
(Owner)
~l~L-
'11_ar~tdf~1 G~c..) tJ- /24.f"d 4 ~
lu~a-Richmond e'o, General P;~n Commission
~ ~leaJ) ~ v..
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PERFORMANCE BOND
342 31 33
KNOW ALL MEN BY THESE PRESENTS: That Seams Pavement Maintenance
Company, Inc., as Principal, hereinafter called Contractor, and Great American Insurance Co.
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond
County General Aviation Commission, as Obligee, hereinafter called Owner, in the
amount Fifty Four Thousand One Hundred and Twenty Five Dollars and 00/100 Cents
($54,125.00), for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Contractor has by written agreement dated , entered into a
contract with Owner for Installation of Runway Intersection Rehabilitation and Crack
Sealing in accordance with Drawings and Specifications prepared by W. K. Dickson &
Company, Inc., which contract is by reference made a part hereof, and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Contractor shall promptly and faithfully perform said Contract, then this obligation shall be
null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the
Owner.
Whenever Contractor shall be, and declared by Owner to be, in default under the
Contract, the Owner having performed Owner's obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, upon determination by Surety of the lowest responsible bidder, or, if the
Owner elects, upon determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Owner, and make
available as Work progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but
not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean the total amount payable by Owner
to Contractor under the Contract and any amendments thereto, less the amount properly
paid by Owner to Contractor. .
Any suit under this bond must be instituted before the expiration of (2) two years from the
date on which final payment under the Contract falls due.
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stating with substantial accuracy the amount claimed and the name of the party to whom
the materials were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner, or Surety, at any
place where an office is regularly maintained for the transaction of business, or served in
any manner in which legal process may be served in the state in which the aforesaid
project is located, save that such service need not be made by a public officer.
b. After the expiration on one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation embodied in this
bond is prohibited by any law controlling the construction hereof, such limitation shall be
deemed to be amended so as to be equal to the minimum period of limitation permitted
by such law.
c. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the Project, or any part thereof, is situated, or in
the United States District Court for the district in which the Project, or any part thereof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said improvement, whether or not
claim for the amount of such lien be presented under and against this bond.
Signed and sealed this
~~
day of
,20_
Beam's Pavement Maintenance Company
(Principal) (Seal)
~~~~
(Title) 6
~~8~
e..... 's...:"o- I-
Great American Insurnace Company
(Surety) (Seal)
4~.J/ ~
(Title) Attorney-in-Fac
Countersigned bY~. i?-. ~ Ltl ~
Jo R. Walker
Georgia Resident Agent
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LABOR AND MATERIAL PAYMENT BOND
,342 31 33
KNOW ALL MEN BY THESE PRESENTS: That Beams Pavement Maintenance
Company, Inc, as Principal, hereinafter called Principal, and Great American Insurance Company
as Surety, hereinafter called Surety, are held and firmly bound unto
Augusta-Richmond County General Aviation Commission, as Obligee, hereinafter called
Owner, for the use and benefit of claimants as herein below defined, in the amount Fifty
Four Thousand One Hundred and Twenty Five Dollars and 00/100 Cents ($54,125.00),
for the payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated entered into a
contract with Owner for Runway Intersection Rehabilitation and Crack Sealing in
accordance with Drawings and Specifications prepared by W. K. Dickson & Company,
Inc., which contract is by reference made a part hereof, and is hereinafter referred to as
the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal
shall promptly make payment to all claimants as hereinafter defined, for all labor and
material used or reasonably required for use in the performance of the Contract, then this
obligation shall be voi.d; otherwise it shall remain in full force and effect, subject, however,
to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a
Subcontractor of the Principal for labor, material, or both, used or rE?asonably required for
use in the performance of the Contract, labor and material being construed to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental or
equipment directly applicable to the Contract.
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2. The above-named Principal and Surety hereby jointly and severally agree with the
Owner that every Claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to final
judgement for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any
such suit.
3. No suit or action shall be commenced hereunder by any claimant.
a. Unless claimant, other than one having a direct contract with the Principal, shall
have given written notice to any two of the following: the Principal, the Owner, or the
Surety above-named, within ninety (90) days after such claimant did or performed the last
of the work or labor, or fumished the last of the materials for which said claim is made,
]
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No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Owner named herein or the heirs, executors, administrators or successors
of the Owner.
Signed and sealed this
day of
~
,20_.
Beam's Pavement Maintenance CompanY7 Inc.
(Principal) (Seal)
~~
Title)
e.. s-'~ ~
Great American. Insurance Company
(Surety) (Seal)
~_,jn~L
(Title) AttorneY-in~ct
Countersigned by -flt.-t.- -R, w ~
Jo R. Walker
Ge rgia Resident Agent
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GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 017456
POWER OF AITORNEY
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 tme 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,
Name
Address
Columbia. South Carolina
Columbia. South Carolina
Macon, Georgie
Limit of Power
all unlimited
Barbara H, Register
Herbert L. Ducuers
John R. Walker
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above,
IN \VITNESS WHEREOF the GREAT AlvlERlCAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this lOth day of June 2002
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON - ss: DOUGLAS R.BOWEN (513-369-3811)
On this 10th day of June. 2002 , before me personally appeared DOUGLAS R, BOWEN. 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 instnlluent; 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.
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.
RESOLVED: That the Divisioll President, the several Divisioll Vice Presidellls cmd A.uiSlalll Vice Presidellls, or allY olle of them, be alld hereby is
aurhori~ed. from time to time, to appoillf olle or more AIlOl71evs-ill-Fact to exeCllle 011 behalf of the Company, as surety, allY mId a/l bOllds, ulldertakillgs alld
cO/llmcts of suretyship, or other wrinen obligations in the IlGllIre thereof' to prescribe their respective dlllies and the respective limirs of their aWhority; and to
revoke any such appointment at QJI}' time.
RESOLVED FURTHER: That the Company seal and the signalllre of cmy of the qforesaid officers and any Secretary or Assistant SecretCIIY of the
Company may be affixed by facsimile to allY power of anomey or certificate "f either given for the execlllion of any bond, wldel7aking, C01llract or suretyship, or
other wrillen obligation in the nature thereof sllch signalllre and sea/ll'hen so used being hereby adopted by the Company as the original sigllature of such officer
and the original seal of the CompCl/I}: to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. H.4. YES. 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
S 1029T (11/01)
Client#: 4703 BEAMSPAVl
ACDBDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOIYY)
01/30/03
'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Davis-Garvin Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Columbia, SC 29221-1627
800 845-3163 INSURERS AFFORDING COVERAGE
INSURED INSURERA: Capital City Insurance Company
Beam's Pavement Maintenance Company, In< INSURER B: Hartford Insurance Company
2335 Atomic Road INSURER c:
Beech Island, SC 29842 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE POUCY NUMBER Pg~.feY(~~%~~~ P~~il (tXJiC@~
LTR UMITS
A GENERAL UABIUTY 08CLOO0845 04/01/02 04/01/03 EACH OCCURRENCE $1 000 000
I---
X COMMERCIAl GENERAl LIABILITY FIRE DAMAGE (Anyone fire) $100.000
I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) s5 000
- PERSONAl & ADV INJURY $1 000.000
GENERAL AGGREGATE $2 . 000 . 000
~'L AGGREnE ~~: I~:!~t PER: PRODUCTS 'COM~OPAGG $2 . 0 0 0 . 00 0
POLICY JECT LOC
A ~TOMOBILE UABIUTY 08CA00846 04/01/02 04/01/03 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
- AlL OWNED AUTOS BODILY INJURY
$
SCHEDULEO AUTOS (Per person)
l---
~ HIRED AUTOS BODILY INJURY
$
~ NON.QWNED AUTOS (Per accident)
l--- PROPERTY DAMAGE $
(Per accident)
RRAGE UABIUTY AUTO ONLY - EA ACCIDENT $
f>J.lY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
A EXCESS UABIUTY 08CUL05316 04/01/02 04/01/03 EACH OCCURRENCE $10 000 00
~ OCCUR D CLAIMS MADE AGGREGATE $10 000 OOC
$
=;l DEDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND OBWCOO0540 04/01/02 04/01/03 X IT~~~I~JUs I IO,TIt
EMPLOYERS' UABIUTY $500,000
E,L EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $500.000
EL, DISEASE . POLICY LIMIT $500,000
B OTHER Leased or 22MSBE1528 04/01/02 04/01/03 $200,000 Limit
Rented Equipment $2,500 Deductible
DESCRIPTION OF OPERA TlONSIlOCA TlONSlVEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Re:Runway Intersection Rehabilitation and Crack Sealing
CERTIFICATE HOLDER I I AD 0 mONAL INSURED 'INSURER LETIER: CANCELLATION
SHOULD f>J.lYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Augusta-Richmond County General DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAJL3.lL-DAYSWRlTTEN
Aviation Commission NOTICE TOTHE CERTIFICATE HOLDERNAMED TO THE LEFT, BUT FAILURE TO 00 SO SH ALL
530 Greene Street, Room 605 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER,ITS AGENTS OR
Augusta, GA 30911 REPRESENTATIVES,
~LRIZ}D RE~SENTA~~
I .1.1 "y Ii. : 1L.~/7J J.-
,
ACORD 25-S (7/97) 1 0 f 2
#S93517/M88089
BHR @ ACORD CORPORATION 1988
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.
ACORD25-S(7/97)2 of 2 #893517/M88089
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GENERAL PROVISIONS
SECTION 10
DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in the contract, in any
documents or other instruments pertaining to construction where these specifications
govern, the intent and meaning shall be interpreted as follows:
10-01 AASHTO. The American Association of State Highway and Transportation
Officials, the successor association to AASHO.
10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements
constructed thereon connecting the airport to a public highway.
10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting
bids for work to be performed and materials to be fumished.
10-04 AlP. The Airport Improvement Program, a grant-in-aid program, administered by
the Federal Aviation Administration.
10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air
operations area shall mean any area of the airport used or intended to be used for the
landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include
such paved or unpaved areas that are used or intended to be used for the unobstructed
movement of aircraft in addition to its associated runway, taxiway, or'apron.
10-06 AIRPORT. Airport means an area of land or water which is used or intended to be
used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.
10-07 ASTM. The American Society for Testing and Materials.
10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal.
10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or
through a duly authorized representative, who submits a proposal for the work
contemplated.
i 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to
be used for airport buildings or other airport facilities or rights-of-way together with all
airport buildings and facilities located thereon.
10-1
10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which
surface or subsurface waters are collected and conducted from the airport area.
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10-11 CALENDAR DAY. Every day shown on the calendar.
10-12 CHANGE ORDER. A written order to the Contractor covering changes in the
plans, specifications, or proposal quantities and establishing the basis of payment and
contract time adjustment, if any, for the work affected by such changes. The work,
covered by a change order, shall be within the scope of the contract.
10-13 CONTRACT. The written agreement covering the work to be performed. The
awarded contract shall include, but is not limited to: The Advertisement; The Contract
Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance
certificates; The Specifications; The Plans, and any addenda issued to bidders.
10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is
provided in the contract.
10-15 CONTRACT TIME. The number of calendar days stated in the proposal allowed
for completion of the contract, including authorized time extensions. If a calendar date of
completion is stated in the proposal, in lieu of a number of calendar days, the contract
shall be completed by that date.
10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable
for the acceptable performance of the work contracted and for the payment of all legal
debts pertaining to the work who acts directly or through lawful agents or employees to
complete the contract work.
10-18 ENGINEER. The individual, partnership, firm, or corporat!on duly authorized by
the owner (sponsor) to be responsible for engineering supervision of the contract work
and acting directly or through an authorized representative of the owner.
10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and
maintenance, and also all tools and apparatus necessary for the proper construction and
acceptable completion of the work.
10-20 EXTRA WORK. An item of work not provided for in the awarded contract as
previously modified by change order or supplemental agreement, but which is found by
the Engineer to be necessary to complete the work within the intended scope of the
contract as previously modified.
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10-21 FAA. The Federal Aviation Administration of the U.S. Department of
Transportation. When used to designate a person, FAA shall mean the Administrator or
his/her duly authorized representative.
10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and
supplements, amendments, and indices thereto are prepared and issued by the General
Services Administration of the Federal Government.
10-23 INSPECTOR. An authorized representative of the Owner 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.
10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the
words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words
of the like import are used, it shall be understood that the direction, requirement,
permission, order, designation, or prescription of the Engineer is intended; and similarly,
the words "approved," "acceptable," "satisfactory," or words of like import, shall mean
approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the
final determination of the owner.
Any reference to a specific requirement of a numbered paragraph of the contract
specifications or a cited standard shall be interpreted to include all general requirements
of the entire section, specification item, or cited standard that may be pertinent to such
specific reference.
1 0-25 LABORATORY. The official testing laboratories of the owner or such other
laboratories as may be designated by the Owner.
10-26 LIGHTING. A system of fixtures providing or controlling th~ 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.
10-27 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 awarded contract. All other items shall be considered
minor contract items.
1 0-28 MATERIALS. Any substance specified for use in the construction of the contract
work.
10-3
1 0-32 PAYMENT BOND. The approved form of security furnished by the Contractor and
his/her surety as a guaranty that he will pay in full all bills and accounts for materials and
labor used in the construction of the work.
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10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual
contract work on or before a specific date. If applicable, the Notice to Proceed shall state
the date on which the contract time begins.
10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the
contracting agency signatory to the contract. For AlP contracts, the term sponsor shall
. have the same meaning as the term owner.
10-31 PAVEMENT. The combined surface course, base course, and sub-base course, if
any, considered as a single unit.
10-33 PERFORMANCE BOND. The approved form of security fumished by the
Contractor and his/her surety as a guaranty that the Contractor will complete the work in
accordance with the terms of the contract.
10-34 PLANS. The official drawings or exact reproductions which show the location,
character, dimensions and details of the airport and the work to be done and which are to
be considered as a pa.rt of the contract, supplementary to the specifications.
10-35 PROJECT. The agreed scope of work for accomplishing specific airport
development with respect to a particular airport.
10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved
proposal form) to perform the contemplated work and fumish the necessary materials in
accordance with the provisions of the plans and specifications.
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10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee
that the bidder will enter into a contract if his/her proposal is accepted by the owner.
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10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
1 0-39 SPECIFICATIONS. A part of the contract containing the written directions and
requirements for completing the contract work. Standards for specifying materials or
testing or other references which are cited in the contract specifications by reference shall
have the same force and effect as if included in the contract physically.
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10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets,
retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains;
electrical ducts, manholes, hand holes , lighting fixtures and bases; transformers; flexible
10-4
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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.
10-41 SUBGRADE. The soil which forms the pavement foundation.
10-42 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.
10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor
and the owner covering: (1) work that would increase or decrease the total amount of the
awarded contract, or any major contract item, by more than 25 percent, such increased or
decreased work being within the scope of the originally awarded contract; or (2) work that
is not within the scope of the originally awarded contract.
10-44 SURETY. The corporation, partnership, or individual, other than the Contractor,
executing payment or performance bonds which are furnished to the owner by the
Contractor.
10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion
of the air operations area of an airport that has been designated by competent airport
authority for movement of aircraft to and from the airport's runways or aircraft parking
areas.
10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals
necessary or convenient to the Contractor's performance of all dl,lties and obligations
imposed by the contract, plans, and specifications.
10-47 WORKING DAY. A working day shall be any day other, than a legal holiday,
Saturday, or Sunday on which the normal working forces of the Contractor may proceed
with regular work for at least 6 hours toward completion of the contract. Unless work is
suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays
on which the Contractor's forces engage in regular work, requiring the presence of an
inspector, will be considered as working days.
END OF SECTION 10
10-5
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SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). An official notice to contractors stating
the work to be undertaken and the time and place for submission of Proposals. The
, invitation for the work under this project is contained in the Notice To Bidders, a separate
section of these specifications.
20-02 PREQUALlFICA TION OF BIDDERS. Each bidder shall furnish the owner
satisfactory evidence of his/her competency to perform the proposed work. Such
evidence of competency, unless otherwise specified, shall consist of statements covering
the bidder's past experience on similar work, a list of equipment that would be available
for the work, and a list of key personnel that would be available. In addition, each bidder
shall furnish the owner satisfactory evidence of his/her financial responsibility. Such
evidence of financial responsibility, unless otherwise specified, shall consist of a
confidential statement or report of the bidder's financial resources and liabilities as of the
last calendar year or the Contractor's last fiscal year. Such statements or reports shall be
certified by a public accountant. At the time of submitting such financial statements or
reports, the bidder shall further certify whether his/her financial responsibility is
approximately the same as stated or reported by the public accountant. If the bidder's
financial responsibility. has changed, the bidder shall qualify the public accountant's
statement or report to reflect his/her (bidder's) true financial condition at the time such
qualified statement or report is submitted to the owner.
Unless otherwise specified, a bidder may submit evidence that he is prequalified with the
State Highway Division and is on the current "bidder's list" of the state in which the
proposed work is located. Such evidence of State Highway Division prequalification may
be submitted as evidence of financial responsibility in lieu of the ,certified statements or
reports hereinbefore specified.
Each bidder shall submit "evidence of competency" and "evidence of financial
responsibility" to the owner no later than 10 days prior to the specified date for opening
bids.
20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with
proposal forms: All papers bound with or attached to the proposal forms are necessary
parts and must not be detached.
The proposal forms to be used for the work as hereinafter described and as contained in
these specifications are contained in the Proposal Section of these specification
documents. No other proposal form will be accepted for the work under this project.
20-1
20-2
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The proposal forms contain the date for submission of the proposal, estimated quantities
of the various items of work to be performed and the basis of payment. The proposal
also states the time for completion of the work covered under these specifications, the
Equal Employment Opportunity Requirements of the contractor and instructions to the
contractor with regards to the Proposal.
The plans, specifications, and other documents designated in the proposal form shall be
considered a part of the proposal whether attached or not.
20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to
issue a proposal form to a prospective bidder should such bidder be in default for any of
the following reasons:
a. Failure to comply with any prequalification regulations of the owner, if such
regulations are cited, or otherwise included, in the proposal as a requirement for bidding.
b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on
former contracts in force (with the owner) at the time the owner issues the proposal to a
prospective bidder.
c. Contractor default under previous contracts with the owner.
d. Unsatisfactory work on previous contracts with the owner.
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of
quantities of work to be done and materials to be furnished under t~ese specifications is
given in the proposal. It is the result of careful calculations and is believed to be correct.
It is given only as a basis for comparison of proposals and the award of the contract. The
Owner or the Owner's Engineer do not expressly or by implicatiol1 agree that the actual
quantities involved will correspond exactly therewith; nor shall the bidder plead
misunderstanding or deception because of such estimates of quantities, or of the
character, location, or other conditions pertaining to the work. Payment to the Contractor
will be made only for the actual quantities of work performed or materials furnished in
accordance with the plans and specifications. It is understood that the quantities may be
increased or decreased as hereinafter provided in the subsection titled ALTERATION OF
WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid
prices.
20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is
expected to carefully examine the site of the proposed work, the proposal, plans
specifications, and contract forms. He shall satisfy himself as to the character, quality,
and quantities of work to be performed, materials to be furnished, and as to the
requirements of the proposed contract.
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The submission of a proposal shall be prima facie evidence that the bidder has made
such examination and is satisfied as to the conditions to be encountered in performing the
work and as to the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for
inspection of bidders at the office of the Engineer. It is understood and agreed that such
subsurface information, whether included in the plans, specifications, or otherwise made
available to the bidder, was obtained and is intended for the owner's design and
estimating purposes only. Such information has been made available for the
convenience of all bidders. It is further understood and agreed that each bidder is solely
responsible for all assumptions, deductions, or conclusions which he may make or obtain
from his/her examination of the boring logs and other records of subsurface investigations
and tests that are furnished by the owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the
forms furnished by the owner. All blank spaces in the proposal forms must be correctly
filled in where indicated for each and every item for which a quantity is given. The bidder
shall state the price (written in ink or typed) both in words and numerals for which he
proposes to do each pay item furnished in the proposal. In case of conflict between
words and numerals, the words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an
individual, his/her name and post office address must be shown. If made by a
partnership, the name and post office address of each member of the partnership must
be shown. If made by a corporation, the person signing the proposc~lI shall give the name
of the state under the laws of which the corporation was chartered and the name, titles,
and business address of the president, secretary, and the treasurer. Anyone signing a
proposal as an agent shall file evidence of his/her authority to do so and that the
signature is binding upon the firm or corporation.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the
following reasons:
a. If the proposal is on a form other than that furnished by the owner, or if the
owner's forrn is altered, or if any part of the proposal form is detached.
b. If there are unauthorized additions, conditional or alternate pay items, or
irregularities of any kind which make the proposal incomplete, indefinite, or otherwise
ambiguous.
20-3
d. If the proposal contains unit prices that are obviously unbalanced.
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c. If the proposal does not contain a unit price for each pay item listed in the
proposal, except in the case of authorized alternate pay items, for which the bidder is not
required to furnish a unit price. "
e. If the proposal is not accompanied by the proposal guaranty specified by
the owner.
The owner reserves the right to reject any irregular proposal and the right to waive
technicalities if such waiver is in the best interest of the owner and conforms to local laws
and ordinances pertaining to the letting of construction contracts.
20-09 BID GUARANTY. Each separate proposal shall be accompanied by a certified
check, or other specified acceptable collateral, in the amount specified in the proposal
form. Such check, or collateral, shall be made payable to the owner.
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed
envelope plainly marked with the project number, location of airport, and name and
business address of the bidder, his contractor's license number and bidder's license
number, as applicable on the outside. When sent by mail, preferably registered, the
sealed proposal, mai-ked as indicated above, should be enclosed in an additional
envelope. No proposal will be considered unless received at the place specified in the
advertisement before the time specified for opening all bids. Proposals received after the
bid opening time shall be returned to the bidder unopened.
20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or
revise (by withdrawal of one proposal and submission of another) a proposal provided
that the bidder's request for withdrawal is received by the owner in writing or by telegram
before the time specified for opening bids. Revised proposals must be received at the
place specified in the advertisement before the time specified for opening all bids.
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read,
publidy at the time and place specified in the advertisement. Bidders, their authorized
agents, and other interested persons are invited to attend. Proposals that have been
withdrawn (by written or telegraphic request) or received after the time specified for
opening bids shall be returned to the bidder unopened.
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20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for
any of the following reasons:
a. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name.
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b. Evidence of collusion among bidders. Bidders participating in such
collusion shall be disqualified as bidders for any future work of the owner until any such
participating bidder has been reinstated by the owner as a qualified bidder.
c. If the bidder is considered to be in "default" for any reason specified in the
subsection titled ISSUANCE OF PROPOSAL FORMS of this section.
20-14 ADDENDA - CHANGES WHILE BIDDING. No interpretation of the plans,
technical specifications or other contract documents, nor correction of any apparent
ambiguity, inconsistency or error therein, will be made to any bidder orally. Every request
for such interpretation or correction shall be in writing, addressed to the Engineer and
must be received at least five (5) calendar days prior to the opening of bids in order to be
given consideration. All such interpretations and supplemental instructions will be in the
form of written addenda to the contract documents which, if issued, will be sent by
telegram, certified or registered mail, or hand delivered to all prospective bidders (at the
respective addresses furnished for such purposes) not later than two (2) calendar days
prior to the date fixed for the opening of bids. If any bidder fails to acknowledge the
receipt of such addenda in the space provided in the bid form, his bid will nevertheless be
construed as though the receipt of such addenda has been acknowledged.
Only the interpretation or correction so given by the Engineer in writing shall be binding,
and prospective bidders are warned that no other source is authorized to give information
concerning, explaining, or interpreting the contract documents.
END OF SECTION 20
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SECTION 30
AWARD AND EXECUTION OF CONTRACT
30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened
and read, they will be compared on the basis of the summation of the products obtained
by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a
bidder's proposal contains a discrepancy between unit bid prices written in words and unit
bid prices written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the owner reserves the right to reject a bidder's
proposal for any of the following reasons:
a. If the proposal is irregular as specified in the subsection titled IRREGULAR
PROPOSALS of Section 20.
b. If the bic~der is disqualified for any of the reasons specified in the
subsection titled DISQUALIFICATION OF BIDDERS of Section 20.
In addition, until the award of a contract is made, the owner reserves the right to reject
any or all proposals, waive technicalities, if such waiver is in the best interest of the owner
and is in conformance' with applicable state and local laws or regulations pertaining to the
letting of construction contracts; advertise for new proposals; or proceed with the work
otherwise. All such actions shall promote the owner's best interests.
30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be
made within 90 calendar days of the date specified for publicly opening proposals, unless
otherwise specified herein.
Award of the contract shall be made by the owner to the lowest, qualified bidder whose
proposal conforms to the cited requirements of the owner.
The owner may make a contract award prior to FAA approval, provided the award
stipulates that the award is made subject to FAA approval, including but not limited to the
contractor's EEO and DBE requirements as applicable and as may be contained in these
specifications.
30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award
without liability to the bidder, except return of proposal guaranty, at any time before a
contract has been fully executed by all parties and is approved by the owner in
accordance with the subsection titled APPROVAL OF CONTRACT of this section.
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30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, other than bid
bonds, except those of the two lowest bidders, will be returned immediately after the
owner has made a comparison of bids as hereinbefore specified in the subsection titled
CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two
lowest bidders will be retained by the owner until such tirne as the contract is executed, at
which time, the unsuccessful bidder's proposal guaranty, other than bid bonds, will be
returned. The successful bidder's proposal guaranty, other than bid bonds, will be
returned as soon as the owner receives the contract bonds as specified in the subsection
titled REQUIREMENTS OF CONTRACT BONDS of this section. Bid bonds will be
returned only upon specific written request.
30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the
contract, the successful bidder shall furnish the owner a surety bond or bonds which have
been fully executed by the bidder and the surety guaranteeing the performance of the
work and the payment of all legal debts that may be incurred by reason of the
Contractor's performance of the work. The surety and the form of the bond or bonds shall
be acceptable to the owner. Unless otherwise specified in this subsection, the surety
bond or bonds shall be in a sum equal to the full amount of the contract.
30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the
necessary agreements for entering into the contract and return such signed contract to
the owner, along with the fully executed surety bond or bonds specified in the subsection
titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days
from the date mailed or otherwise delivered to the successful bidder. If the contract is
mailed, special handling is recommended.
30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or
bonds that have been executed by the successful bidder, the owner shall complete the
execution of the contract in accordance with local laws or ordinanc,es, and return the fully
executed contract to the Contractor. Delivery of the fully executed contract to the
'Contractor shall constitute the owner's approval to be bound by the successful bidder's
proposal and the terms of the contract, except as provided under Subsection 30-02.
30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute
the contract and furnish an acceptable surety bond or bonds within the 15 calendar day
period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of
this section shall be just cause for cancellation of the award and forfeiture of the proposal
guaranty, not as a penalty, but as liquidation of damages to the owner.
END OF SECTION 30
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SECTION 40
SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction
and completion, in every detail, of the work described. It is further intended that the
" Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies
required to complete the work in accordance with the plans, specifications, references,
and terms of the contract.
40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall
have the right to make such alterations in the work as he may deem necessary or
desirable to complete the work originally intended. Unless otherwise specified herein, the
Owner shall be and is hereby authorized to make such alterations in the work as may
increase or decrease the originally awarded contract quantities, provided that the
aggregate of such alterations does not change the total contract cost or the total cost of
any major contract item by more than 25 percent (total cost being based on the unit
prices and estimated quantities in the awarded contract). Alterations which do not
exceed the 25 percent limitation shall not invalidate the contract nor release the surety,
and the Contractor agrees to accept payment for such alterations as if the altered work
had been a part of the original contract. These alterations which are for work within the
general scope of the cOntract shall be covered by "Change Orders" issued by the Owner.
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
agreernent. If the owner and the Contractor are unable to agree or 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 involving AlP funding shall be approved by the FAA and
shall include valid wage determinations of the U.S. Secretary of Labor when the amount
of the supplemental agreement exceeds $2,000. However, if the Contractor elects to
waive the limitations on work that increases or decreases the originally awarded contract
or any major contract item by more than 25 percent, the supplemental agreement shall be
subject to the same U.S. Secretary of Labor wage determination as was included in the
originally awarded contract.
All supplemental agreements shall require consent of the Contractor's surety and
separate performance and payment bonds.
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40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the
work any contract item, except major contract items. Major contract items may be omitted
by a supplemental agreement. Such omission of contract items shall not invalidate any
other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be non performed, the
Contractor shall be paid for all work performed toward completion of such item prior to the
date of the order to omit such item. Payment for work performed shall be in accordance
with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the contract require the
Contractor to perform an item of work for which no basis of payment has been provided in
the original contract or previously issued change orders or supplemental agreements, the
same shall be called Extra Work. Extra work that is within the general scope of the
contract shall be covered by written change order. Change orders for such extra work
shall contain agreed unit prices for performing the change order work in accordance with
the requirements specified in the order, and shall contain any adjustment to the contract
time that, in the Engineer's opinion, is necessary for completion of such extra work.
When determined to be in the owner's best interest, the Engineer may order the
Contractor to proceed with extra work by force account as provided in the subsection
titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within the
general scope of the work covered by the original contract shall be covered by a
Supplemental Agreement as hereinbefore defined in the subsection titled
SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement approved
by the Owner (change order or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAF.FIC. It is the explicit intention of the contract that the
safety of aircraft, as well as the Contractor's equipment and personnel, is the most
important consideration. It is understood and agreed that the Contractor shall provide for
the free and unobstructed movement of aircraft in the air operations areas of the airport
with respect to his/her own operations and the operations of all his/her subcontractors as
specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is
further understood and agreed that the Contractor shall provide for the uninterrupted
operation of visual and electronic signals (including power supplies thereto) used in the
guidance of aircraft while operating to, from, and upon the airport as specified in the
subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND
FACILITIES OF OTHERS in Section 70.
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With respect to his/her own operations and the operations of all his/her subcontractors,
the Contractor shall provide rnarking, lighting, and other acceptable means of identifying:
personnel; equipment; vehicles; storage areas; and any work area or condition that may
be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles
at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road,
street, or highway during the Contractor's performance of work that is otherwise provided
for in the contract, plans, and specifications, the Contractor shall keep such road, street,
or highway open to all traffic and shall provide such maintenance as may be required to
accommodate traffic. The Contractor shall furnish erect, and maintain barricades,
warning signs, flagmen, and other traffic control devices in reasonable conformity with the
manual of Uniform Traffic Control Devices for Streets and Highways (published by the
United States Government Printing Office), unless otherwise specified herein. The
Contractor shall also construct and maintain in a safe condition any temporary
connections necessary for ingress to and egress from abutting property or intersecting
roads, streets or highways. Unless otherwise specified herein, the Contractor will not be
required to furnish snow removal for such existing road, street, or highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as
specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall
not be measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered
within the established lines, grades, or grading sections shall be removed by the
Contractor, unless such existing structures are otherwise spe~ified 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 (where no pay item for "removal" is
provided) 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
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established for completion of the work) shall be utilized in the work as otherwise provided
for in the cOntract and shall remain the property of the owner when so utilized in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag,
or concrete slabs within the established lines, grades, or grading sections, the use of
which is intended by the terms of the contract to be either embankment or waste, he may
at his/her option either:
a. Use such material in another contract item, providing such use is approved
by the Engineer and is in conformance with the contract specifications applicable to such
use; or,
b. Remove such material from the site, upon written approval of the Engineer;
or
C. Use such material for his/her own temporary construction on site; or,
d. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's
approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option a., b., or c., the
Contractor shall be paid for the excavation or removal of such material at the applicable
contract price. The Contractor shall replace, at his/her own expen~e, such removed or
excavated material with an agreed equal volume of material that is acceptable for use in
constructing embankment, backfills, or otherwise to the extent that such replacement
material is needed to complete the contract work. The Contractor shall not be charged for
his/her use of such material so used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option a., the Contractor shall
be paid, at the applicable contract price, for furnishing and installing such material in
accordance with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by reason
of his/her exercise of option a., b., or c.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or
part of a structure which is located outside the lines, grades, or grading sections
established for the work, except where such excavation or removal is provided for in the
contract, plans, or specifications.
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40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and
final payment will be made, the Contractor shall remove from the site all machinery,
equipment, surplus and discarded materials, rubbish, temporary structures, and stumps
or portions of trees. He shall cut all brush and woods within the limits indicated and shall
leave the site in a neat and presentable condition. Material cleared from the site and
deposited on adjacent property will not be considered as having been disposed of
,satisfactorily, unless the Contractor has obtained the written permission of such property
owner.
END OF SECTION 40
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SECTION 50
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all
questions which may arise as to the quality and acceptability of materials furnished, work
performed, and as to the manner of performance and rate of progress of the work. He
shall decide all questions which may arise as to the interpretation of the specifications or
plans relating to the work, the fulfillment of the contract on the part of the Contractor, and
the rights of different Contractors on the project. The Engineer shall determine the
amount and quality of the several kinds of work performed and materials furnished which
are to be paid for the under contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials
furnished shall be in reasonably close conformity with the lines, grades, grading sections,
cross sections, dimensions, material requirements, and testing requirements that are
specified (including specified tolerances) in the contract, plans or specifications.
If the Engineer finds the materials furnished, work performed, or the finished product are
not in reasonably close conformity with the plans and specifications but that the portion of
the work affected will, in his opinion, result in a finished product having a level of safety,
economy, durability, and workmanship acceptable to the owner, he will advise the owner
of his/her determination that the affected work be accepted and remain in place. In this
event, the Engineer will document his/her determination and recommend to the owner a
basis of acceptance which will provide for an adjustment in the contract price for the
affected portion of the work. The Engineer's determination and recommended contract
price adjustments will be based on good engineering judgment and' such tests or retests
of the affected work as are, in his opinion, needed. Changes in the contract price shall be
covered by contract modifications (change order or suppler'ryental agreement) as
applicable,
If the Engineer finds the materials furnished, work performed, or the finished product are
not in reasonably close conformity with the plans and specifications and have resulted in
an unacceptable finished product, the affected work or materials shall be removed and
replaced or otherwise corrected by and at the expense of the Contractor in accordance
with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance
with the contract, plans, and specifications. The term shall not be construed as waiving
the Engineer's right to insist on strict compliance with the requirements of the contract,
plans, and specifications during the Contractor's prosecution of the work, when, in the
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Engineer's opinion, such compliance is essential to provide an acceptable finished portion
of the work.
For the purpose of this subsection, the term "reasonably close conformity" is also
intended to provide the Engineer with the authority to use good engineering judgment in
his/her determinations as to acceptance of work that is not in strict conformity but will
. provide a finished product equal to or better than that intended by the requirements of the
contract, plans and specifications.
50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The
contract, plans, specifications, and all referenced standards cited are essential parts of
the contract requirements. A requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide for
a complete work. In case of discrepancy, calculated dimensions will govern over scaled
dimensions; contract technical specifications shall govern over contract general
provisions, plans, cited standards for materials or testing, and cited FAA advisory
circulars; plans shall govern over cited standards for materials or testing and cited FAA
advisory circulars.
The Contractor shall not take advantage of any error or omission on the plans or
specifications. In the event the Contractor discovers any error or discrepancy, he shall
immediately call upon the Engineer for his/her interpretation and decision, and such
decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two
copies each of the plans and specifications. He shall have available on the work at all
times one copy each of the plans and specifications. Additional copies of plans and
specifications may be obtained by the Contractor from the Engineer at the Engineer's
cost.
The Contractor shall give constant attention to the work to facilitate the progress thereof,
and he shall cooperate with the Engineer, inspectors and with other contractors in every
way possible. The Engineer shall allocate the work and designate the sequence of
construction in case of controversy between contractors. The Contractor shall have a
competent superintendent on the work at all times who is fully authorized as his/her agent
on the work. The superintendent shall be capable of reading and thoroughly
understanding the plans and specifications and shall receive and fulfill instructions from
the Engineer or his/her authorized representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to
contract for and perform other or additional work on or near the work covered by this
contract.
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When separate contracts are let within the limits of anyone project, each Contractor shall
conduct his/her work so as not to interfere with or hinder the progress of completion of the
work being performed by other Contractors. Contractors working on the same project
shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection
. with his/her contract and shall protect and save harmless the owner from any and all
damages or claims that may arise because of inconvenience, delays, or loss experienced
by him because of the presence and operations of other Contractors working within the
limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the materials
being used so as not to interfere with the operations of the other Contractors within the
limits of the same project. He shall join his/her work with that of the others in an
acceptable manner and shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The contractor shall provide for all
lines, grades and measurements as may be necessary to layout the work in accordance
with the detailed plans, and to insure proper control of the job to its completion. It shall be
the contractor's responsibility to satisfy himself as to the accuracy of all measurements
before construction, and he shall not take advantage of any errors which may have been
made in laying out the work. The contractor shall have a properly qualified instrument
man with rod men and/or chainmen with instruments and equipment approved by the
Engineer available to the project at all times.
The Engineer will, during the progress of the work, check the accuracy of the contractor's
measurements and may, at his discretion, supplement the measurenients called for in the
plans with additional lines and grades to implement the progress of the work.
Such stakes and markings as the Engineer may set for either his own or the contractor's
guidance shall be scrupulously preserved by the contractor. In case of negligence on the
part of the contractor or his employees, resulting in the destruction of such stakes or
markings, the same shall be immediately replaced by the contractor at his expense.
The Contractor shall be responsible for maintaining a set of as-constructed plans on the
project at all times noting any changes, deviation, etc., with the responsibility to furnish
the owner, at the completion of the project, a set of as-constructed plans.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing
plant equipment is required to be operated automatically under the contract and a
breakdown or malfunction of the automatic controls occurs, the equipment may be
operated manually or by other methods for a period 48 hours following the breakdown or
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malfunction, provided this method of operation will produce results which conform to all
other requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the
owner shall be authorized to inspect all work done and all material furnished. Such
inspection may extend to all or any part of the work and to the preparation, fabrication, or
manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or
waive any provision of the contract. Inspectors are not authorized to issue instructions
contrary to the plans and specifications or to act as foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of
the contract, plans, or specifications and to reject such nonconforming materials in
question until such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work
shall be subject to inspection by the Owner's representative. 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 facilitate his inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work,
shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the work to the standard
required by the specifications. Should the work thus exposed or examined prove
acceptable, the uncovering, or removing, and the replacing of the covering or making
good of the parts removed will be paid for as extra work; but should, the work so exposed
or examined prove unacceptable, the uncovering, or removing, and the replacing of the
covering or making good of the parts removed will be at the Contractor's expense.
Any work done or materials used without inspection by an authorized representative of
the owner may be ordered removed and replaced at the Contractor's expense unless the
owner's representative failed to inspect after having been given reasonable notice in
writing that the work was to be performed. However, this in no way relieves the
Contractor from his responsibility for compliance of work with the contract.
Should the contract work include relocation, adjustment, or any other modification to
existing facilities, not the property of the (contract) owner, authorized representatives of
the owners of such facilities shall have the right to inspect such work. Such inspection
shall in no sense make any facility owner a party to the contract, and shall in no way
interfere with the rights of the parties to this contract.
The administration, inspection, assistance and actions by the Engineer or the
representative of the owner, as 'herein provided, shall not be construed as undertaking
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supervisory control of the construction work or of means and methods employed by the
contractor and shall not relieve the contractor from any of his responsibilities or
obligations under the contract, nor shall the contractor request or require the Engineer or
the representative of the owner to undertake such supervisory control or to act in any
manner so as to relieve the contractor from such responsibilities or obligations.
The fact that the Engineer or the representative or the owner has not made early
. discovery of faulty work or of work omitted, or of work performed which is not in
accordance with the contract requirements, shall not bar the Engineer from subsequently
rejecting such faulty work.
50-1 0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which
does not conform to the requirements of the contract, plans, and specifications will be
considered unacceptable, unless otherwise determined acceptable by the Engineer as
provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of
this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final
acceptance of the work, shall be removed imrnediately and replaced in an acceptable
manner in accordance with the provisions of the subsection titled CONTRACTOR'S
RESPONSIBILITY FOR WORK of Section 70.
No work shall be done without lines and grades in conformance with the plans and
specifications. Work done contrary to the instructions of the Engineer, work done beyond
the lines shown on the plans or as given, except as herein specified, or any extra work
done without prior written approval, will be considered as unauthorized and will not be
paid for under the provisions of the contract. Work so done may be ordered removed or
replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the
Engineer made under the provisions of this subsection, the Owner will have authority to
cause unacceptable work to be remedied or removed and replaced and unauthorized
work to be removed and to deduct the costs (incurred by the owner) from any monies due
or to become due the Contractor.
50-11 LOAD . RESTRICTIONS. The Contractor shall comply with all legal load
restrictions in the hauling of rnaterials on public roads beyond the limits of the work. A
special permit will not relieve the Contractor of liability for damage which may result from
the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or to any other type of construction will not be permitted. Hauling of materials
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over the base course, surface course, or other contract items under construction shall be
limited as directed. No loads will be permitted on a concrete pavement, base, or structure
before the expiration of the curing period. The Contractor shall be responsible for all
damage done by his/her hauling equipment and shall correct such damage at his/her own
expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the
work during construction and for a period of one year after 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.
Maintenance shall include by shall not be limited to watering, mulching, fertilizing,
weeding, guying, staking, pruning and insect and disease control.
In the case of a contract for the placing of a course upon a course or subgrade previously
constructed, the Contractor shall maintain the previous course or subgrade during all
construction operations.
All costs of maintenance work during construction and before the project is accepted shall
be included in the unit prices bid on the various contract items, and the Contractor will not
be paid an additional amount for such work.
50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to
maintain the work as provided in the subsection titled MAINTENANCE DURING
CONSTRUCTION of this section, the Engineer shall immediately nqtify 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 Owner may
suspend any work necessary for the owner to correct such unsatisfactory maintenance
condition, depending on the exigency that exists. Any maintenance cost incurred by the
owner shall be deducted from monies due or to become due the Contractor.
50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the
Contractor substantially completes a usable unit or portion of the work, the occupancy of
which will benefit the owner, he may request the Engineer to make final inspection of that
unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed
in compliance with the contract, the Owner 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.
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50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive
completion of the entire project, the Engineer and owner will make an inspection. If all
construction provided for and contemplated by the contract is found to be completed in
accordance with the contract, plans, and specifications, such inspection shall constitute
the final inspection. The Engineer shall notify the Contractor in writing of final acceptance
as of the date of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
unsatisfactory, the Engineer will give the Contractor instructions for correction of same,
and the Contractor shall immediately comply with and execute such instructions. Upon
correction of the work, another inspection will be made which shall constitute the final
inspection, provided the work has been satisfactorily completed and the Engineer will
make the final acceptance. In such event, the Engineer will make the final acceptance
and notify the Contractor in writing of this acceptance as of the date of final inspection.
Such final acceptance shall in no way relieve the Contractor from responsibility for
defective work.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor
deems that additional compensation is due him for work or materials not clearly provided
for in the contract, plans, or specifications or previously authorized as extra work, he shall
notify the Engineer in writing of his/her intention to claim such additional compensation
before he begins the work on which he bases the claim. If such notification is not given or
the Engineer is not afforded proper opportunity by the Contractor for keeping strict
account of actual cost as required, then the Contractor hereby agrees to waive any claim
for such additional compensation. Such notice by the Contractor and the fact that the
Engineer has kept account of the cost of the work shall not in any way be construed as
proving or substantiating the validity of the claim. When the work on which the claim for
additional compensation is based has been completed, the Con~ractor shall, within 10
calendar days, submit his/her written claim to the Engineer who will present it to the
owner for consideration in accordance with local laws or ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor's right to
dispute final payment based on differences in measurements or computations.
END OF SECTION 50
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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.
The Contractor shall furnish meteorological, navigational, and airport lighting equipment
that conforms to the requirements of cited materials specifications. In addition, where an
FAA specification for the equipment is cited in the plans or specifications, the Contractor
shall furnish such equipment that is:
a. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport
Equipment, that is in effect on the date of advertisement; and,
b. Produced by the manufacturer qualified (by FAA) to produce such specified
and listed equipment.
The equiprnent required for this contract and to be furnished by the Contractor in
accordance with the requirements of this subsection is contained in the Proposal and
Technical sections of these specifications.
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 written approval or written
permission of the Engineer shall be performed at the Contractor's risk. Materials found to
be unacceptable and unauthorized will not be paid for and, if directed by the Engineer,
shall be removed at the Contractor's expense. Unless otherwise designated, tests in
accordance with the cited standard methods of AASHTO or ASTM which are current on
the date of advertisement for bids will be made by and at the expense of the owner.
Samples will be taken by a qualified representative of the owner. All materials being used
60-1
are subject to inspection, test, or rejection at any time prior to or during incorporation into
the work. Copies of all tests will be furnished to the Contractor's representative at his/her
request.
60-03 CERTIFICA liON OF COMPLIANCE. The Owner may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by
manufacturer's certificates of compliance stating that such materials or assemblies fully
comply with the requirements of the contract. The certificate shall be signed by the
manufacturer. Each lot of such materials or assemblies delivered to the work must be
accompanied by a certificate of compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled
and tested at any time and if found not to be in conformity with contract requirements will
be subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the Owner.
When a material or assembly is specified by "brand name or equal", the Contractor shall
be required to furnish the manufacturer's certificate of compliance for each lot of such
material or assembly delivered to the work. Such certificate of compliance shall clearly
identify each lot delivered and shall certify as to:
a. Conformance to the specified performance, testing, quality or dimensional
requirements; and,
b. Suitability of the material or assembly for the use intended in the contract
work.
Should the Contractor propose to furnish an "or equal" material, or assembly, he shall
furnish the manufacturer's certificates of compliance for the specified brand name
material or assembly. However, the Owner shall be the sole judge as to whether the
proposed "or equal" is suitable for use in the work.
The Owner reserves the right to refuse permission for use of materials or assemblies on
the basis of certificates of compliance.
60-04 PLANT INSPECTION. The Owner or his/her authorized representative may
inspect, at its source, any specified material or assembly to be used in the work.
Manufacturing plants may be inspected from time to time for the purpose of determining
compliance with specified manufacturing methods or materials to be used in the work and
to obtain samples required for his/her acceptance of the material or assembly.
Should the Owner conduct plant-inspections, the following conditions shall exist:
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a. The Owner shall have the cooperation and assistance of the Contractor
and the producer with whorn he has contracted for materials.
b. The Owner shall have full entry at all reasonable times to such parts of the
plant that concern the manufacture or production of the materials being furnished.
c. If required by the Owner, the Contractor shall arrange for adequate office or
working space that may be reasonably needed for conducting plant inspections. Office or
working space should be conveniently located with respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material
which has been tested and approved at the source of supply after it has been delivered to
the site. The Owner shall have the right to reject only material which, when retested,
does not meet the requirements of the contract, plans, or specifications.
60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. A field office for the Owner's
resident project representative and testing personnel will be required for this project. This
office shall be provided by the Contractor at no additional cost and shall be adequately
sized to accommodate the needs of the resident project representative's use in
maintaining project records, as well as adequate storage of project records.
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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 Owner. 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 s~own 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 Owner. 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. Upon request, the Contractor shall furnish the Engineer a copy of the property
owner's permission.
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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.
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60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform
to the requirements of the contract, plans, or specifications shall be considered
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unacceptable and shall be rejected. The Contractor shall remove any rejected material or
assembly from the site of the work, unless otherwise instructed by the Engineer.
No rejected material or assembly, the defects of which have been corrected by the
Contractor, shall be returned to the site of the work until such time as the Engineer has
approved its use in the work.
60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials
required to complete the work, except those specified herein (if any) to be furnished by
the owner. Owner-furnished materials shall be made available to the Contractor at the
location specified herein.
All costs of handling, transportation from the specified location to the site of work, storage,
and installing owner-furnished materials shall be included in the unit price bid for the
contract item in which such owner-furnished material is used.
After any owner-furnished material has been delivered to the location specified, the
Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies
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.
60-09. SHOP DRAWINGS. The contractor is responsible for the preparation of detailed
shop drawings necessary for the fabrication, erection and construction of all parts of the
work in conformity with the contract documents. Copies of shop drawings shall be
submitted to the Engineer for approval in accordance with the procedures herein
described. The number of copies submitted shall be sufficient for the Engineer to keep
three (3) copies and the remaining copies returned for the Contrac~or's distribution.
"Shop Drawings", wherever referred to, shall be defined as drawings, diagrams,
illustrations, schedules, catalog cuts, performance charts, brochures, and other data
prepared by the Contractor, which illustrates how specific portions of the work shall be
fabricated and/or installed.
Where it is difficult to provide shop drawings, transparencies such as for "catalog cuts",
"brochures" or '~photographs", the Contractor shall submit a minimum of five (5) copies of
such "cuts", "brochures", or "photographs". Additional copies shall be supplied when
required by the Engineer.
All submissions of shop drawings, brochures and catalog cuts shall be accompanied by a
transmittal letter listing the drawings submitted by number and title.
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Each reproducible shop drawing shall contain title block with the following infonnation
provided:
(a) Number and title of drawing, including contract number;
(b) Date of drawing or revisions;
(c) Name of contractor or subcontractor submitting drawing;
(d) Project number;
(e) Specification section title and number;
(f) Space above the title block for engineer's approval stamp
(g) Submission number (whether first, second, third, etc.)
Each shop drawing shall have listed on it all contract references, drawing numbers, plus
shop drawing numbers on related work by other subcontractors, if available.
Non-reproducible shop drawings shall be submitted with a cover sheet containing all of
the information required on reproducible shop drawings.
Shop drawings shall be complete in every detail, including a location plan relating the
work to space identification and column numbers. Materials, gauges, method of
fastening, size fitting, drilling, and any and all other necessary information as per usual
trade practice or as required for any specific purpose must be clearly shown.
The contractor shall check and approve all shop drawings to make sure that they conform
to the drawings, specifications, and other contract requirements, and correct the drawings
found to be inaccurate or otherwise in error. The contractor shall verify all field
dimensions and criteria and shall be responsible for the coordination of work by all
subcontractors. '
Shop drawings, at the time of submission, shall bear the signat~re of the contractor's
checker, date and stamp of approval for submission to the engineer as evidence that
such drawings and/or details have been reviewed, checked and approved by the
contractor. Drawings submitted without such stamp of approval will be returned to the
contractor unapproved and will require resubmission. In such event, it will be deemed
that the contractor has not complied with the requirements of this subsection and shall
bear the risks of delays as if no drawings or details had been submitted. Both sepia and
prints must bear contractor's stamp.
The contractor, by approving and submitting shop drawings, represents that he has
determined and verified all field measurements and quantities, field construction criteria,
materials, catalog numbers, and similar data, and that he has reviewed and coordinated
the information in the shop drawings with the requirements of the work and the contract
documents.
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At the time of submission, the contractor shall inform the engineer in writing of any
deviation in the shop drawings or samples from the requirements of the contract
documents.
The engineer will review and approve shop drawings and samples with reasonable
promptness so as to minimize delay, but only for conformance with the design concept of
the contract and with the information given in the contract documents. The engineer's
approval of a separate item shall not indicate approval of an assembly in which the item
functions. The engineer will return the shop drawings transparency/sepia to the
contractor for his use and distribution.
The engineer's approval of shop drawings or samples shall not relieve the contractor of
responsibility for any deviation from the requirements .of the contract documents unless
the contractor has informed the engineer in writing of such deviation at the time of
submission and the engineer has given written approval to the specific deviation, nor shall
the engineer's approval relieve the contractor from responsibility for errors or omissions in
the shop drawings or samples.
No materials shall be ordered and no portion of the work requiring shop drawings or
sample submission shall be commenced until the submission has been approved by the
engineer. All such materials and portions of work shall be in accordance with approved
shop drawings and samples.
The contractor shall, when requested by the engineer in writing, submit additional shop
drawings to those required by the technical specifications or special provisions.
Prior to final acceptance of the work, the contractor shall deliver to the Engineer five (5)
complete sets of all maintenance manuals, parts lists, operating instructions and other
necessary documents required for all installed materials, equipment, or machinery. Such
documents shall be furnished concurrently with the installations of the respective
materials, equipment or machinery. All shop drawings submitted' by the contractor and
approved by the engineer become part of the contract documents.
END OF SECTION 60
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SECTION 70
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all federal
and state laws, all local laws, ordinances, and regulations and all orders and decrees of
bodies or tribunals having any jurisdiction or authority, which in any manner affect those
engaged or employed on the work, or which in any way affect the conduct of the work.
He shall at all times observe and comply with all such laws, ordinances, regulations,
orders, and decrees; and shall protect and indemnify the owner and all his/her officers,
agents, or servants against. any claim or liability arising from or based on the violation of
any such law, ordinance, regulation, order, or decree, whether by himself or his/her
employees.
70~2 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits
and licenses, pay all charges, fees, and taxes, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is
required or desires to use any design, device, material, or process covered by letters of
patent or copyright, he shall provide for such use by suitable legal agreement with the
patentee or owner. The Contractor and the surety shall indemnify and save harmless the
owner, any third party, or political subdivision from any and all claims for infringement by
reason of the use of any such patented design, device, material or process, or any
trademark or copyright, and shall indemnify the owner for any costs, expenses, and
damages which it may be obliged to pay by reason of an infringement, at any time during
the prosecution or after the completion of the work. '
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner
reserves the right to authorize the construction, reconstruction, or maintenance of any
public or private utility service, FAA or National Oceanic and Atmospheric Administration
(NOAA) facility, or a utility service of another government agency at any time during the
progress of the work.
The Contractor shall not permit any individual, firm, or corporation to excavate or
otherwise disturb such utility services or facilities located within the limits of the work
without the written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility
service of another government agency be authorized to construct, reconstruct, or
maintain such utility service or facility during the progress of the work, the Contractor shall
cooperate with such owners by arranging and performing the work in this contract so as
to facilitate such construction, reconstruction or maintenance by others whether or not
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such work by others is listed above. When ordered as extra work by the Owner, the
Contractor shall make all necessary repairs to the work which are due to such authorized
work by others, unless otherwise provided for in the contract, plans, or specifications. It is
understood and agreed that the Contractor shall not be entitled to make any claim for
damages due to such authorized work by others or for any delay to the work resulting
from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States
Governrnent has agreed to reimburse the owner for some portion of the contract costs.
Such reimbursement is made from time to time upon the owner's (sponsor's) request to
the FAA. In consideration of the United Sates Governmenrs (FAA's) agreement with the
owner, the owner has included provisions in this contract pursuant to the requirements of
the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain
to the work.
As required by the Act, the contract work is subject to the inspection and approval of duly
authorized representatives of the Administrator, FAA, and is further subject to those
provisions of the rules and regulations that are cited in the contract, plans, or
specifications.
No requirement of the Act, the rules and regulations implementing the Act, or this contract
shall be construed as making the Federal Government a party to the contract nor will any
such requirement interfere, in any way, with the rights of either party to the contract.
70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The C<;mtractor shall provide
and maintain in a neat, sanitary condition such accommodations for the use of his/her
employees as may be necessary to comply with the requirements of the state and local
Board of Health, or of other bodies or tribunals having jurisdiction, This shall include, but
not be limited to sheltered portable outdoor toilet facilities located near the construction
site or contractor staging area.
Attention is directed to Federal, state, and local laws, rules and regulations concerning
construction safety and health standards. The Contractor shall not require any worker to
work in surroundings or under conditions which are unsanitary, hazardous, or dangerous
to his/her health or safety and the Contractor shall assure that all work is carried out to
insure safety to all personnel on the project.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her
operations and those of his/her subcontractors and all suppliers, to assure the least
inconvenience to the traveling public. Under all circumstances, safety shall be the most
important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and
vehicular traffic with respect to his/her own operations and those of his/her subcontractors
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and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC
of Section 40 hereinbefore specified and shall limit such operations for the convenience
and safety of the traveling public as specified in the subsection titled LIMITATION OF
OPERATIONS of Section 80 hereinafter.
Additional Safety Requirements
1. Equipment not in use will be parked in areas designated by the resident
project representative at least 300 feet from the active runway and at least 200
feet from active taxiways and aprons. Working equipment closer than this to
active paved areas will be permitted only with specific permission and
coordination with the Airport Manager through the resident project
representative.
2. No excavation will be made closer than 50 feet to active paved areas except
with expressed _permission and coordination with Airport Manager through the
resident project representative. All such excavation left open overnight will be
adequately lighted with flashing lights as approved and directed by the
resident project representative. Open flame will not be permitted.
3. Where construction requires cutting of active roadways, taxiways, runways
and aprons; same shall have temporary barricades and flashing lights placed
at entrance as directed by the resident project representative.
70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor
shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards
necessary to protect the public and the work. When used during 'periods of darkness,
such barricades, warning signs, and hazard markings shall be suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain
barricades, warning signs, lights and other traffic control devices in reasonable conformity
with the Manual of Uniform Traffic Control Devices for Streets and Highways (published
by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such
area, the Contractor shall furnish, erect, and maintain temporary markings and associated
lighting conforming to the requirements of AC 150/5370-2C, Operational Safety on
Airports During Construction.
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.
70-3
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.
Construction Activity and Aircraft Movements
(1) For construction activity to be performed in other than active operational areas,
the storage and parking of equipment and materials, when not in use or about
to be installed, shall not encroach upon active operational areas. In protecting
operational areas, the minimum clearances maintained for runways shall be in
agreement with Part 77 of the Federal Aviation Regulations.
(2) Because of frequent necessity to accomplish construction within areas defined
by FAR Part 77, while aircraft operations are in progress, the following
distances from runway, taxiway edge and runway approach area may be
authorized' by the engineer due to construction activity.
Distance from runway edge
i Distance from taxiway edge
Runway approach areas
150 feet
47.5 feet
20:1 slope
The presence of construction equipment, rough grades, or open excavation in excess of 4
inches deep within the above areas, shall require closure of the operation area and such
closure must be approved in advance by the engineer. Details on necessary procedures
for marking and lighting runway and taxiway closures may be found in AC 150/5340-1 E.
Warning signs should have flashing lights and be located in taxi areas in advance of the
construction site.
Limitation on Construction
(1) Open-flame welding or torch cutting operations shall be prohibited unless
adequate fire and safety precautions are provided.
(2) Open trenches, excavations and stockpiled material at the construction site
should be prominently marked with red flags and lighted by light units
acceptable to the engineer during hours of restricted visibility and/or darkness.
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(3) Stockpiled material shall be constrained in a manner to prevent movement
resulting from aircraft blast or wind conditions in excess of 10 knots.
Motorized Vehicles.
(1) When any vehicle other than those routinely used in the aircraft movement
area and runway approach area is required to travel over any portion of that
area, it should be escorted by a vehicle properly identified to operate in the
area or provided with a flag on a staff so attached to the vehicle so that the
flag will be readily visible. The flag should be not less than 3 feet square
consisting of a checkered pattern of international orange and white squares of
not less than 1 foot on each side and displayed in full view above the vehicle.
A flag or escort vehicle is not required for vehicles which have been painted,
marked and lighted for routine use on aircraft movement areas. Any vehicle
operating on the movement area during the hours of darkness should be
equipped with a flashing dome-type light, the color to be in accordance with
local and/or state codes_ If the airport has a security plan, all such
identification and control shall be in compliance with the security plan.
(2) Vehicular traffic crossing active movement areas must be controlled either by
two-way radio with the FaD, by escort, flagmen, signal light such means to be
approved by the engineer. The clearance shall be confirmed by the driver's
personal observation that no aircraft is approaching his position.
(3) It may be required to clearly identify the vehicles for control purposes by either
assigned initials or numbers prominently displayed on each side. The.
identifying symbols, if required, shall be of 8-inch minimum, block type
characters of a color easily read. They may be applied by use of tape or water
soluble paint to facilitate removal. In addition, all ve~icles must display the
identification media as specified in the approved airport security plan, if
applicable.
Debris. Waste and loose material capable of causing damage to aircraft landing gear,
propellers or being ingested in jet engines shall not be placed on active aircraft movement
areas. Material tracked on these areas shall be removed continuously during the work.
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 required to obtain a blasting
permit from the City Fire Department, but the permit fee will be waived. The Contractor
shall be responsible for all damage resulting from the use of explosives.
All explosives shall be stored' in a secure manner in compliance with all laws and
ordinances, and all such storage places shall be clearly marked. Where no local laws or
ordinances apply, storage shall be provided satisfactory to the Engineer and, in general,
70-5
70-6
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not closer than 1,000 feet (300 rn) from the work or from any building, road, or other place
of human occupancy.
The Contractor shall notify each property owner and public utility company having
structures or facilities in proximity to the site of the work of his/her intention to use
explosives. Such notice shall be given sufficiently in advance to enable them to take
such steps as they may deem necessary to protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m)
of the airport property, unless specifically approved by the Owner.
70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private property, and
shall protect carefully from disturbance or damage all land monuments and property
markers until the Engineer has witnessed or otherwise referenced their location and shall
not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any character,
during the prosecution of the work, resulting from any act, omission, neglect, or
misconduct in his/her manner or method of executing the work, or at any time due to
defective work or materials, and said responsibility will not be released until the project
shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property
by or on account of any. act, omission, neglect, or misconduct in the execution of the
work, or in consequence of the nonexecution thereof by the Contra,ctor, he shall restore,
at his/her own expense, such property to a condition similar or equal to that existing
before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as
may be directed, or he shall make good such damage or injury in a,n acceptable manner.
70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The contractor shall forever
indemnify and forever hold harmless the engineer and the owner (as well as their
respective past, present and future members, officers, employees, agents, shareholders,
if any, directors, if any, successors, assigns, heirs and representatives) for any and all
expenses (including but not limited to attorneys fees), costs, causes of action, claims,
demands, settlements and judgments arising out of or due or related in whole or in part to
any breach of this contract, or any negligence of the contractor or any of his
subcontractors of whatever tier, or the performance of this contract, or any infringement of
a patent, trademark or copyright. As additional protection for the owner, any monies due
the contractor pursuant to this contract may be withheld by the owner pending the
resolution of, or the payment of, any such expense, cost, cause of action, claim, demand,
settlement or judgment. The obligation of the contractor as set forth in this paragraph
shall not be deemed to be reduced, waived or modified in any respect by reason of any
insurance or bond provided by the contractor pursuant to this contract and especially
pursuant to this subsection 70-11.
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The insurance to be maintained by the contractor must include, but is not necessarily
limited to, the insurance required by the provisions of this subsection 70-11. The
contractor shall require each subcontractor of whatever tier to maintain and furnish him
with satisfactory evidence of adequate workers' compensation, employer's liability and
such other forms and amounts of insurance as the contractor deems appropriate;
, provided that the maintaining and furnishing of insurance by any subcontractor shall not
be deemed to reduce, waiver or modify any of the obligations of the contractor as set
forth in this subsection 70-11.
The contractor shall secure and maintain, during the life of this contract, such Public
Liability Insurance as shall protect him and all subcontractors of every tier from claims for
damages for personal injury, including but not limited to accidental death, as well as from
claims for property damage arising out of all operations under the contract, whether such
operations be by himself or by all subcontractors or by any of them or any combination of
them or by anyone directly or indirectly employed by any of them.
The contractor shall maintain at least the following insurance:
"X", "C", and "U" Hazards; Owner's Protective Liability; Contractor's Protective
Liability; Personal Injury (all insuring agreements) deleting the employee
exclusion; Broad Form Property Damage, including completed operations - to
modify care, custody, or control exclusion; and Contractual Liability - required
when a hold harmless agreement has been signed.
The amounts of such insurance shall be in at least the limits as set forth below:
1. Workers' Compensation and Employer's Liability Insurance affording (a)
protection under The Workers' Compensation Act of the state in which the
work is performed and workers' compensation acts of any other states in
which any of the work is performed, and (b) Employer's liability Protection
subject to a minimum of $100,000.
2. Comprehensive General Liability Insurance including XCU coverages in an
amount of not less than $1,000,000 per occurrence. This insurance shall
include contractual coverage in the amount of not less than $1,000,000 and
completed operations coverage in the amount of not less than $1,000,000.
3.
Comprehensive Auto liability Insurance covering owned, hired and nonowned
vehicles in the amount of not less than $1,000,000 per occurrence.
4. The contractor shall be responsible for and shall maintain such insurance as
will fully protect the owner from liability for damages for personal injury,
including but not limited to death, which may arise from operations under this
contract. Limits of coverage required for this insurance shall be in the amount
70-7
70-8
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of not less than $1,000,000 CSL, and shall be in addition to the liability limits
. required above.
5. In respect to the Comprehensive General Liability Insurance, the
Comprehensive Auto Liability Insurance and the owner's protective liability
insurance, excess coverage in an amount of not less than $1,000,000 to
include bodily injury and property damage.
All of the above policies name the contractor and the owner and its past, present and
future members, officers, employees and agents as insureds, and they shall be written
through insurance carriers which are qualified to do business in the state in which the
work is performed.
On or before the date on which the contractor signs this contract, the contractor shall
deliver to the owner certificates of the above insurance coverage for review and approval.
If the owner does not approve any certificate, a modified certificate must be submitted to
and approved by the owner prior to the commencement of any work.
In the event an insurance carrier should terminate or modify any of the above insurance
coverages, the contractor shall immediately contract with another insurance carrier to
provide the requisite coverage and shall immediately deliver to the owner for review and
approval a replacement certificate. If the owner does not approve a certificate, a modified
certificate must be submitted to the owner for its consideration.
All certificates must affirmatively state without any disclaimer or limitation whatsoever that
the coverage or coverages referred to therein shall not and cannot be terminated or
modified until the owner has received thirty days written notice thereof.
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 of the contract work for the beneficial occupancy of
the owner prior to completion of the entire contract, such "phasing" of the work shall be
specified herein and indicated on the plans. When so specified, the Contractor shall
complete such portions of the work on or before the date specified or as otherwise
specified. The Contractor shall make his/her own estimate of the difficulties involved in
arranging his/her work to permit such beneficial occupancy by the owner.
Upon cornpletion of any portion of the work listed above, such portion shall be accepted
by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section
50.
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No portion of the work may be opened by the Contractor for public use until ordered by
the Engineer in writing. Should it become necessary to open a portion of the work to
public traffic on a temporary or intermittent basis, such openings shall be made when, in
the opinion of the Engineer, such portion of the work is in an acceptable condition to
support the intended traffic. Temporary or intermittent openings are considered to be
. inherent in the work and shall not constitute either acceptance of the portion of the work
so opened or a waiver of any provision of the contract. Any damage to the portion of the
work so opened that is not attributable to traffic which is permitted by the owner shall be
repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in
completing the work under the conditions herein described and shall not claim any added
compensation by reason of delay or increased cost due to opening a portion of the
contract work.
70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final
written acceptance of the entire completed work, excepting only those portions of the
work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50, the Contractor shall have the charge and care thereof and shall take every
precaution against injury or damage to any part due to the action of the elements or from
any other cause. The Contractor shall rebuild, repair, restore, and make good all injuries
or damages to any portion of the work before final acceptance and shall bear the expense
thereof except damage to the work due to unforeseeable causes beyond the control of
and without the fault or negligence of the Contractor, including but not restricted to acts of
God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic
phenomenon of nature, or acts of the public enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for
the work and shall take such precautions necessary to prevent damage to the work. The
Contractor shall provide for normal drainage and shall erect necessary temporary
structures, signs, or other facilities at his/her expense. During such period of suspension
of work, the Contractor shall properly and continuously maintain in an acceptable growing
condition all living material in newly established planting, seedings, and soddings
furnished under his/her contract, and shall take adequate precautions to protect new tree
growth and other important vegetative growth against injury.
70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES
OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES
DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner
of any public or private utility service, FAA or NOAA, or a utility service of another
government agency that may be authorized by the owner to construct, reconstruct or
maintain such utility services or facilities during the progress of the work. In addition, the
Contractor shall control his/her operations to prevent the unscheduled interruption of such
utility services and facilities.
70-9
70-10
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To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the
contract work, the approximate locations have been indicated on the plans and the
owners are identified.
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
structures that may be shown on the plans or encountered in the work. Any inaccuracy or
omission in such information shall not relieve the Contractor of his/her responsibility to
protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the
contract, notify the owners of all utility services or other facilities of his/her plan of
operations. Such notification shall be in writing addressed to THE PERSON TO
CONTACT ''-as provided hereinbefore in this subsection and the subsection titled
RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of
each notification shall be given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the
responsibility of the Contractor to keep such individual owners advised of changes in
his/her plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or facility,
the Contractor shall again notify each such owner of his/her plan of operation. If, in the
Contractor's opinion, the owner's presence or a representative of th~ 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 prio~ to the Contractor's
commencement of operations in such general vicinity. The Contractor shall furnish a
written summary of the notification to the Owner.
The Contractor's failure to give the two .day's notice hereinabove provided shall be cause
for the Owner to suspend the Contractor's operations in the general vicinity of a utility
service or facility.
Where the outside limits of an underground utility service have been located and staked
on the ground, the Contractor shall be required to use excavation methods necessary to
prevent damage within 3 feet (90 cm) of such outside limits at such points as may be
required to ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall irnmediately 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
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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 of the owner. It is understood that
in such matters they act solely as agents and representatives of the owner.
70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner and
engineer will expeditiously make final inspection and notify the Contractor of final
acceptance. Such final acceptance, however, shall not preclude or estop the owner from
correcting any measurement, estimate, or certificate made before or after completion of
the work, nor shall the owner be precluded or stopped from recovering from the
Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure
on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on
the part of the owner of any breach of any part of the contract shall not be held to be a.
waiver of any other or subsequent breach. '
The Contractor, without prejudice to the terms of the contract, shall be liable to the owner
for latent defects, fraud, or such gross mistakes as may amount 'to fraud, or as regards
the owner's rights under any warranty or guaranty.
70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal,
state, and local laws and regulations controlling pollution of the environment. He shall
take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs
with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of
the atmosphere from particulate and gaseous matter.
Tree clearing shall be held to the minimum required for the specific improvements. All
commercially marketable timber, pulpwood or other wood products shall be sold, hauled
off and processed at existing plants. The remnants shall be given to the general public if
anyone finds them useful enough to haul off. The contractor shall not be allowed to use
burning as a method of clearing the site of small vegetative growth. No burning of any
type will be permitted.
70-11
70-12
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AIR POLLUTION CONTROLS.
(a) Common construction operations which may cause excessive dust include:
(1) Quarry drilling and rock crushing.
(2) Clearing, grubbing, and stripping.
(3) Excavation and placement of embankment.
(4) Cement and aggregate handling.
(5) Cement or lime stabilization.
(6) Blasting.
(7) Use of haul roads,
(8) Sandblasting or grinding.
(b) Other construction items which may cause air pollution area;
(1) Volitiles escaping from asphalt and cutback materials.
(2) Use of herbicides or fertilizer.
(3) Smoke from asphalt plants or from heater/planers.
(c) Control of dust and other air pollutants shall be the responsibility of the
contractor and may include:
(1) Drilling apparatus equipped with water or ch~mical dust controlling
systems.
(2) Exposing the minimum area of land.
(3) Applying temporary mulch with or without se~ding.
(4) Use of water sprinkler trucks.
(5) Use of covered haul trucks.
(6) Use of stabilizing agents in solution.
(7) Use of dust palliatives and penetration asphalt on temporary roads.
(8) Use of wood chips in traffic and work areas.
(9) Use of vacuum-equipped sandblasting systems.
(10) Use of plastic sheet coverings.
(11) Restricting the application rate of herbicides to recommended
dosage. Materials shall be covered and protected from the
elements. Application equipment and empty containers shall not
be rinsed and discharged so as to pollute a stream, etc., or the
ground water.
(12) Bituminous mixing plants shall be equipped with a dust collector, to
waste or return uniformly to the hot elevator all or any part of the
material collected.
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(13) Delay of operations until climate or wind conditions dissipate or
inhibit the potential pollutants in a manner satisfactory to the
engineer.
PERMANENT AND TEMPORARY WATER POLLUTION CONTROL (SOIL EROSION).
(a) Construction shall include temporary pollution control measures to ensure that
soil erosion which might cause water pollution is kept to a minimum. Such measures may
consist of construction of berms, dikes, dams, drain, and sediment basins, or use of fiber
mats, woven plastic filter cloths, gravel, mulches, ~uick growing grasses, sod, bituminous
spray, and other erosion control devices or methods.
(1) At the preconstruction conference, the contractor shall be
required to submit, for acceptance, his schedules for accomplishment of temporary
erosion and pollution control work. He shall also submit, for acceptance, his areas and
his plan for disposal of waste materials or erosion control details for other potential
sources of pollution.
(2) The contractor shall be required to complete all permanent
erosion control features at the earliest practicable time. Temporary pollution control
measures shall be used to correct unforseen conditions that occur during construction or
those that are needed prior to completion of permanent measures.
(3) If necessary, the engineer shall limit the surface area of
erodible earth material exposed by clearing and grubbing, excavation, or borrow and fill
operations. The amount of surface area of erodible earth at one time shall not exceed
750,000 square feet, unless otherwise approved by the engineer. '
(4) In the event that temporary erosion and pollution control
measures are required due to the contractor's negligence, careiessness, or failure to
install permanent controls in a timely manner, the contractor shall perform such work at
his own expense.
(5) In case of repeated failures on the part of the contractor to
control erosion/pollution, right shall be reserved to the owner to employ outside
assistance to provide the necessary corrective measures. Such incurred costs, plus
related costs, shall be charged to the contractor and appropriate deductions rnade from
the contractor's payments.
(6) The erosion control features installed by the contractor shall be
acceptably maintained by the contractor during the time that construction work is being
done.
OTHER WATER POLLUTION CONTROLS.
70-13
70-14
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(a) The contractor shall not be permitted frequent fording of live streams with
construction equipment; therefore, temporary bridges or other structures should be used
wherever such crossings adversely affect sediment levels and an appreciable number of
stream crossings are necessary.
(b) All waterways shall promptly be cleared by the contractor of falsework,
piling, debris, or other obstructions placed during construction work and not a part of the
finished work.
(c) Water from aggregate washing or other operations containing sediment
shall be treated by filtration, a settling basin or other means sufficient to reduce the
sediment content to not more than that of the stream, etc., into which it is discharged.
(d) Pollutants such as fuel, lubricants, bitumens, raw sewage, and other
harmful materials shall not be discharged into or near rivers, streams, and impoundments
or into natural or man made channels leading thereto. Wash water or waste from
concrete mixing or curing operations shall not be allowed to enter live streams, etc.
CONFLICT WITH OTHER CONTROLS.
(a) In the event of conflict between these requirements and pollution control
laws, rules, or regulations of other federal, state, or local agencies, the more restrictive
laws, rules, or regulations should apply.
(b) Some states, municipalities, and pollution control authorities have very
specific regulations for air and water pollution controls. For information, note that these
may include requirements for:
(1 ) Use of smoke density charts.
(2) Measurement of weight and density (micrograms per cubic meter of
air) of suspended particulate.
(3) Differentiation between allowable particulate limits by land use,
such as residential, commercial, or industrial.
(4) Permissible weights of emission in pounds/hour versus
pounds/hour of material processed.
(5) Open burning.
(6) Dust collection systems for asphalt plants.
(7) Erosion control measures.
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.
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Should the Contractor encounter, during his/her operations, any building, part of a
building, structure, or object which is incongruous with its surroundings, he shall
immediately cease operations in that location and notify the Engineer.
The Engineer will immediately investigate the Contractor's finding and will direct the
Contractor to either resume his/her operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect
an archaeological or historical finding, or order the Contractor to perform extra work, such
shall be covered by an appropriate contract modification (change order or supplemental
agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the
subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of
Section 90. If appropriate, the contract modification shall include an extension of contract
time in accordance with the subsection titled DETERMINATION AND EXTENSION OF
CONTRACT TIME of Section 80.
70-21 REVIEW OF RECORDS The contractor shall allow the owner to inspect all payroll
records, invoices for materials, book of accounts and other relevant records pertinent to
the contract both during the performance of the contract and for a period of five years
thereafter.
END OF SECTION 70
70-15
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor
on the work. The Contractor shall at all times when work is in progress be represented
. either in person, by a qualified superintendent, or by other designated, qualified
representative who is duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract or any part thereof, said assignment
shall be concurred in by the surety, shall be presented for the consideration and approval
of the owner, and shall be consummated only on the written approval of the owner. In
case of approval, the Contractor shall file copies of all subcontracts with the Engineer.
80-02 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 in the written notice to proceed, but in any event, the
Contractor shall notify the Engineer at least 24 hours in advance of the time actual
construction operations will begin.
80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor
shall submit his/her progress schedule for the Engineer's approval within 10 days after
the effective date of the notice to proceed. The Contractor's progress schedule, when
approved by the Engineer, may be used to establish major construction operations and to
check on the progress of the work. The Contractor shall provide sufficient materials,
equipment, and labor to guarantee the completion of the project in' accordance with the
plans and specifications within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall.
upon the Engineer's request, submit a revised schedule for completion of the work within
the contract time and modify his/her operations to provide such additional materials,
equipment, and labor necessary to meet the revised schedule. Should the prosecution of
the work be discontinued for any reason, the Contractor shall notify the Engineer at least
24 hours in advance of resuming operations.
For AlP contracts, the Contractor shall not commence any actual construction prior to the
date on which the notice to proceed is issued.
80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations
and the operations of his/her subcontractors and all suppliers so as to provide for the free
and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport.
80-1
80-2
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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 the owner
(through the Engineer) at least 48 hours prior to commencement of such work. The
Contractor shall not close an AIR OPERATIONS AREA until so authorized by the
Engineer and until the necessary temporary marking and associated lighting is in place as
provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD
MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS
AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR
OPERATIONS AREA), the Contractor shall maintain constant communications as
hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS
AREA; immediately obey all instructions to resume work in such AIR OPERATIONS
AREA. Failure to maintain the specified communications or to obey instructions shall be
cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until
the satisfactory conditions are provided.
Detailed information of opening and closing the AIR OPERATIONS AREA of the airport is
contained in the Project Special Provisions.
The contractor shall not commence work that would be prejudicial to work already started.
80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor
shall, at all times, employ sufficient labor and equipment for prosecuting the work to full
completion in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient
experience in such work and in the operation of the equipment r!3quired to perform the
work satisfactorily.
Any person employed by the contractor or by any subcontractor who, in the opinion of the
owner, does not perform his work in a proper and skillful manner or is intemperate or
disorderly shall, at the written request of the owner, be removed forthwith by the
contractor or subcontractor employing such person, and shall not be employed again in
any portion of the work without the approval of the owner.
Should the contractor fail to remove such person or persons or fail to furnish suitable and
sufficient personnel for the proper prosecution of the work, the owner may suspend the
work by written notice until compliance with such orders.
All equipment which is proposed to be used on the work shall be of sufficient size and in
such mechanical condition as to meet the requirements of the work and to produce a
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satisfactory quality of work. Equiprnent used on any portion of the work shall be such that
no injury to previously completed work, adjacent property, or existing airport facilities will
result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the
work are not prescribed in the contract, the Contractor is free to use any methods or
. equipment that will accomplish the work in conformity with the requirements of the
contract, plans, and specifications.
When the contract specifies the use of certain methods and equipment, such methods
and equipment shall be used unless others are authorized by the Engineer. If the
Contractor desires to use a method or type of equipment other than specified in the
contract, he may request authority from the Engineer to do so. The request shall be in
writing and shall include a full description of the methods and equipment proposed and of
the reasons for desiring to make the change. If approval is given, it will be on the
condition that the Contractor will be fully responsible for producing work in conformity with
contract requirements. If, after trial use of the substituted methods or equipment, the
Engineer determines that the work produced does not meet contract requirements, the
Contractor shall discontinue the use of the substitute method or equipment and shall
complete the remaining work with the specified methods and equipment. The Contractor
shall remove any deficient work and replace it with work of specified quality, or take such
other corrective action 'as the Engineer may direct. No change will be made in basis of
payment for the contract items involved nor in contract time as a result of authorizing a
change in methods or equipment under this subsection.
80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer, acting for the
Owner, shall have the authority to suspend the work wholly, or in part, for such period or
periods as he may deem necessary, due to unsuitable weather, or such other conditions
as are considered unfavorable for the prosecution of the work, or for such time as is
necessary due to the failure on the part of the Contractor to carry out orders given or
perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Engineer, acting for the Owner, in
writing, to suspend work for some unforeseen cause not otherwise provided for in the
contract and over which the Contractor has no control, the Contractor may be reimbursed
for actual money expended on the work during the period of shutdown. No allowance will
be made for anticipated profrts. The period of shutdown shall be computed from the
effective date of the order to suspend work to the effective date of the order to resume the
work. Claims for such compensation shall be filed with the Engineer within the time
period stated in the 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
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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 to aircraft
traffic, be damaged or cause deterioration of the work performed and provide for normal
drainage of the work. The Contractor shall erect temporary structures where necessary
to provide for traffic on, to, or from the airport.
80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of
calendar days allowed for completion of the work shall be stated in the proposal and shall
be known as the CONTRACT TIME.
The CONTRACT TIME shall consist of the number of calendar days stated in the
proposal 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, acting for the Owner, to suspend and resume
all work, due to causes not the fault of the Contractor, shall be excluded.
If the Contractor finds it impossible for reasons beyond his/her control to complete the
work within the contract time as specified, or as extended in accordance with the
provisions of this section, he may, at any time prior to the expiration of the contract time
as extended, make a written request to the Owner for an extension of time setting forth
the reasons which he believes will justify the granting of his/her request. The Contractor's
plea that insufficient time was specified is not a valid reason for extension of time. If the
Owner finds that the work was delayed because of conditions beyond the control and
without the fault of the Contractor, he may extend the time for completion in such amount
as the conditions justify. The extended time for completion shall t~en be in full force and
effect, the same as though it were the original time for completion.
80-08 FAILURE TO COMPLETE ON TIME. Time is of the essence of this contract.
Certain airport facilities will be unusable while the contract is in progress and the owner
could experience a loss of revenues. The owner is willing to accept the loss of revenue
as part of the cost of making the needed improvements, up to the time specified for
completion of the work. However, for each calendar day that any part of the work
remains uncompleted after the date stipulated for completion of the work in the contract,
or as extended by additional work or materials ordered after the contract is signed, the
sum shown in the proposal shall be deducted from any monies 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 are to
cover liquidated damages to the owner incurred by additional and other expenses and
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loss of revenues due to the failure of the contractor to complete the work or any part of
the work within the time specified.
Permitting the contractor to continue and finish the work or any part of it after the time
fixed for its completion, or after the date to which the time for completion may have been
extended, will in no way operate as a waiver on the part of the owner of any of its rights
under the contract.
80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be
considered in default of his/her contract and such default will be considered as cause for
the owner to terminate the contract for any of the following reasons if the Contractor:
a. Fails to begin the work under the contract within the time specified in the
"Notice to Proceed," or
b. Fails to perform the work or fails to provide sufficient workers, equipment or
materials to assure completion of work in accordance with the terms of the contract, or
c. Performs the work unsuitably or neglects or refuses to remove materials or
to perform anew such work as may have been rejected as unacceptable and unsuitable,
or
d. Discontinues the prosecution of the work, or
e. Fails to resume work which has been discontinued within a reasonable time
after notice to do so, or
f. Becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy or insolvency, or
g. Allows any final judgment to stand against him unsatisfied for a period of 10
days, or
h. Makes an assignment for the benefit of creditors, or
i. For any other cause whatsoever, fails to carry on the work in an acceptable
rnanner.
Should the Owner consider the Contractor in default of the contract for any reason
hereinbefore, he shall immediately give written notice to the Contractor and the
Contractor's surety as to the reasons for considering the Contractor in default and the
owner's intentions to terminate the contract.
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If the Contractor or surety, within a period of 10 days after such notice, does not proceed
in accordance therewith, then the owner will, upon written notification from the Engineer
of the facts of such delay, neglect, or default and the Contractor's failure to comply with
such notice, have full power and authority without violating the contract, to take the
prosecution of the work out of the hands of the Contractor. The owner may appropriate
or use any or all materials and equipment that have been mobilized for use in the work
and are acceptable and may enter into an agreement for the completion of said contract
according to the terms and provisions thereof, or use such other methods as in the
opinion of the Engineer will be required for the completion of said contract in an
acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the work
under contract, will be deducted from any monies due or which may become due the
Contractor. If such expense exceeds the sum which would have been payable under the
contract, then the Contractor and the surety shall be liable and shall pay to the owner the
amount of such excess.
80-10 TERMINA liON FOR NA llONAL EMERGENCIES. The owner shall terminate the
contract or portion thereof by written notice when the Contractor is prevented from
proceeding with the construction contract as a direct result of an Executive Order of the
President with respect to the prosecution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of
work in the contract, payment will be made for the actual number of units or items of work
completed at the contract price or as mutually agreed for items of work partially
completed or not started. No claims for loss of anticipated profits sh~1I be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not
otherwise included in the contract) and moving equipment and materials to and from the
job will be considered, the intent being that an equitable settlement will be made with the
Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not
incorporated in the work shall, at the option of the Contractor, be purchased from the
Contractor at actual cost as shown by receipted bills and actual cost records at such
points of delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall neither relieve the Contractor of
his/her responsibilities for the completed work nor shall it relieve his/her surety of its
obligation for and concerning any just claim arising out of the work performed.
END OF SECTION 80
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GENERAL PROVISIONS
SECTION 90
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES All work completed under the contract will
be measured by the Engineer, or his/her authorized representatives, using United
States Customary Units of Measurement or the International System of Units.
The method of measurement and computations to be used in determination of
quantities of material furnished and of work performed under the contract will be those
methods generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be
made horizontally, and no deductions will be made for individual fixtures (or leave-outs)
having an area of 9 square feet or less. Unless otherwise specified, transverse
measurements for area computations will be the neat dimensions shown on the plans
or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to
fit field conditions.
Unless otherwise specified, all contract items which are measured by the linear foot
such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be
measured parallel to the base or foundation upon which such items'are placed.
In computing volumes of excavation the average end area method or other acceptable
methods will be used. '
The thickness of plates and galvanized sheet used in the manufacture of corrugated
metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified
and measured in decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All
materials which are measured or proportioned by weights shall be weighed on
accurate, approved scales by competent, qualified personnel at locations designated by
the Engineer. If material is shipped by rail, the car weight may be accepted provided
that only the actual weight of material 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.
90-1
Materials to be measured by volume in the hauling vehicle shall be hauled in approved
vehicles and measured therein at the point of delivery. Vehicles for this purpose may
be of any size or type acceptable to the Engineer, provided that the body is of such
shape that the actual contents may be readily and accurately determined. All vehicles
shall be loaded to at least their water level capacity, and all loads shall be leveled when
the vehicles arrive at the point of delivery.
When requested by the Contractor and approved by the Engineer in writing, material
specified to be measured by the cubic yard may be weighed, and such weights will be
converted to cubic yards for payment purposes. Factors for conversion from weight
measurement to volume measurement will be determined by the Engineer and shall be
agreed to by the Contractor before such method of measurement of pay quantities is
used.
Bituminous materials will be measured by the gallon or ton. When measured by
volume, such volumes will be measured at 600 F or will be corrected to the volume at
600 Fusing ASTM D 4311 for asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail
shipments will be used as a basis of measurement, subject to correction when
bituminous material has been lost from the car or the distributor, wasted, or otherwise
not incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by
volume, subject to correction for loss or foaming, may be used for computing quantities.
Cement will be measured by the ton or hundredweight.
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually
incorporated in the structure. Measurement will be based on nominal widths and
thicknesses and the extreme length of each piece.
The term "lump sum" when used as an item of payment will mean complete payment
for the work described in the contract.
When a complete structure or structural unit (in effect, "lump sum" work) is specified as
the unit of measurement, the unit will be construed to include all necessary fittings and
accessories.
Rental of equipment will be measured by time in hours of actual working time and
necessary traveling time of the equipment within the limits of the work. Special
equipment ordered by the Engineer in connection with force account work will be
measured as agreed in the change order or supplemental agreement authorizing such
force account work as provided in the subsection titled PAYMENT FOR EXTRA AND
FORCE ACCOUNT WORK of this section.
90-2.
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When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and
paid for by weight shall be furnished, erected, and maintained by the Contractor, or be
certified permanently installed commercial scales.
Scales shall be accurate within one-half percent of the correct weight throughout the
range of use. The Contractor shall have the scales checked under the observation of
the inspector before beginning work and at such other times as requested. The
intervals shall be uniform in spacing throughout the graduated or marked length of the
beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity
of the scale, but not less than 1 pound. The use of spring balances will not be
permitted.
Bearns, 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 of the project.
When the estimated quantities for a specific portion of the work are designated as the
pay quantities in the contract, they shall be the final quantities for which payment for
such specific portion of the work will be made, unless the dimensions of said portions of
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the work shown on the plans are revised by the Engineer. If revised dimensions result
in an increase or decrease in the quantities of such work, the final quantities for
payment will be revised in the amount represented by the authorized changes in the
dimensions.
90-02 SCOPE OF PAYMENT The Contractor shall receive and accept compensation
. provided for in the contract as full payment for furnishing all materials, for performing all
work under the contract in a complete and acceptable manner, and for all risk, loss,
damage, or expense of whatever character arising out of the nature of the work or the
prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF
LEGAL RIGHTS of Section 70.
When the "basis of payment" subsection of a technical specification requires that the
contract price (price bid) include compensation for certain work or material essential to
the item, this same work or material will not also be measured for payment under any
other contract item which may appear elsewhere in the contract, plans, or
specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES When the accepted quantities
of work vary from the quantities in the proposal, the Contractor shall accept as payment
in full, so far as contract items are concerned, payment at the original contract price for
the accepted quantities of work actually completed and accepted. No allowance,
except as provided for in the subsection titled ALTERATION OF WORK AND
QUANTITIES of Section 40 will be made for any increased expense, loss of expected
reimbursement, or loss of anticipated profits suffered or claimed by the Contractor
which results directly from such alterations or indirectly -from, his/her unbalanced
allocation of overhead and profit among the contract items, or frC?m any other cause.
90-04 PAYMENT FOR OMITTED ITEMS As specified in, the subsection titled
OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work
(order nonperformance) any contract item, except major contract items, in the best
interest of the Owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such
item from the work, the Contractor shall accept payment in full at the contract prices for
any work actually completed and acceptable prior to the Engineer's order to omit or
nonperform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the
date of the Engineer's order will be paid for at the actual cost to the Contractor and shall
thereupon become the property of the owner.
In addition to the reimbursenient hereinbefore provided, the Contractor shall be
reimbursed for all actual costs incurred for the purpose of performing the omitted
contract item prior to the date of the Engineer's order. Such additional costs incurred
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by the Contractor must be directly related to the deleted contract item and shall be
supported by certified statements by the Contractor as to the nature and the amount of
such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK Extra work,
performed in accordance with the subsection titled EXTRA WORK of Section 40, will be
,paid for at the contract prices or agreed prices specified. in the change order or
supplemental agreement authorizing the extra work. When the change order or
supplemental agreement authorizing the extra work requires that it be done by force
account, such force account shall be measured and paid for based on expended labor,
equipment, and materials plus a negotiated and agreed upon allowance for overhead
and profit.
a. Miscellaneous No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no specific
allowance is herein provided.
b. Comparison of Record The Contractor and the Engineer shall compare records
of the cost of force account work at the end of each day. Agreement shall be
indicated by signature of the Contractor and the Engineer or their duly authorized
representatives.
c. Statement No payment will be made for work performed on a force account
basis until the Contractor has furnished the Engineer with duplicate itemized
statements of the cost of such force account work detailed as follows:
(1) Name, classification, date, daily hours, total hours, rate and extension for
each laborer and foreman. .
(2) Designation, dates, daily hours, total hours, rental rate, and extension for
each unit of machinery and equipment.
(3) Quantities of materials, prices, and extensions.
(4) Transportation of materials.
(5) Cost of property damage, liability and workman's compensation insurance
premiums, unemployment insurance contributions, and social security tax.
Statements shall be accompanied and supported by a receipted invoice for all materials
used and transportation charges. However, if materials used on the force account work
are not specifically purchased for such work but are taken from the Contractor's stock,
then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such
materials were taken from his/her stock, that the quantity claimed was actually used,
and that the price and transportation claimed represent the actual cost to the
Contractor.
90-06 PARTIAL PAYMENTS Partial payments will be made at least once each month
as the work progresses. Said payments will be based upon estimates prepared by the
Engineer of the value of the work performed and materials complete in place in
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accordance with the contract, plans, and specifications. Such partial payments may
also include the delivered actual cost of those materials stockpiled and stored in
accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this
section.
No partial payment will be made when the amount due the Contractor since the last
estimate amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent
of such total amount will be deducted and retained by the Owner until the final payment
is made, except as may be provided (at the Contractor's option) in the subsection titled
PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the
amount payable, less all previous payments, shall be certified for payment. Should the
Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF
WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted.
When not less than 95 percent of the work has been completed the Engineer may, at
his/her discretion and with the consent of the surety, prepare an estimate from which
will be retained an amount not less than twice the contract value or estimated cost,
whichever is greater, of the work remaining to be done. The remainder, less all
previous payments and deductions, will then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or
receive partial payment based on quantities of work in excess of those provided in the
proposal or covered by approved change orders or supplemental agreements, except
when such excess quantities have been determined by the Engin~er 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 ar:lY 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.
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c. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
d. The Contractor has furnished the Owner legal title (free of liens or encumbrances
of any kind) to the material so stored or stockpiled.
e. The Contractor has furnished the owner evidence that the material so stored or
stockpiled is insured against loss by damage to or disappearance of such
materials at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the Owner's payment for such
stored or stockpiled materials shall in no way relieve the Contractor of his/her
responsibility for furnishing and placing such materials in accordance with the
requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the
contract price for such materials or the contract price for the contract item in which the
material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant
materials.
The Contractor shall bear all costs associated with the partial payment of stored or
stockpiled materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS At the Contractor's option, he/she may.
request that the Owner accept (in lieu of the 10 percent retainage' on partial payments
described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's
deposits in escrow under the following conditions.
a. The Contractor shall bear all expenses of establishing and maintaining an
escrow account and escrow agreement acceptable to the Owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities
or bank certificates of deposit as are acceptable to the Owner and having a
value not less than the 10 percent retainage that would otherwise be withheld
from partial payment.
c. The Contractor shall enter into an escrow agreement satisfactory to the Owner.
d. The Contractor shall obtain the written consent of the surety to such agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT When the contract work has been
accepted in accordance with the requirements of the subsection titled FINAL
ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items
90-7
END OF SECTION 90
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of work actually performed. The Contractor shall approve the Engineer's final estimate
or advise the Engineer of his/her objections to the final estimate which are based on
disputes in measurements or computations of the final quantities to be paid under the
contract as amended by change order or supplemental agreement. The Contractor and
the Engineer shall resolve all disputes (if any) in the measurement and computation of
final quantities to be paid within 30 calendar days of the Contractor's receipt of the
. Engineer's final estimate. If, after such 30-day period, a dispute still exists, the
Contractor may approve the Engineer's estimate under protest of the quantities in
dispute, and such disputed quantities shall be considered by the Owner as a claim in
accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of
Section 50.
After the Contractor has approved, or approved under protest, the Engineer's final
estimate, final payment will be processed based on the entire sum, or the undisputed
sum in case of approval under protest, determined to be due the Contractor less all
previous payments and all amounts to be deducted under the provisions of the contract.
All prior partial estimates and payments shall be subject to correction in the final
estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of
the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or
under the provisions of this subsection, such claims will be considered by the Owner in
accordance with local laws or ordinances. Upon final adjudication of such claims, any
additional payment determined to be due the Contractor will be paid pursuant to a
supplemental final estimate.
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SECTION 100
CONTRACTOR QUALITY CONTROL PROGRAM
100-01 GENERAL. When the specifications require a Contractor Quality Control
Program, the Contractor shall establish, provide, and maintain an effective Quality
Control Program that details the methods and procedures that will be taken to assure
that all materials and completed construction required by this contract conform to
contract plans, technical specifications and other requirements, whether manufactured
by the Contractor, or procured from subcontractors or vendors. Although guidelines are
established and certain minimum requirements are specified herein and elsewhere in
the contract technical specifications, the Contractor shall assume full responsibility for
accomplishing the stated purpose.
The intent of this section is to enable the Contractor to establish a necessary level of
control that will:
a. Adequately provide for the production of acceptable quality materials.
b. Provide sufficient information to assure both the Contractor and the Engineer
that the specification requirements can be met.
c. Allow the Contractor as much latitude as possible to develop his or her own
standard of control.
The Contractor shall be prepared to discuss and present, at the preconstruction
conference, his/her understanding of the quality control requirements. The Contractor
shall not begin any construction or production of materials to be incorporated into the
completed work until the Quality Control Program has been reviewed by the Engineer.
No partial payment will be made for materials subject to specific quality control
requirements until the Quality Control Program has been reviewe~.
The quality control requirements contained in this section and elsewhere in the contract
technical specifications are in addition to and separate from the acceptance testing
requirements. Acceptance testing requirements are the responsibility of the Engineer.
100-02 DESCRIPTION OF PROGRAM.
a. General Description. The Contractor shall establish a Quality Control
Program to perform inspection and testing of all items of work required by the
technical specifications, including those performed by subcontractors. This
Quality Control Program shall ensure conformance to applicable
specifications and plans with respect to materials, workmanship, construction,
finish, and functional performance. The Quality Control Program shall be
effective for control of all construction work performed under this Contract
and shall specifically include surveillance and tests required by the technical
specifications, in addition to other requirements of this section and any other
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activities deemed necessary by the Contractor to establish an effective level
of quality control.
b. Quality Control Program. The Contractor shall describe the Quality Control
Program in a written document which shall be reviewed by the Engineer prior
to the start of any production, construction, or off-site fabrication. The written
Quality Control Program shall be submitted to the Engineer for review at least
5 calendar days before the start of work.
The Quality Control Program shall be organized to address, as a minimum, the
following items:
a. Quality control organization;
b. Project progress schedule;
c. Submittals schedule;
d. Inspection requirements;
e. Quality control testing plan;
f. Documentation of quality control activities; and
g. Requirements for corrective action when quality control and/or acceptance
criteria are not met.
The Contractor is encouraged to add any additional elements to the Quality Control
Program that he/she deems necessary to adequately control all production and/or
construction processes required by this contract.
100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control
Program shall be implemented by the establishment of a separate quality control
organization. An organizational chart shall be developed to show all quality control
personnel and how these personnel integrate with other management/production and
construction functions and personnel.
The organizational chart shall identify all quality control staff by name and function, and
shall indicate the total staff required to implement all elements of the Quality Control
Program, including inspection and testing for each item of work. If necessary, different
technicians can be utilized for specific inspection and testing functions for different
items of work. If an outside organization or independent testing laboratory is used for
implementation of all or part of the Quality Control Program, the personnel assigned
shall be subject to the qualification requirements of paragraph 100-03a and 100-03b.
The organizational chart shall indicate which personnel are Contractor employees and.
which are provided by an outside organization.
The quality control organization shall consist of the following minimum personnel:
a. Program Administrator. The-Program Administrator shall be a full-time employee of
the Contractor, or a consultant engaged by the Contractor. The Program
Administrator shall have a minimum of 5 years of experience in airport and/or
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highway construction and shall have had prior quality control experience on a
project of comparable size and scope as the contract.
Additional qualifications for the Program Administrator shall include at least 1 of the
following requirements:
(1) Professional engineer with 1 year of airport paving experience acceptable to
the 'Engineer.
(2) Engineer-in-training with 2 years of airport paving experience acceptable to
the Engineer.
(3) An individual with 3 years of highway and/or airport paving experience
acceptable to the Engineer, with a Bachelor of Science Degree in Civil
Engineering, Civil Engineering Technology or Construction.
(4) Construction materials technician certified at Level III by the National Institute
for Certification in Engineering Technologies (NICET).
(5) Highway materials technician certified at Level III by NICET.
(6) Highway construction technician certified at Level III by NICET.
(7) A NICET certified engineering technician in Civil Engineering Technology with
5 years of highway and/or airport paving experience acceptable to the
Engineer.
The Program Administrator shall have full authority to institute any and all actions
necessary for the successful implementation of the Quality Control Program to ensure
compliance with the contract plans and technical specifications. The Program
Administrator shall report directly to a responsible officer of the construction firm. The
Program Administrator may supervise the Quality Control Program on more than one
project provided that person can be at the job site within 2 hours after being notified of a
problem.
b. Quality Control Technicians. A sufficient number of quality control technicians
necessary to adequately implement the Quality Control Program shall be provided.
These personnel shall be either engineers, engineering technicians, or experienced
craftsman with qualifications in the appropriate field equivalent to NICET Level II or
higher construction materials technician or highway construction technician and
shall have a minimum of 2 years of experience in their area of expertise.
The quality control technicians shall report directly to the Program Administrator and
shall perform the following functions:
(1) Inspection of all materials, construction, plant, and equipment for
conformance to the technical specifications, and as required by Section 100-
06.
(2) Performance of all quality control tests as required by the technical
specifications and Section 100-07.
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Certification at an equivalent level, by a state or nationally recognized organization will
be acceptable in lieu of NICET certification.
c. Staffing Levels. The Contractor shall provide sufficient qualified quality control
personnel to monitor each work activity at all times. Where material is being
produced in a plant for incorporation into the work, separate plant and field
technicians shall be provided at each plant and field placement location. The
scheduling and coordinating of all inspection and testing must match the type and
pace of work activity. The Quality Control Program shall state where different
technicians will be required for different work elements.
100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a
coordinated construction schedule for all work activities. The schedule shall be
prepared as a network diagram in Critical Path Method (CPM), PERT, or other format,
or as otherwise specified in the contract. As a minimum, it shall provide information on
the sequence of work activities, milestone dates, and activity duration.
The Contractor shall maintain the work schedule and provide an update and analysis of
the progress schedule on a twice monthly basis, or as otherwise specified in the
contract. Submission of the work schedule shall not relieve the Contractor of overall
responsibility for scheduling, sequencing, and coordinating all work to comply with the
requirements of the contract.
100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all
submittals (e.g., mix designs, material certifications) and shop drawings required by the
technical specifications. The listing can be developed in a spreadsheet format and
shall include: .
a. Specification item number;
b. Item description;
c. Description of submittal;
d. Specification paragraph requiring submittal; and
e. Scheduled date of submittal.
100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be
organized to provide inspections for all definable features of work, as detailed below.
All inspections shall be documented by the Contractor as specified by Section 100-07.
Inspections shall be performed daily to ensure continuing compliance with contract
requirements until completion of the particular feature of work. These shall include the
following minimum requirements:
a. During plant operation for material production, quality control test results and
periodic inspections shall be. utilized to ensure the quality of aggregates and other
mix components, and to adjust and control mix proportioning to meet the approved
mix design and other requirements of the technical specifications. All equipment
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utilized in proportioning and mixing shall be inspected to ensure its proper operating
condition. The Quality Control Program shall detail how these and other quality
control functions will be accomplished and utilized.
b. During field operations, quality control test results and periodic inspections shall be
utilized to ensure the quality of all materials and workmanship. All equipment
utilized in placing, finishing, and compacting shall be inspected to ensure its proper
operating condition and to ensure that all such operations are in conformance to the
technical specifications and are within the plan dimensions, lines, grades, and
tolerances specified. The Program shall document how these and other quality
control functions will be accomplished and utilized.
100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control
Program, the Contractor shall implement a quality control testing plan, as required by
the technical specifications. The testing plan shall include the minimum tests and test
frequencies required by each technical specification Item, as well as any additional
quality control tests that the Contractor deems necessary to adequately control
production and/or construction processes. The testing plan can be developed in a
spreadsheet fashion and shall, as a minimum, include the following:
a. Specification item number (e.g., P-401);
b. Item description (e.g., Plant Mix Bituminous Pavements);
c. Test type (e.g., gradation, grade, asphalt content);
d. Test standard (e.g., ASTM or AASHTO test number, as applicable);
e. Test frequency (e.g., as required by technical speCifications or minimum
frequency when requirements are not stated);
f. Responsibility (e.g., plant technician); and
g. Control requirements (e.g., target, permissible deviations).
The testing plan shall contain a statistically-based procedure of random sampling for
acquiring test samples in accordance with ASTM 0 3665. The Engineer shall be
provided the opportunity to witness quality control sampling and testing.
All quality control test results shall be documented by the Contractor as required by
Section 100-08.
100-08 DOCUMENTATION. The Contractor shall maintain current quality control
records of all inspections and tests performed. These records shall include factual
evidence that the required inspections or tests have been performed, including type and
number of inspections or tests involved; results of inspections or tests; nature of
defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective
actions taken.
These records must cover both conforming and defective or deficient features, and
must include a statement that all supplies and materials incorporated in the work are in
1 00-5
(1) Technical specification item number and description;
(2) Test designation;
(3) Location;
(4) Date of test;
(5) Control requirements;
(6) Test results;
(7) Causes for rejection;
(8) Recommended remedial actions; and
(9) Retests.
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full compliance with the terms of the contract. Legible copies of these records shall be
furnished to the Engineer daily. The records shall cover all work placed subsequent to
the previously furnished records and shall be verified and signed by the Contractor's
Program Administrator.
Specific Contractor quality control records required for the contract shall include, but are
. not necessarily limited to, the following records:
a. Daily Inspection Reports. Each Contractor quality control technician shall maintain a
daily log of all inspections performed for both Contractor and subcontractor
operations on a form acceptable to the Engineer. These technician's daily reports
shall provide factual evidence that continuous quality control inspections have been
performed and shall, as a minimum, include the following:
(1) Technical specification item number and description;
(2) Compliance with approved submittals;
(3) Proper storage of materials and equipment;
(4) Proper operation of all equipment;
(5) Adherence to plans and technical specifications;
(6) Review of quality control tests; and
(7) Safety inspection.
The daily inspection reports shall identify inspections conducted, results of inspections,
location and nature of defects found, causes for rejection, and remedial or corrective
actions taken or proposed.
The daily inspection reports shall be signed by the responsible quality control technician
and the Program Administrator. The Engineer shall be provided at least one copy of
each daily inspection report on the work day following the day of record.
b. Daily Test Reports. The Contractor shall be responsible for establishing a system
which will record all quality control test results. Daily test reports shall document the
following information:
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Test results from each day's work period shall be submitted to the Engineer prior to the
start of the next day's work period. When required by the technical specifications, the
Contractor shall maintain statistical quality control charts. The daily test reports shall be
signed by the responsible quality control technician and the Program Administrator.
100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall
, indicate the appropriate action to be taken when a process is deemed, or believed, to
be out of control (out of tolerance) and detail what action will be taken to bring the
process into control. The requirements for corrective action shall include both general
requirements for operation of the Quality Control Program as a whole, and for individual
items of work contained in the technical specifications.
The Quality Control Program shall detail how the results of quality control inspections
and tests will be used for determining the need for corrective action and shall contain
clear sets of rules to gauge when a process is out of control and the type of correction
to be taken to regain process control.
When applicable or required by the technical specifications, the Contractor shall
establish and utilize statistical quality control charts for individual quality control tests.
The requirements for corrective action shall be linked to the control charts.
100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment
shall be subject to surveillance by the Engineer at the point of production, manufacture
or shipment to determine if the Contractor, producer, manufacturer or shipper maintains
an adequate quality control system in conformance with the requirements detailed,
herein and the applicable technical specifications and plans. In addition, all items of
materials, equipment and work in place shall be subject to surveillance by the Engineer
at the site for the same purpose.
Surveillance by the Engineer does not relieve the Contractor 'of performing quality
control inspections of either on-site or off-site Contractor's or subcontractor's work.
100-11 NONCOMPLIANCE.
a. The Engineer will notify the Contractor of any noncompliance with any of the
foregoing requirements. The Contractor shall, after receipt of such notice,
immediately take corrective action. Any notice, when delivered by the
Engineer or his/her authorized representative to the Contractor or his/her
authorized representative at the site of the work, shall be considered
sufficient notice.
b. In cases where quality control activities do not comply with either the
Contractor's Quality Control Program or the contract provisions, or where the
Contractor fails to properly operate and maintain an effective Quality Control
Program, as determined by the Engineer, the Engineer may:
1 00-7
END OF SECTION 100
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(1) Order the Contractor to replace ineffective or unqualified quality control
personnel or subcontractors.
(2) Order the Contractor to stop operations until appropriate corrective
actions is taken.
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SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION
LIMITS (PWL)
110-01 GENERAL. When the specifications provide for acceptance of material based
on the method of estimating percentage of material within specification limits (PWL), the
PWL will be determined in accordance with this section. All test results for a lot will be
analyzed statistically to determine the total estimated percent of the lot that is within
specification limits. The PWL is computed using the sample average (X) and sample
standard deviation (Sn) of the specified number (n) of sublots for the lot and the
specification tolerance limits, L for lower arid U for upper, for the particular acceptance
parameter. From these values, the respective Quality index(s), QL for Lower Quality
Index and/or Qu for Upper Quality Index, is computed and the PWL for the lot for the
specified n is determined from Table 1.
There is some degree of uncertainty (risk) in the measurement for acceptance because
only a small fraction of production material (the population) is sampled and tested. This
uncertainty exists because all portions of the production material have the same
probability to be randomly sampled. The Contractor's risk is the probability that material
produced at the acceptable quality level is rejected or subjected to a pay adjustment.
The Owner's risk is the probability that material produced at the rejectable quality level
is accepted.
IT IS THE INTENT OF THIS SECTION TO INFORM THE CONTRACTOR THAT, IN
ORDER TO CONSISTENTLY OFFSET THE CONTRACTOR'S RISK FOR MATERIAL
EVALUATED, PRODUCTION QUALITY (USING POPULATION AVERAGE AND
POPULATION STANDARD DEVIATION) MUST BE MAINTAINED AT THE
ACCEPTABLE QUALITY SPECIFIED OR HIGHER. IN ALL CASES, IT IS THE
RESPONSIBILITY OF THE CONTRACTOR TO PRODUCE AT QUALITY LEVELS
THAT WILL MEET THE SPECIFIED ACCEPTANCE CRITERIA WHEN SAMPLED AND
TESTED AT THE FREQUENCIES SPECIFIED.
110-02 METHOD FOR COMPUTING PWL. The computational sequence for
computing PWL is as follows:
a. Divide the lot into n sublots in accordance with the acceptance requirements
of the specification.
b. Locate the random sampling position within the sublot in accordance with the
requirements of the specification.
c. Make a measurement at each location, or take a test portion and make the
measurement on the test portion in accordance with the testing requirements of
the specification.
d. Find the sample average (X) for all sublot values within the lot by using the
following formula:
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x = (X1 + X2 + X3 + . . .Xn) / n
Where: X = Sample average of all sublot values within a lot
X1' x2 = Individual sublot values
n = Number of sublots
e. Find the sample standard deviation (Sn) by use of the following formula:
Sn = [(d/ + d/ + d/ + . . .d/)/(n-1 W/2
Where: Sn = Sample standard deviation of the number of sublot values in
the set
d1, d2, ...= Deviations of the individual sublot values x1, x2, ... from the
average value X
that is: d1 = (x1 - X), d2 = (x2 - X) ... dn = (xn - X)
n = Number of sublots
For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by
use of the following formula:
QL = (X - L) / Sn
Where: L = specification lower tolerance limit.
Estimate the percentage of material within limits (PWL) by entering Table 1 with
QL' using the column appropriate to the total number (n) of measurements. If the value of
QL falls between values shown on the table, use the next higher value of PWL.
g. For double sided specification limits (Le. Land U), compute the Quality Indexes
QL and Qu by use of the following formulas:
QL = (X - L) / Sn and Qu = (U - X) / Sn
Where:
Land U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits
(PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the
total number (n) of measurements, and determining the percent of material above PL and
percent of material below Pu for each tolerance limit. If the values of QL fall between
values shown on the table, use the next higher value of PL or Pu. Determine the PWL by
use of the following formula:
PWL = (Pu + PL) - 100
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Where:
PL = percent within lower specification limit
Pu = percent within upper specification limit
. EXAMPLE OF PWL CALCULA liON
Project: Example Project
Test Item: Item P-401, Lot A.
A. PWL Determination for Mat Density.
1. Density of four random cores taken from Lot A.
A-1 96.60
A-2 97.55
A-3 99.30
A-4 98.35
n=4
2. Calculate average density for the lot.
x = (x1 + x2 + x3 + . . xn) / n
X = (96.60 + 97.55 + 99.30 + 98.35) / 4
X = 97.95 percent density
3. Calculate the standard deviation for the lot.
Sn = [((96.60 - 97.95)2 + (97.55 - 97.95)2 +(99.30 -97.95)2 + (98.35
-97.95)2)) / (4 - 1 )f12
Sn = [(1.82 + 0.16 + 1.82 + 0.16) / 3fl2
Sn = 1.15
4. Calculate the Lower Quality Index QL for the lot. (L=96.3)
QL = (X -L) / Sn
QL = (97.95 - 96.30) /1.15
QL = 1.4384
5. Determine PWL by ent~ring Table 1 with QL= 1.44 and n= 4.
PWL = 98
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B. PWL Determination for Air Voids.
1. Air Voids of four random samples taken from Lot A.
A-1 5.00
A-2 3.74
A-3 2.30
A-4 3.25
2. Calculate the average air voids for the lot.
x = (x1 + x + x3 . . n) / n
x = (5.00 + 3.74 + 2.30 + 3.25) / 4
x = 3.57 percent
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3. Calculate the standard deviation Sn for the lot.
Sn = SQRT[((3.57 - 5.00)*(3.57 - 5.00) +
(3.57 - 3.74)*(3.57 - 3.74) +
(3.57 - 2.30)*(3.57 - 2.30) +
(3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)]
Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) / 3]
Sn = 1.12
4. Calculate the Lower Quality Index QL for the lot. (L= 2.0)
QL = (X - L) / Sn
QL = (3.57 - 2.00) /1.12
QL = 1.3992
5. Determine PL by entering Table 1 with QL = 1.40 and n = 4.
PL = 97
6. Calculate the Upper Quality Index QU for the lot. (U= 5.0)
.
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QU = (U - X) / Sn
QU = (5.00 - 3.57) / 1.12
QU = 1.2702
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7. Determine PU by entering Table 1 with QU = 1.27 and n = 4.
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PU = 93
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8. Calculate Air Voids PWL
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PWL = (PL + PU) - 100
PWL = (97 + 93) - 100 = 90
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TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) I
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Percent Within Positive Values of Q (QL and QU) I
Limits J
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 I
1 .8008 1 .8888 1.9520
99 1.1541 1.4700 1.6714 .
98 1 .1524 1 .4400 1.6016 1.6982 1.7612 1 .8053 "1
97 1 .1496 1 .41 00 1.5427 1.6181 1.6661 1.6993
96 1.1456 1 .3800 1.4897 1.5497 1.5871 1.6127
95 1.1405 1.3500 1 .4407 1.4887 1.5181 1.5381 ,I
94 1 .1342 1.3200 1.3946 1 .4329 1 .4561 1.4716
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93 1 .1269 1 .2900 1.3508 1.3810 1.3991 1.4112
92 1 .1184 1 .2600 1.3088 1.3323 1.3461 1.3554 .1
91 1.1089 1 .2300 1.2683 1 .2860 1 .2964 1.3032
90 1 .0982 1.2000 1.2290 1.2419 1.2492 1.2541
89 1.0864 1 .1700 1 .1909 1.1995 1 .2043 1.2075 I
88 1.0736 1 .1400 1.1537 1.1587 1.1613 1 .1630
87 1.0597 1 .11 00 1 .1173 1.1191 1 .1199 1 .1204 I
86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794
85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 .\
84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 -
83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643
82 0.9749 0.9600 0.9452 0.9367 0:9325 0.9281
81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 I
80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583
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79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245
78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 I
77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590
76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271
75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 I
74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649
73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 .,
72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044
71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747
70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 .1
69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164
68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 J
67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 .1
66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310
65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031
64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 ,I
63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477
62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203
61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 I
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I 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660
59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391
I 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122
57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855
I: 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592
55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322
54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057
I 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792
52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528
51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264
I" 50 0.0 0.0 0.0 0.0 0.0 0.0
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-0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264
-0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528
-0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792
-0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057
-0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322
-0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592
-0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855
-0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122
-0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391
-0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660
-0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931
-0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203
-0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477
-0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753
-0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031
-0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310
-0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592
-0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877
-0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164
-0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454
-0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747
-0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044
-0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344
-0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649
-0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958
-0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271
-0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590
-0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915
-0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245
-0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583
-0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928
-0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281
-0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643
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-1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 ~.
-1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399
-1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794
-1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204
-1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630
-1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075
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TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Negative Values of Q (QL and QU)
Limits
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
49
48
47
46
45
44
43
42
41
40
39
38
37
36
35
34
33
32
31
30
29
28
27
26
25
24
23
22
21
20
19
18
17
16
15
14
13
12
11
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-
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9
I' 8
7
6
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4
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-1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541
-1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032
-1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554
-1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112
-1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4716
-1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381
-1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127
-1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993
-1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053
-1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520
END OF SECTION 110
11 0-9
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PART I.
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PART II.
1'1 PART III.
I, P ART IV.
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GENERAL PROVISIONS
SECTION 120
REQUIRED BID AND CONTRACT PROVISIONS
REQUIREMENTS TO BE INCLUDED IN SOLICITATION FOR
BIDS
WAGE AND LABOR PROVISIONS
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
MISCELLANEOUS CONTRACT PROVISIONS
REQUIREMENTS OF 49 CFR PART 23.43
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
GP-120-1
PART I. REQUIREMENTS TO BE INCLUDED IN SOLICITATION FOR BIDS
A. Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246, as Amended).
(1) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
(2) The goals and timetables for minority and female participation, expressed in
percentage terms for the contractor's aggregate work force in each trade on
all construction work in the covered area are as follows:
Timetables
Goals for Minority
Participation
for Each Trade
Goals for Female
Participation
in Each Trade
12.1%
These goals are applicable to all the contractor's construction work (whether
or not it is Federal or Federally assisted) performed in the covered area. If
the contractor performs construction work in a geographical area located
outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this
second area, the contractor also is subjected to the goals for both its
Federally involved and nonfederally involved construction,
The contractor's compliance with the executive order and the regulations in
41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals.
The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade,
and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from project to project,
for the sole purpose of meeting the contractor's goals, shall be a violation of
the contract, the Executive Order, and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
(3) The contractor shall provide written notification to the Director, OFCCP, within
10 working days of award of any construction subcontract in excess of
$10,000 at any tier of construction work under the contract resulting from this
solicitation. The notification shall list the name, address, telephone number
GP-120-2
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of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontracts; estimated starting and
completion dates of the subcontract; and the geographical area in which the
subcontract is to be performed.
(4) As used in this notice and in the contract resulting from this solicitation, the
"covered area" is Richmond County, Georgia.
B.
Requirement for Certification of Nonsegregated Facilities~'
(1) Notice to Prospective Federally Assisted Construction Contractors.
(a) Certification of Nonsegregated Facilities must be submitted prior to the
award of a federally assisted construction contract exceeding $10,000
which is not exempt from the provisions of the Equal Opportunity Clause.
(b) Contractors receiving federally assisted construction contract awards
exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause will be required to provide for the forwarding of the
following notice to prospective subcontractors for supplies and
construction contracts where the subcontracts exceed $10,000 and are
not exempt from the provisions of the Equal Opportunity Clause. NOTE:
The penalty for making false statements in offers is prescribed in 18
U.S.C. 1001.
(2) Notice to Prospective Subcontractors of Requirement for Certification of
Nonsegregated Facilities.
(a) A Certification of Nonsegregated Facilities must be submitted prior to the
award of subcontract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity Clause.
(b) Contractors receiving federally assisted construction subcontract awards
exceeding $10,000 which are not exempt from the provisions of the Equal
Opportunity Clause will be required to provide for the forwarding of the
following notice to prospective subcontractors for supplies and
construction contracts where the subcontracts exceed $10,000 and are
not exempt from the provisions of the Equal Opportunity Clause. NOTE:
The penalty for making false statements in offers is prescribed in 18
U.S.C.1001.
CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED
CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS
(APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000
GP-120-3
WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY
CLAUSE)
CERTIFICATION OF NONSEGREGATED 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 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
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.
CERTIFICATIONS OF NONSEGREGATED FACILITIES BY SPONSORS OF
FEDERAL ASSISTANCE WHO ARE THEMSELVES PERFORMING CONSTRUCTION
CONTRACTS
The Sponsor certifies that it does not maintain or provide for its employees any
segregated facilities at any of its establishments and that it does not permit its
employees to perform their services at any location under its control where segregated
facilities are maintained. It further certifies that it will not maintain or provide for its
employees any segregated facilities at any of its establishments and that it will not
permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Sponsor 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 area, 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 customs, or any other
reason. It further agrees that it will obtain identical certifications from proposed
GP-120-4
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contractors prior to the award of contracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause; that it will retain such certifications
in its files; and that it will forward the following notice to such proposed contractors:
NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR
CERTIFICATION OF NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted prior to the award of a
contract or subcontract exceeding $10,000 which is not exempt from the provisions of
the Equal Opportunity Clause. NOTE: The penalty for making' false statements in
offers is prescribed in 18 U.S.C. 1001.
PART II. WAGE AND LABOR PROVISIONS
1, Each sponsor entering into a construction contract over $2,000 for an airport
development project is required to insert in the contract the following provisions from
29 CFR 5.5. Each contractor is to include these provisions in each construction
subcontract.
a. Minimum Wages.
(1) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 31), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination' of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section 1 (b )(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to laborers or
mechanics, subject to the provisions of subparagraph a.(4) below; also, regular
contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such
weekly periods.' Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided in paragraph
d. of this clause. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided, that the employer's payroll records
accurately set forth the. time spent in each classification in which work is
performed. The wage determination (including any additional classification and
wage rates conformed under a.(2) of this section) and the Davis-Bacon poster
GP-120-5
(WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can easily be
seen by the workers. .
(2) (I) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria have tieen met:
(A) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(ii) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,
D.C. 20210. The Administrator, or an a'uthorized repres~ntative, 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 necess<;!ry. (Approved by the
Office of Management and Budget under OMS control number 1215-0140),
(iii) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator. 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, (Approved by the Office of
Management and Budget under OMB control number 1215-0140).
(iv) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all
GP-120-6
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workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(4) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of obligations under the
plan or program. (Approved by the Office of Management and Budget under
OMB control number 1215-0140).
b. Withholding. The FAA or the sponsor shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on
the site of work, all or part of the wages required by the 'contract, the Federal
Aviation Administration may after written notice to the contract, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.:.
(1) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under
GP-120-7
paragraph a.(4) of this clause that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the
contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual
costs incurred in providing such benefits. Contractors emplqying apprentices .or
trainees under approved programs shall maintain written- evidence of the
registration of apprenticeship programs and certification 'of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB control numbers 1215-0140 and 1215-0017).
(2) (i) The contractor shall submit weekly for each week in which any contract work
is performed a copy of all payrolls to the applicant, sponsor, or owner, as the
case may be, for transmission to the Federal Aviation Administration. The
payrolls submitted shall set out accurately and completely all of the information
required to be maintained under paragraph c.(1) above. This information may be
submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington,
D.C, 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of Management and
Budget under OM8 control number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons employed, under the contract and
shall certify the following:
(A) That the payroll for the payroll period contains the information required to be
maintained under paragraph c.(1) above and that such information is correct
and complete;
(8) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3;
(C) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents fdr the classification of
GP-120-8
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work performed, as specified in the applicable wage determination
incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance" required by paragraph c,(2)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the contractor.or
subcontractor to civil or criminal prosecution under Section 10e1 of Title 18 and
Section 231 of Title 31 of the United States Code.
(3) The contractor or subcontractor shall make the records required under paragraph
c.(1) of this section available for inspection, copying or transcription by authorized
representatives of the sponsor, the Federal Aviation Administration or the
Department of Labor, and shall permit such representatives to interview employees
during work hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written
notice to the contractor, sponsor, applicant or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
d. Apprentices and Trainees.
~
(1) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when 'they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Trainin'g, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site' in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a
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GP-120-9
locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification.' If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilized apprentices at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must
be paid at not less than the rate specified in the approved ,program for 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.lf 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.
GP-120-10
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(3) Equal Emplovment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR
Part 30.
e. Compliance With Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
f. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses contained in paragraphs a. through j. of this contract and such other clauses
as the 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 5.5.
g. Contract Termination: Debarment. A breach of the contract clauses in paragraphs
a. through j. of this clause and a. through e. of the second clause below may be
grounds for termination of the contract, and for the debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
h. Compliance With Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are herein incorporated by reference in this contract.
I. Disputes concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
j. Certification of Eligibility.
(1) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor. any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
GP-120-11
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. .
2. The following clauses in paragraphs a., b., c., d., and e. below, required by the
Contract Work Hours and Safety Standards Act, will also be inserted in full in AlP
construction contracts in excess of $2,000 in addition to the clauses required by 29
CFR 5.5(a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and
"mechanics" included watchmen and guards.
a. Overtime Requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek, whichever is greater.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph a, above, the contractor or any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States, (in the case
of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph a, above, in
the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph a.
above.
c. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation
Administration or the sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be
withheld, from any monies payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph b. above.
d, Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs a. through d. and also' a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
GP-120-12
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shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs a. through d.
e. Working Conditions. No contractor or subcontractor may require any laborer or
mechanic employed in the performance of any contract to work in surroundings or
under working conditions that are unsanitary, hazardous or dangerous to his health
or safety as determined under construction safety and health standards (29 CFR
Part 1926) issued by the Department of Labor.
3. In addition to the provisions in 1 and 2 above for contracts in excess of $2,000, the
following is to be included in all contracts for work on airport development projects
involving labor:
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. However, this preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates.
GP-120-13
PART III. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
The Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246, as amended) are to be included in all Federally
assisted construction contracts or subcontracts (including the Solicitations for Bids) in
excess of $10,000 to be performed in geographical areas designated by the Director,
OFCCP. (41 CFR 60-4.3).
1. As used in these specifications:
a. "Covered area" means the geographical area described In the solicitation
from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs
(OFCCP), U.S. Department of Labor, or any person to who the Director
delegates authority;
c. "Employer identification number" means the Federal social security number
used on the Employer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups
not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the
Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification) ,
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion
of the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
notice which contains the applicable goals for minority and female participation
and which is set forth in the solicitations from which this contract resulted.
GP-120-14
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3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually
or through an association, its affirmative action obligations on all work in the plan
area (including goals and timetables) shall be in accordance with that plan for
those trades which have unions participating in the plan. Contractors must be
able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each contractor or subcontractor participating in an
approved plan is individually required to comply with its obligations under the
EEO clauses and to make a good faith effort to achieve each-goal under the plan
in each trade in which it has employees. The overall good faith performance by
other contractors or subcontractors toward a goal in an approved plan does not
excuse any covered contractor's or subcontractor's failure to take good faith
efforts to achieve the plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided
in paragraphs 7.a through p. of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the
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 contracts
performing construction work in a geographical area where they do not have a
Federal or federally assisted construction contract shall apply the minority and
female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice
form, and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
5, Neither the provisions of any collective bargaining agreement nor the failure by a
union with whom the contractor has a collective bargaining agreement to refer
either minorities or women shall excuse the contractor's obligations under these
specifications, Executive Order 11246, as amended, or the regulations
promulgated pursuant thereto.
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6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by the contractor during the training period and the contractor must have made a
commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of
Labor.
7. The contractor shall take specific affirmative actions to ensure EEO. The
evaluation of the contractor's compliance with these specifications shall be
GP-120-15
based upon its effort to achieve maximum results from its actions. The
contractor shall document these efforts fully and shall implement affirmative
action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation,
and coercion at all sites, and in all facilities at which the contractor's
employees are assigned to work. The contractor, where possible, will assign
two or more women to each construction project. The contractor shall
specifically ensure that all foremen, superintendents;~ -and other onsite
supervisory personnel are aware of and carry out the contractor's obligation
to maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the contractor or its unions
have employment opportunities available, and maintain a record of the
organizations'responses.
c. Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and community organization
and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, not employed by the
contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the contractor may have taken.
d, Provide immediate written notification to the Director when the union or
unions with which the contractor has a collective bargaining agreement has
not referred to the contractor a minority person or woman sent by the
contractor, or when the contractor has other information that the union
referral process has impeded the contractor's efforts to meet its obligations,
e, Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The contractor shall provide
notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting
the contractor in me~ting 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
GP-120-16
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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.
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g. Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination, or other employm~nt
decisions including specific review of these items with- onsite supervisory
personnel such as superintendents, general foremen, etc., prior to the
initiation of construction work at any job site, A written record shall be made
and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
contractor's EEO policy with other contractors and subcontractors with whom
the contractor does or anticipates doing business.
I. Direct its recruitment efforts, both oral and written, to minority, female, and
community, organizations; to schools with minority and female students; and
to minority and female recruitment and training organizations serving the
contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the contractor shall send written
notification to organizations, such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after schoof, summer,
and vacation employment to minority and female youth both on the site and
in other areas of a contractor's workforce.
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k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
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I. Conduct, at least annually, an inventory and evaluation, at least of all minority
and female personnel, for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m. Ensure that senioritx practices, job classifications, work assignments, and
other personnel practices do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
GP-120-17
,
EEO policy and the contractor's obligations under these specifications are
being carried out.
n. Ensure that all facilities and company activities are nonsegregated except
that separate or single-user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and' '1;uppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and
performance under the contractor's EEO policies and affirmative action
obligations.
8, Contractors are encouraged to participate in voluntary associations which assist
in fulfilling one or more of their affirmative action obligations (7.a through p.).
The efforts of a contractor association, joint contractor union, contractor
community, or other similar groups of which the contractor is a member and
participant, may be asserted as fulfilling anyone or more of its obligations under
7.a through p. of these specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the contractor's
minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to 'documentation which
demonstrates the effectiveness of actions taken on behalf of the contractor. The
obligation to comply, however, is the contractor's; and fai!ure of such a group to
fulfill an obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide EEO and to take
affirmative action for all minority groups, both male and female, and all women,
both minority and non-minority. Consequently, the contractor may be in violation
of the executive order if a particular group is employed in a substantially
disparate manner (for example. even though the contractor has achieved its
goals for women generally, the contractor may be in violation of the executive
order if a specific minority group of women is under-utilized),
10, The contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any persons because of race, color, religion,
sex, or national origin.
GP-120-18
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11. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246, as
amended. .
12. The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination, and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the OFCCP. Any contractor who fails to carry out such sanctions
and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7. of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
contractor fails to comply with the requirements of the executive order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment
related activity -to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
Government, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union
affiliation if any, employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice,' trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records shall
be maintained in an easily understandable and retrievable'form; however, to the
degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Contractor Contractual Requirements
During the performance of this contract. the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
GP-120-19
1. Compliance with Regulations. The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, colot;~ or national origin in
the selection and retention of subcontractors, including prbcurements of materials
and leases of equipment. The contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, includinq Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or"national origin.
4, Information and Reports. The contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto and
shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such
regulations, orders, and instructions. Where any infqrmation required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA,
as appropriate, and shall set forth what efforts it has made to obtain the
information.
5, Sanctions for Noncompliance. In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, the sponsor shall impose
such contract sanctions as it or the FAA may determine to be appropriate,
including, but limited to:
a, Withholding of payments to the contractor under the contract until the
contractor complies; and/or
b, Cancellation, termination, or suspension of the contract, in whole or in part.
GP-120-20
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6. Incorporation of Provisions. The contractor shall include the provisions of
paragraph 1. through 5. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Regulations or directives issued
pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Sponsor to enter into such litigation to protect-the interests of the
sponsor and, in addition, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
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GP-120-21
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Include in all construction contracts in excess of $10,000.
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to,
the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment compensation; and selection of transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
considerations' for employment without regard to race, color, religion, sex or
national origin.
3. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or, other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
4, The contractor will comply with all proVIsions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5, The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6, In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations. or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
GP-120-22
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contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
7, The contractor will include the portion of the sentence immediately preceding
paragraph 1. and the provisions of paragraphs 1. through 7. in every
subcontractor purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions; including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
Notices to be Posted. The "Equal Employment Opportunity is the Law poster is to be
posted by the contractor in a conspicuous place available to employees and applicants
for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this
poster will be furnished to contractors at the preconstruction conference.
Required Reports.
(1) Monthly Employment Utilization Report. This report is to be prepared on Form
CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance
Program (OFCCP) that serves the geographical area in' which this project is
located. The report is due by the fifth day of each month after work has
commenced. The contractor will be advised further regarding this report,
including the address of the OFCCP Area Office, at the preconstruction
conference.
(2) Annual EEO-1 Report. Contractors/subcontractors working on federally assisted
airport construction projects are required to file annually, on or before March 31,
complete and accurate reports on Standard Form 100 (Employee Information
Report, EEO-1). The first such report is required within 30 days after award
unless the contractor/subcontractor has submitted such a report within 12
months preceding the date of award (the FAA or Department of Labor OFCCP
can designate other intervals). This form is normally furnished based on a
mailing list, but can be o,btained from the Joint Reporting Committee, 1800 G.
Street, N.W., Washington, D.C. 20506. This report is required if a contractor or
subcontractor meets all of the following conditions:
GP-120-23
(a) Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR
60-1.5; and
(b) Number of emplovees. Has 50 or more employees; and
(c) Contractor/Subcontractor. Is a prime contractor or first tier subcontractor;
and
(d) Dollar Level. There is a contract, subcontract, or purchase order amounting
to $50,000 or more or serves as a depository of government funds in any
amount, or is a financial institution which is an issuing and paying agent for
U.S. savings bonds and savings notes. Some subcontractors below the first
tier who work at the site are required to file if they meet the requirements of
41 CFR 60-1.7.
(e) Records. The FAA or Department of Labor OFCCP may require a contractor
to keep employment or other records and to furnish, in the form requested
within reasonable limits, such information as necessary.
PART IV, MISCELLANEOUS CONTRACT PROVISIONS
A. Airport Improvement Program Proiect. The work in this contract is included in
Airport Improvement Program Project No. 3-13-0123-06 which is being undertaken
and accomplished by the Augusta-Richmond County General Aviation Commission
in accordance with the terms and conditions of a grant agreement between the
Augusta-Richmond County General Aviation Commission arid the United States,
under the Airport and Airway improvement Act of 1982 and Part 152 of the Federal
Aviation Regulations (14 CFR Part 152), pursuant to which the United States has
agreed to pay a certain percentage of the costs of the project that are determined to
be allowable project costs under that Act. The United States is not a party to this
contract and no reference in this contract to the FAA or any representative thereof,
or to any rights granted to the FAA or any representative thereof, or the United
States, by the contract, makes the United States a party to this contract.
B. Consent to Assiqnment. The contractor shall obtain the prior written consent of the
OWNER to any proposed assignment of any interest in or part of this contract.
C, Veterans Preference, In the employment of labor (except in executive,
administrative, and supervisory positions), the contractor shall give preference to
veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1)
and (2) of the Airport and Airway Improvement Act of 1982.
GP-120-24
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D. FAA Inspection and Review. The contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials used in the
performance of this contract.
E. Subcontracts. The contractor shall insert in each of his subcontracts the provisions
contained in paragraphs A., C" and D., of this section and also a clause requiring
the subcontractors to include these provisions in any lower tier subcontracts which
they may enter into, together with a clause requiring this insertion in any further
subcontracts that may in term be made.
F. Clean Air and Water Pollution Control Requirements for All Construction Contracts
and Subcontracts Exceedinq $100,000.
Contractors agree:
(1) That any facility to be used in the performance of the contract or to benefit from
the contract is not listed on the Environmental Protection Agency (EPA) List of
Violating Facilities.
(2) To comply with all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all regulations issued
thereunder.
(3) That as a condition for award of a contract, they will notify the awarding official
of the receipt of any communication from the EPA indicating that a facility to be
utilized for performance of or benefit from the contract is under consideration to
be listed on the EPA List of Violating Facilities.
(4) To include in any subcontract which exceeds $100,000, the requirements of (1),
(2), and (3) above.
PART V - REQUIREMENTS OF 49 CFR Part 23.43, DISADVANTAGE BUSINESS
ENTERPRISE PROGRAM
A. POLICY. It is the policy of the Department of Transportation that disadvantage
business enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this agreement. Consequently, the Disadvantage
Business Enterprise (DBE) requirements of 49 CFR Part 23 apply to this contract.
B. DBE OBLIGATION. The recipient or its contractor agrees to ensure that
disadvantage business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds provided under this agreement. In this regard, all recipients or
contractors shall take all necessary and reasonable steps in accordance with 49
GP-120-25
CFR Part 23 to ensure that disadvantage business enterprises have the maximum
opportunity to compete for and perform contracts.
C. The following is an excerpt from FAA Program Guidance Letter 88-1, December 3,
1987.
On October 21, DOT published in the Federal Register an amendment to 49 CFR
Part 23, Participation by Disadvantage Business Enterprise in Department ,of
Transportation Programs. Only one change will affect the airport grant program.
Effective October 21. a sponsor or contractor may count toward its DBE goals 60
percent of its expenditures for materials and supplies required under a contract and
obtained from a DBE and 100 percent of such expenditures to a DBE manufacturer.
Minimum Disadvantage Business Enterprise goals for this project are:
DBE Goal: 12.1 %
END OF SECTION 120
GP-120-26
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GENERAL DECISION GA010029 03/02/2001 GA29
Date: March 2, 2001
General Decision Number GA010029
Superseded General Decision No. GA000029
State: Georgia
Construction Type:
HIGHWAY
County(ies) :
COLUMBIA
MCDUFFIE
RICHMOND
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects, and railroad construction;
bascule, suspension & spandrel arch bridges; bridges designed for
commercial navigation; bridges involving marine construction;
other major bridges)
Modification Number
o
Publication Date
03/02/2001
COUNTY(ies) :
COLUMBIA
MCDUFFIE
RICHMOND
SUGA3010A 05/01/1990
ASPHALT RAKER
CARPENTER
CONCRETE FINISHER
FLAGGER
IRONWORKER, REINFORCING
LABORER
PILEDRIVER
POWER EQUIPMENT OPERATORS:
Asphalt distributor
Asphalt paver
Backhoe
Bulldozer
Crane
Loader
Milling machine
Motor grade operator
Scraper
Roller
Striping machine operator
Tractor (utility)
TRUCK DRIVERS:
Single rear axle
Multi rear axle
Rates
6.08
8.72
7.43
5.15
10.83
5.84
14.99
Fringes
7.07
7.64
8.35
8.40
10.00
7.62
12.18
8.56
8.00
6.36
6.26
5.65
5.67
6.58
WELDER
11. 23
II Unlisted classifications needed for work not included within
.
.
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the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
( 2 9 C FR 5. 5 (a) (1) (v) ) .
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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.
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WAGE DETERMINATION APPEALS PROCESS
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1.) Has there been an initial decision in the matter? This can
be:
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* 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
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On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
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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:
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Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
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2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
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Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
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The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
I
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
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Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
I
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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ITEM M-101
MOBILIZATION
DESCRIPTION
101-1.1 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 incidental to the project site; for the establishment of all offices, buildings,
and other facilities necessary for work on the project; and for all other work and
operations which must be performed or costs incurred prior to beginning work on the
various iterns on the project site.
BASIS OF PAYMENT
101-2.11 All work covered by this section will be paid for at the contract lump sum
price for "Mobilization".
Partial payments for the item of "Mobilization" will be made with the first and second
partial pay estimates paid on the contract, and will be made at the rate of 50 percent of
the lump sum price for "Mobilization" on each of these partial pay estimates, provided
the amount bid for "Mobilization" does not exceed 5 percent of the total amount bid for
the contract. Where the amount bid for the item of "Mobilization" exceeds 5 percent of
the total amount bid for the contract, 2-1/2 percent of the total amount bid will be paid
on the last partial pay estimate.
Payment will be made under:
Item M-101 Mobilization - Lump Sum
End of Item M-101
P-152-1
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ITEM P-401
PLANT MIX BITUMINOUS PAVEMENTS
DESCRIPTION
401-1.1 This item shall consist of a surface course composed of mineral aggregate and
bituminous material mixed in a central mixing plant and placed on a prepared course in
accordance with these specifications and shall conform to the lines, grades,
thicknesses, and typical cross sections shown on the plans. Each course shall be
constructed to the depth, typical section, or elevation required by the plans and shall be
rolled, finished, and approved before the placement of the next course.
MATERIALS
401-2.1 AGGREGATE. Aggregates shall consist of crushed stone, crushed gravel, or
crushed slag with or without sand or other inert finely divided mineral aggregate. The
portion of materials retained on the No. 8 sieve is coarse aggregate. The portion
passing the No. 8 sieve and retained on the No. 200 sieve is fine aggregate, and the
portion passing the No. 200 sieve is mineral filler.
a. Coarse Aggregate. Coarse aggregate shall consist of sound, tough, durable
particles, free from adherent films of matter that would prevent thorough coating and
bonding with the bituminous material and be free from organic matter and other
deleterious substances. The percentage of wear shall not be greater than 40 percent
when tested in accordance with ASTM C 131. The sodium sulfate soundness loss shall
not exceed 10 percent, or the magnesium sulfate soundness loss shall not exceed 13
percent, after five cycles, when tested in accordance with ASTM C 88.
Aggregate shall contain at least 50 percent by weight of individual, pieces having two or
more fractured faces and 65 percent by weight having at least one fractured face. The
area of each face shall be equal to at least 75 percent of the smallest mid sectional area
of the piece. When two fractured faces are contiguous, the angle between the planes of
fractures shall be at least 30 degrees to count as two fractured faces. Fractured faces
shall be obtained by crushing.
The aggregate shall not contain more than 8 percent, by weight, of flat or elongated
pieces, when tested in accordance with ASTM 04791.
Slag shall be air-cooled, blast furnace slag, and shall have a compacted weight of not
less than 70 pounds per cubic foot when tested in accordance with ASTM C 29.
b. Fine Aggregate. Fine aggregate shall consist of clean, sound, durable, angular
shaped particles produced by. crushing stone, slag, or gravel that meets the
requirements for wear and soundness specified for coarse aggregate. The aggregate
P-401-1
Revised per AlC Chng 12
Revised per AlC Chng 12
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particles shall be free from coatings of clay, silt, or other objectionable matter and shall
contain no clay balls. The fine aggregate, including any blended material for the fine
aggregate, shall have a plasticity index of not more than 6 and a liquid limit of not more
than 25 when tested in accordance with ASTM 0 4318.
Natural (nonmanufactured) sand may be used to obtain the gradation of the aggregate
blend or to improve the workability of the mix. The amount of sand to be added will be
adjusted to produce mixtures conforming to requirements of this specification. The
aggregate shall have sand equivalent values of 35 or greater when tested in
accordance with ASTM 0 2419.
c. Sampling. ASTM 0 75 shall be used in sampling coarse and fine aggregate,
and ASTM C 183 shall be used in sampling mineral filler.
401-2.2 MINERAL FILLER. If filler, in addition to that naturally present in the
aggregate, is necessary, it shall meet the requirements of ASTM 0242.
401-2.3 BITUMINOUS MATERIAL. Bituminous material shall conform to the following
requirements: ASTM 03381 viscosity grade AC-30.
The Contractor shall furnish vendor's certified test reports for each lot of bituminous
material shipped to the project. The vendor's certified test report for the bituminous
material can be used for acceptance or tested independently by the Engineer.
401-2.4 PRELIMINARY MATERIAL ACCEPTANCE. Prior to delivery of materials to
the job site, the Contractor shall submit certified test reports to the Engineer for the
following materials:
a. Coarse Aggregate.
(1 ) Percent of wear.
(2) Soundness.
(3) Unit weight of slag.
b. Fine Aggregate.
(1 ) Liquid limit.
(2) Plastic index.
(3) Sand equivalent.
c. Mineral Filler.
d. Bituminous Material. The certification(s) shall show the appropriate ASTM
test(s) for each material, the test results, and a statement that the material meets the
specification requirement.
P-401-2
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The Engineer may request samples for testing, prior to and during production, to verify
the quality of the materials and to ensure conformance with the applicable
specifications.
COMPOSITION
401-3.1 COMPOSITION OF MIXTURE. The bituminous plant mix shall be composed
. of a mixture of well-graded aggregate, filler if required, and bituminous material. The
several aggregate fractions shall be sized, handled in separate size groups, and
combined in such proportions that the resulting mixture meets the grading requirements
of the job mix formula (JMF).
401-3.2 JOB MIX FORMULA. No bituminous mixture for payment shall be produced
until a job mix formula has been approved by the Engineer. The bituminous mixture
shall be designed using procedures contained in Chapter III, MARSHALL METHOD OF
MIX DESIGN, of the Asphalt Institute's Manual Series No. 2 (MS-2), Mix Design
Methods for Asphalt Concrete, and shall meet the requirements of Tables 1 and 2.
The design criteria in Table 1 are target values necessary to meet the acceptance
requirements contained in paragraph 401-5.2b. The criteria is based on a production
process which has a material variability with the following standard deviations:
Stability (Ibs.) = 270
Flow (0.01 inch) = 1.5
Air Voids (%) = 0.65
If material variability exceeds the standard deviations indicated, the job mix formula and
subsequent production targets should be based on a stability greater than shown in
Table 1, and the flow and air voids should be targeted close to the mid-range of the
criteria in order meet the acceptance requirements.
If the Tensile Strength Ratio (TSR) of the composite mixture, as determined by ASTM 0
4867, is less than 75, the aggregates shall be rejected or the asphalt treated with an
approved anti-stripping agent. The amount of anti-stripping agent added to the asphalt
shall be sufficient to produce a TSR of not less than 75. If an antistrip agent is required,
it will be provided by the Contractor at no additional cost.
The job mix formula shall be submitted in writing by the Contractor to the Engineer at
least 14 days prior to the start of paving operations and shall include as a minimum:
a. Percent passing each sieve size.
b. Percent of asphalt cement.
c. Asphalt viscosity or penetration grade.
P-401-3
Revised per Ale Chng 12
Revised per A/C Chng 12
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d. Number of blows of hammer compaction per side of molded specimen.
e. Mixing temperature.
f. Compaction temperature.
g. Temperature of mix when discharged from the mixer.
h. Temperature-viscosity relationship of the asphalt cement.
i. Plot of the combined gradation on the Federal Highway Administration (FHWA)
45 power gradation curve.
j. Graphical plots of stability, flow, air voids, voids in the mineral aggregate, and unit
weight verses asphalt content.
k. Percent natural sand.
I. Percent fractured faces.
m. Percent elongated particles.
n. Tensile Strength Ratio (TSR).
o. Antistrip agent (if required).
The Contractor shall submit samples to the Engineer, upon request, for job mix formula
verification testing. .
The job mix formula for each mixture shall be in effect until modified in writing by the
Engineer. Should a change in sources of materials be made, a new job mix formula
must be approved by the Engineer before the new material is used.
TABLE 1. MARSHALL DESIGN CRITERIA
TABLE 1. MARSHALL DESIGN CRITERIA
Number of blows
Pavements Designed for Aircraft Gross
Weights Less Than 60,000 Lbs. or Tire
Pressures Less Than 100 Psi
50
1350 (4450)
TEST PROPERTY
Stability, pounds (newtons)
minimum
Flow, 0.01 in. (0.25 mm)
1 0-18
P-401-4
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Air voids (percent)
2.8-4.2
Percent voids in mineral
aggregate, minimum
SEE TABLE 2
TABLE 2 MINIMUM PERCENT
VOIDS IN MINERAL AGGREGATE
Maximum Particle Size
Minimum Voids in
Mineral Aggregate,
percent
Percent
16
15
14
13
in.
1/2
3/4
1
1-1/4
The mineral aggregate shall be of such size that the percentage composition by weight,
as determined by laboratory screens, will conform to the gradation or gradations
specified in Table 3 when tested in accordance with ASTM Standard C 136 and C 117.
The gradations in Table 3 represent the limits which shall determine the suitability of
aggregate for use from the sources of supply. The aggregate, as selected (and used in
the JMF), shall have a gradation within the limits designated in Table 3 and shall not
vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa,
but shall be well graded from coarse to fine.
Deviations from the final approved mix design for bitumen content and gradation of
aggregates shall be within the action limits for individual measurements as specified in
paragraph 401-6.5a. The limits still will apply if they fall outsi~e the master grading
band in Table 3.
The maximum size aggregate used shall not be more than one-half of the thickness of
the course being constructed.
TABLE 3. AGGREGATE - BITUMINOUS PAVEMENTS
Sieve Size
Percentage by Weight
Passing Sieve
P-401 3/4" Max
1-1/4 in
1 in
3/4 in.
1/2 in.
3/8 in
NO.4
100
79-99
68-88
48-68
P-401-5
Revised per AlC Chng 12
Revised per AlC Chng 12
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No.8
No. 16
No. 30
No. 50
No. 100
No. 200
Asphalt percent:
Stone or gravel
Slag
33-53
20-40
14-30
9-21
6-16
3-6
5.0-7.5
6.5-9.5
The aggregate gradations shown are based on aggregates of uniform specific gravity.
The percentages passing the various sieves shall be corrected when aggregates of
varying specific gravities are used, as indicated in the Asphalt Institute Manual Series
No.2 (MS-2), Appendix A.
401-3.3 RECYCLED ASPHALT CONCRETE. Recycled asphalt concrete shall consist
of reclaimed asphalt pavement (RAP), coarse aggregate, fine aggregate, mineral filler,
asphalt cement, and recycling agent, if necessary. Reclaimed asphalt pavement may
be used for all courses.
The RAP shall be of a consistent gradation and asphalt content. The Contractor may
obtain the RAP from the job site or an existing source.
All new aggregates used in the recycled mix shall meet the requirements of paragraph
401-2.1. New bituminous material shall meet the requirements of paragraph 401-2.3.
Recycling agents shall meet the requirements of ASTM 04552.
The recycled asphalt concrete mix shall be designed using procedures contained in the
Asphalt Institute's Manual Series Number 20 (MS-20), Asphalt Hot-Mix Recycling, in
conjunction with MS-2 (MS-2). The job mix shall meet the requirements of paragraph
401-3.2. In addition to the requirements of paragraph 401-3.2, the job mix formula shall
indicate the percent of reclaimed asphalt pavement, the percent and viscosity grade of
new asphalt, the percent and grade of hot-mix recycling agent (if used), and the
properties (including viscosity and penetration) of the asphalt blend.
The Contractor shall submit documentation to the Engineer, indicating that the mixing
equipment proposed for use is adequate to mix the percent of RAP shown in the job mix
formula and meet all local and national environmental regulations.
401-3.4 TEST SECTION. Prior to full production, the Contractor shall prepare and
place a quantity of bituminous mixture according to the job mix formula. The amount of
mixture should be sufficient to construct a test section 300' long and 20' wide placed in
two lanes, with a longitudinal cold joint, and shall be of the same depth specified for the
construction of the course which it represents. The underlying grade or pavement
structure upon which the test section is to be constructed shall be the same as the
remainder of the course represented by the test section. The equipment used in
P-401-6
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construction of the test section shall be the same type and weight to be used on the
remainder of the course represented by the test section.
Three random samples shall be taken at the plant and tested for stability, flow, and air
voids in accordance with paragraph 401-5.1 a(2). Two random samples of mixture shall
be taken at the plant and tested for aggregate gradation and asphalt content in
accordance with paragraphs 401-6.3a and 3b and evaluated in accordance with
paragraphs 401-6.5a and 5b. Three randomly selected cores shall be taken from the
finished pavement mat, and three from the longitudinal joint, and tested in accordance
with paragraph 401-5.1 b(4). Random sampling shall be in accordance with procedures
contained in ASTM 0 3665.
Mat density and air voids shall be evaluated in accordance with paragraph 401-5.2f(1).
Stability and flow shall be evaluated in accordance with paragraph 401-5.2f(2). Joint
density shall be evaluated in accordance with paragraph 401-5.2f(3).
Voids in the mineral aggregate (VMA), for each plant sample, shall be computed in
accordance with procedures contained in Chapter III, MARSHALL METHOD OF MIX
DESIGN, of the Asphalt Institute's Manual Series No.2 (MS-2), Mix Design Methods for
Asphalt Concrete.
The test section shall be considered acceptable if; 1) stability, flow, mat density, air
voids, and joint density are 90 percent or more within limits, 2) gradation and asphalt
content are within the action limits specified in paragraphs 401-6.5a and 5b, and 3) the
voids in the mineral aggregate is within the limits of Table 2.
If the initial test section should prove to be unacceptable, the necessary adjustments to
the job mix formula, plant operation, placing procedures, and/or rolling procedures shall
be made. A second test section shall then be placed. If the second test section also
does not meet specification requirements, both sections shall be removed at the
Contractor's expense. Additional test sections, as required, shall be constructed and
evaluated for conformance to the specifications. Any additional sections that are not
acceptable shall be removed at the Contractor's expense. Full production shall not
begin until an acceptable section has been constructed and accepted by the Engineer.
The initial test section, whether acceptable or unacceptable, and any subsequent
section that meets specification requirements shall be paid for in accordance with
paragraph 401-8.1.
Job mix control testing shall be performed by the Contractor at the start of plant
production and in conjunction with the calibration of the plant for the job mix formula. It
should be recognized that the aggregates produced by the plant may not satisfy the
gradation requirements or produce a mix that exactly meets the JMF. In those
instances, it will be necessary to reevaluate and redesign the mix using plant-produced
aggregates. Specimens should be prepared and the optimum bitumen content
determined in the same manner. as for the original design tests.
P-401-7
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Revised per AlC Chng 12
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401-3.5 TESTING LABORATORY. The laboratory used to develop the job mix formula
shall meet the requirements of ASTM 0 3666. A certification signed by the manager of
the laboratory stating that it meets these requirements shall be submitted to the
Engineer prior to the start of construction. The certification shall contain as a minimum:
a. Qualifications of personnel; laboratory manager, supervising technician, and
testing technicians.
b. A listing of equipment to be used in developing the job mix.
c. A copy of the laboratory's quality control system.
d. Evidence of participation in the AASHTO Materials Reference Laboratory
(AMRL) program
CONSTRUCTION METHODS
401-4.1 WEATHER LIMITATIONS. The bituminous mixture shall not be placed upon a
wet surface or when the surface temperature of the underlying course is less than
specified in Table 4. The temperature requirements may be waived by the Engineer, if
requested; however, all other requirements including compaction shall be met.
TABLE 4. BASEl'EMPERATURE LIMITATIONS
Mat Thickness
Base Temperature
(Minimum)
Deg.F
3 in. or greater
Greater than 1 in. but
less than 3 in.
1 in. or less
40
45
50
401-4.2 BITUMINOUS MIXING PLANT. Plants used for the preparation of bituminous
mixtures shall conform to the requirements of ASTM 0 995 with the following changes:
a. Requirements for All Plants.
(1) Truck Scales. The bituminous mixture shall be weighed on approved
scales furnished by the Contractor, or on certified public scales at the Contractor's
expense. Scales shall be inspected and sealed as often as the Engineer deems
necessary to assure their accuracy. Scales shall conform to the requirements of the
General Provisions, Section 90-01.
P-401-8
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(2) Testing Facilities. The Contractor shall provide laboratory facilities at the
plant for the use of the Engineer's acceptance testing and the Contractor's quality
control testing, in accordance with paragraph 401-6.2.
(3) Inspection of Plant. The Engineer, or Engineer's authorized
representative, shall have access, at all times, to all areas of the plant for checking
adequacy of equipment; inspecting operation of the plant: verifying weights, proportions,
. and material properties; and checking the temperatures maintained in the preparation of
the mixtures.
(4) Storage Bins and Surge Bins. Paragraph 3.9 of ASTM 0 995 is deleted.
Instead, the following applies. Use of surge bins or storage bins for temporary storage
of hot bituminous mixtures will be permitted as follows:
(a) The bituminous mixture may be stored in surge bins for period of time
not to exceed 3 hours.
(b) The bituminous mixture may be stored in insulated storage bins for a
period of time not to exceed 24 hours.
The bins shall be such that mix drawn from them meets the same requirements as mix
loaded directly into trucks.
If the Engineer determines that there is an excessive amount of heat loss, segregation
or oxidation of the mixture due to temporary storage, no overnight storage will be
allowed.
401-4.3 HAULING EQUIPMENT. Trucks used for hauling bituminous mixtures shall
have tight, clean, and smooth metal beds. To prevent the mixture from adhering to
them, the truck beds shall be lightly coated with a minimum amount of paraffin oil, lime
solution, or other approved material. Each truck shall have a suitable cover to protect
the mixture from adverse weather. When necessary, to ensure that the mixture will be
delivered to the site at the specified temperature, truck beds shall be insulated or
heated and covers shall be securely fastened.
401-4.4 BITUMINOUS PAVERS. Bituminous pavers shall be self-propelled, with an
activated screed, heated as necessary, and shall be capable spreading and finishing
courses of bituminous plant mix material which will meet the specified thickness,
smoothness, and grade. The paver shall have sufficient power to propel itself and the
hauling equipment without adversely affecting the finished surface.
The paver shall have a receiving hopper of sufficient capacity to permit a uniform
spreading operation. The hopper shall be equipped with a distribution system to place
the mixture uniformly in front of the screed without segregation. The screed shall
effectively produce a finished surface of the required evenness and texture without
tearing, shoving, or gouging the mixture.
P-40 1-9
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If an automatic grade control device is used, the paver shall be equipped with a control
system capable of automatically maintaining the specified screed elevation. The control
system shall be automatically actuated from either a reference line and/or through a
system of mechanical sensors or sensor-directed mechanisms or devices which will
maintain the paver screed at a predetermined transverse slope and at the proper
elevation to obtain the required surface. The transverse slope controller shall be
, capable of maintaining the screed at the desired slope within plus or minus 0.1 percent.
The controls shall be capable of working in conjunction with any of the following
attachments:
a. Ski-type device of not less than 30 feet in length.
b. Taut stringline (wire) set to grade.
c. Short ski or shoe.
d. Laser control.
401-4.5 ROLLERS. Rollers of the vibratory, steel wheel, and pneumatic-tired type
shall be used. They shall be in good condition, capable of operating at slow speeds to
avoid displacement of the bituminous mixture. The number, type, and weight of rollers
shall be sufficient to compact the mixture to the required density while it is still in a
workable condition.
The use of equipment which causes excessive crushing of the aggregate will not be
permitted.
401-4.6 PREPARATION OF BITUMINOUS MATERIAL. The bituminous material shall
be heated in a manner that will avoid local overheating and provide a continuous supply
of the bituminous material to the mixer at a uniform temperature. The temperature of
the bituminous material delivered to the mixer shall be sufficient to provide a suitable
viscosity for adequate coating of the aggregate particles, but shall not exceed 325
degrees F.
401-4.7 PREPARATION OF MINERAL AGGREGATE. The aggregate for the mixture
shall be heated and dried prior to introduction into the mixer. The maximum
temperature and rate of heating shall be such that no damage occurs to the aggregates.
The temperature of the aggregate and mineral filler shall not exceed 350 degrees F
when the asphalt is added. Particular care shall be taken that aggregates high in
calcium or magnesium content are not damaged by overheating. The temperature shall
not be lower than is required to obtain complete coating and uniform distribution on the
aggregate particles and to provide a mixture of satisfactory workability.
P-401-10
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401-4.8 PREPARATION OF BITUMINOUS MIXTURE. The aggregates and the
bituminous material shall be weighed or metered and introduced into the mixer in the
amount specified by the job mix formula.
The combined materials shall be mixed until the aggregate obtains a uniform coating of
bitumen and is thoroughly distributed throughout the mixture. Wet mixing time shall be
the shortest time that will produce a satisfactory mixture, but not less than 25 seconds
. for batch plants. The wet mixing time for all plants shall be established by the
Contractor, based on the procedure for determining the percentage of coated particles
described in ASTM 0 2489, for each individual plant and for each type of aggregate
used. The wet mixing time will be set to achieve 95 percent of coated particles. For
continuous mix plants, the minimum mixing time shall be determined by dividing the
weight of its contents at operating level by the weight of the mixture delivered per
second by the mixer. The moisture content of all bituminous mix upon discharge shall
not exceed 0.5 percent.
401-4.9 PREPARATION OF THE UNDERLYING SURFACE. Immediately before
placing the bituminous mixture, the underlying course shall be cleaned of all dust and
debris. A prime coat or tack coat shall be applied in accordance with Item P-602 or
P-603, if required by the contract specifications.
401-4.10 TRANSPORTING, PLACING, AND FINISHING. The bituminous mixture
shall be transported ,from the mixing plant to the site in vehicles conforming to the
requirements of paragraph 401-3. Deliveries shall be scheduled so that placing and
compacting of mixture is uniform with minimum stopping and starting of the paver.
Adequate artificial lighting shall be provided night placements. Hauling over freshly
placed material shall not be permitted until the material has been compacted, as
specified, and allowed to cool to atmospheric temperature.
The mix shall be placed and compacted at a temperature suitable for obtaining density,
surface smoothness, and other specified requirements but not less than 250 degrees F.
Upon arrival, the mixture shall be placed to the full width by a bituminous paver. It shall
be struck off in a uniform layer of such depth that, when the work is completed, it shall
have the required thickness and conform to the grade and contour indicated. The
speed of the paver shall be regulated to eliminate pulling and tearing of the bituminous
mat. Unless otherwise permitted, placement of the mixture shall begin along the
centerline of a crowned section or on the high side of areas with a one-way slope. The
mixture shall be placed in consecutive adjacent strips having a minimum width of 10
feet except where edge lanes require less width to complete the area. The longitudinal
joint in one course shall offset the longitudinal joint in the course immediately below by
at least 1 foot; however, the joint in the surface top course shall be at the centerline of
the pavement. Transverse joints in one course shall be offset by at least 10 feet from
transverse joints in the previous course.
Transverse joints in adjacent lanes shall be offset a minimum of 10 feet.
P-401-11
Revised per AlC Chng 12
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On areas where irregularities or unavoidable obstacles make the use of mechanical
spreading and finishing equipment impractical, the mixture may be spread and luted by
hand tools.
401-4.11 COMPACTION OF MIXTURE. After placing, the mixture shall be thoroughly
and uniformly compacted by rolling. The surface shall be compacted as soon as
possible when the mixture has attained sufficient stability so that the rolling does not
cause undue displacement, cracking or shoving. The sequence of rolling operations
and the type of rollers used shall be at the discretion of the Contractor.
The speed of the roller shall, at all times, be sufficiently slow to avoid displacement of
the hot mixture and be effective in compaction. Any displacement occurring as a result
of reversing the direction of the roller, or from any other cause, shall be corrected at
once.
Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall
continue until the surface is of uniform texture, true to grade and cross section, and the
required field density is obtained.
To prevent adhesion of the mixture to the roller, the wheels shall be kept properly
moistened (and scrapers used), but excessive water will not be permitted.
In areas not accessible to the roller, the mixture shall be thoroughly compacted with
hand tampers.
Any mixture that becomes loose and broken, mixed with dirt, contains check-cracking,
or in any way defective shall be removed and replaced with fresh hot mixture and
immediately compacted to conform to the surrounding area. This work shall be done at
the Contractor's expense. Skin patching shall not be allowed.
401-4.12 JOINTS. The formation of all joints shall be made in such a manner as to
ensure a continuous bond between the courses and obtain the required density. All
joints shall have the same texture as other sections of the course and meet the
requirements for smoothness and grade.
The roller shall not pass over the unprotected end of the freshly laid mixture except
when necessary to form a transverse joint. When necessary to form a transverse joint,
it shall be made by means of placing a bulkhead or by tapering the course. The tapered
edge shall be cut back to its full depth and width on a straight line to expose a vertical
face prior to placing the adjacent lane. In both methods, all contact surfaces shall be
given a tack coat of bituminous material before placing any fresh mixture against the
joint.
Longitudinal joints which are irregular, damaged, uncompacted, or otherwise defective
shall be cut back to expose a clean, sound surface for the full depth of the course. All
P-401-12
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contact surfaces shall be given a tack coat of bituminous material prior to placing any
fresh mixture against the joint.
MATERIAL ACCEPTANCE
401-5.1 ACCEPTANCE SAMPLING AND TESTING. Unless otherwise specified, all
acceptance sampling and testing necessary to determine conformance with the
requirements specified in this section will be performed by the Engineer at no cost to the
Contractor. Testing organizations performing these tests shall meet the requirements of
ASTM 0 3666. All equipment in Contractor furnished laboratories shall be calibrated by
the testing organization prior to the start of operations.
a. Plant-Produced Material. Plant-produced material shall be tested for stability,
flow, and air voids on a lot basis. Sampling shall be from material deposited into trucks
at the plant or from trucks at the job site. A lot will consist of:
- one day's production not to exceed 2,000 tons, or
- a half day's production where a day's production is expected to consist of
between 2,000 and 4,000 tons, or
- similar subdivisions for tonnages over 4,000 tons.
Where more than one plant is simultaneously producing material for the job, the lot
sizes shall apply separately for each plant.
(1) Sampling. Each lot will consist of four equal sublots. Sufficient material for
preparation of test specimens for all testing will be sampled by the Engineer on a
random basis, in accordance with the procedures contained in ASTM 0 3665. One set
of laboratory compacted specimens will be prepared for each sublot in accordance with
ASTM 0 1559, paragraph 4.5, at the number of blows required by paragraph 401-3.2,
Table 1. Each set of laboratory compacted specimens will consist of three test portions
prepared from the same sample increment.
The sample of bituminous mixture shall be put in a covered metal tin and placed in an
oven for not less than 30 minutes nor more than 60 minutes to stabilize to compaction
temperature. The compaction temperature of the specimens should be as specified in
the job mix formula.
(2) Testing. Sample specimens shall be tested for stability and flow in
accordance with ASTM 0 1559, paragraph 5. Air voids will be determined by the
Engineer in accordance with ASTM 0 3203.
Prior to testing, the bulk specific gravity of each test specimen shall be measured by the
Engineer in accordance with ASTM 0 2726 using the procedure for laboratory-prepared
P-401-13
Revised per AIC Chng 12
thoroughly dry specimens, or ASTM 0 1188, whichever is applicable, for use in
computing air voids and pavement density.
For air voids determination, the theoretical maximum specific gravity of the mixture shall
be measured for each sublot in accordance with ASTM 0 2041, Type C, 0, or E
container. The value used in the air voids computation for each sublot shall be based
on the maximum specific gravity measurement for the sublot.
The stability and flow for each sublot shall be computed by averaging the results of all
test specimens representing that sublot.
(3) Acceptance. Acceptance of plant produced material for stability, flow, and
air voids shall be determined by the Engineer in accordance with the requirements of
paragraph 401-5.2b.
b. Field Placed Material. Material placed in the field shall be tested for mat and
joint density on a lot basis.
(1) Mat Density. The lot size shall be the same as that indicated in paragraph
401-5.1.a and shall be divided into four equal sublots. One core of finished, compacted
materials shall be taken by the Contractor from each sublot. Core locations will be
determined by the Engineer on a random basis in accordance with procedures
contained in ASTM 0 3665. Cores shall not be taken closer than one foot from a
transverse or longitudinal joint.
(2) Joint Density. The lot size shall be the total length of longitudinal joints
constructed by a lot of material as defined in paragraph 401-5.1 a. The lot shall be
divided into four equal sublots. One core of finished, compacted materials shall be
taken by the Contractor from each sublot. Core locations will be determined by the
Engineer on a random basis in accordance with procedures contained in ASTM 0 3665.
(3) Sampling. Samples shall be neatly cut with a core drill. The cutting edge
of the core drill bit shall be of hardened steel or other suitable material with diamond
chips embedded in the metal cutting edge. The minimum diameter of the sample shall
be three inches. Samples that are clearly defective, as a result of sampling, shall be
discarded and another sample taken. The Contractor shall furnish all tools, labor, and
materials for cutting samples and filling the cored pavement. Cored holes shall be filled
in a manner acceptable to the Engineer and within one day after sampling.
(4) Testing. The bulk specific gravity of each cored sample will be measured
by the Engineer in accordance with ASTM 0 2726 or ASTM 0 1188, whichever is
applicable. The percent compaction (density) of each sample will be determined by
dividing the bulk specific gravity of each sublot sample by the average bulk specific
gravity of all laboratory prepared specimens for the lot, as determined in paragraph
401-5.1 a(2).
P-401-14
Revised per Ale Chng 12
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(5) Acceptance. Acceptance of field placed material for mat density will be
determined by the Engineer in accordance with the requirements of paragraph
401-5.2c. Acceptance for joint density will be determined in accordance with the
requirements of paragraph 401-5.2d.
c. Partial Lots - Plant-Produced Material. When operational conditions cause a
lot to be terminated befor-e the specified number of tests have been made for the lot, or
'when the Contractor and Engineer agree in writing to allow' overages or other minor
tonnage placements to be considered as partial lots, the following procedure will be
used to adjust the lot size and the number of tests for the lot.
The last batch produced where production is halted will be sampled, and its properties
shall be considered as representative of the particular sublot from which it was taken.
Where three sublots are produced, they shall constitute a lot. Where one or two sublots
are produced, they shall be incorporated into the next lot, and the total number of
sublots shall be used in the acceptance plan calculation, Le., n = 5 or n = 6, for
example.
d. Partial Lots - Field Placed Material. The lot size for field placed material shall
correspond to that of the plant material, except that, in no cases, less than (3) cored
samples shall be obtained for the acceptance plan calculations, Le., n = 3.
401-5.2 ACCEPTANCE CRITERIA.
a. General. Acceptance will be based on the following characteristics of the
bituminous mixture and completed pavement as well as the implementation of the
Contractor's Quality Control plan and test results:
(1) Stability
(2) Flow
(3) Air voids
(4) Mat density
(5) Joint density
(6) Thickness
(7) Smoothness
(8) Grade
Stability, flow, air voids, mat density, and joint density will be evaluated for acceptance
on a lot basis using the method of estimating percentage of material within specification
limits (PWL). Acceptance using PWL considers the variability (standard deviation) of
the material and the testing procedures, as well as the average (mean) value of the test
results to calculate the percentage of material that is above the lower specification
tolerance limit (L) or below the upper specification tolerance limit (U).
Thickness will be evaluated by the Engineer for compliance in accordance with
paragraph 401-S.2.f(4). Acceptance for smoothness will be based on the criteria
contained in paragraph 401-5.2f(5). Acceptance for grade will be based on the criteria
contained in paragraph 401-5.2f(6).
The Engineer may at any time, n'ot withstanding previous plant acceptance, reject and
require the Contractor to dispose of any batch of bituminous mixture which is rendered
P-401-15
Revised per AlC Chng 12
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unfit for use due to contamination, segregation, incomplete coating of aggregate, or
improper mix temperature. Such rejection may be based on only visual inspection or
temperature measurements. In the event of such rejection, the Contractor may take a
representative sample of the rejected material in the presence of the Engineer, and, if it
can be demonstrated in the laboratory, in the presence of the Engineer, that such
material was erroneously rejected, payment will be made for the material at the contract
unit price.
b. Stability, Flow, and Air Voids. Evaluation for acceptance of each lot of plant-
produced material for stability, flow, and air voids shall be based on PWL. The
Contractor shall target production quality to achieve 90 PWL or higher.
c. Mat Density. Evaluation for acceptance of each lot of in-place pavement for mat
density shall be based on PWL. The Contractor shall target production quality to
achieve 90 PWL or higher.
d. Joint Density. Evaluation for acceptance of each lot of in-place pavement for
joint density shall be based on PWL. The Contractor shall target production quality to
achieve 90 PWL or higher.
e. Percentage of Material Within Specification Limits (PWL). The percentage
of material within specification limits (PWL) shall be determined in accordance with
procedures specified in Section 110 of the General Provisions. The specification
tolerance limits (L) and (U) are contained in Table 5.
f. Acceptance Criteria.
(1) Mat Density and Air Voids. If the PWL of the lot equals or exceeds 90
percent, the lot shall be acceptable. Acceptance and payment for the lot shall be
determined in accordance with paragraph 401-8.1.
(2) Stability and Flow. If the PWL of the lot equals or exceeds 90 percent, the
lot shall be acceptable. If the PWL is less than 90 percent, the Contractor shall
determine the reason and take corrective action. If the PWL is below 80 percent, the
Contractor must stop production and make adjustments to the mix.
(3) Joint Density. If the PWL of the lot equals or exceeds 90 percent, the lot
shall be acceptable. If the PWL is less than 90 percent, the Contractor shall evaluate
the method of compacting joints. If the PWL is below 80 percent, the Contractor shall
stop production until the reason for poor compaction can be determined.
(4) Thickness. Thickness shall be evaluated for compliance by the Engineer to
the requirements shown on the plans. Measurements of thickness shall be made by the
Engineer using the cores extracted for each sublot for density measurement.
(5) Smoothness. The finished surfaces of the pavement shall not vary more
than 1/4 inch for the surface course. Each lot shall be evaluated with a 12-foot
P-401-16
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straightedge. The lot size shall be 2000 square yards. Measurements will be made
perpendicular and parallel to the centerline at distances not to exceed 50 feet. When
more than 15 percent of all measurements within a lot exceed the specified tolerance,
the Contractor shall remove the deficient area and replace with new material. Sufficient
material shall be removed to allow at least one inch of asphalt concrete to be placed.
Skin patching shall not be permitted. High points may be ground off.
(6) Grade. The finished surface of the pavement shall not vary from the
gradeline elevations and cross sections shown on the plans by more than 1/2 inch. The
finished grade of each lot will be determined by running levels at intervals of 50 feet or
less longitudinally and transversely to determine the elevation of the completed
pavement. The lot size shall be 2000 square yards. When more than 15 percent of all
the measurements within a lot are outside the specified tolerance, the Contractor shall
remove the deficient area and replace with new material. Sufficient material shall be
removed to allow at least one inch of asphalt concrete to be placed. Skin patching for
correcting low areas shall not be permitted. High points may be ground off.
g. Outliers. All individual tests for mat density and air voids shall be checked for
outliers (test criterion) in accordance with ASTM E 178, at a significance level of
5 percent. Outliers shall be discarded, and the PWL shall be determined using the
remaining test values.
TABLE 5. ACCEPTANCE LIMITS STABILITY, FLOW, AIR VOIDS, DENSITY
Test Property Pavements Designed for Aircraft Gross Weights Less
Than 60,000 Lbs. or Tire Pressures L~ss Than 100 Psi
Number of Blows 50
Specification Tolerance Limit
L U
Stability, pounds 1000 ---
Flow, 0.01 in. 8 20
Air Voids Total Mix, percent 2 5
Mat Density, percent 96.3
Joint Density, percent 93.3 ---
401-5.3 RESAMPLlNG PAVEMENT
a. General. Resampling of a lot of pavement for mat density will be allowed if the
Contractor requests, in writing, within 48 hours after receiving the written test results
from the Engineer. A retest will consist of all the sampling and testing procedures
P-401-17
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contained in paragraphs 401-5.1 band 401-5.2c. Only one resampling per lot will be
permitted.
(1) A redefined PWL shall be calculated for the resampled lot. The number of
tests used to calculate the redefined PWL shall include the initial tests made for that lot
plus the retests.
(2) The cost for resampling and retesting shall be borne by the Contractor.
b. Payment for Resampled Lots. The redefined PWL for a resampled lot shall be
used to calculate the payment for that lot in accordance with Table 6.
c. Outliers. If the tests within a lot indude a very large or a very small value which
appears to be outside the normal limits of variation, check for an outlier in accordance
with ASTM E 178, at a significance level of 5 percent, to determine if this value should
be discarded when computing the PWL.
401-5.4 LEVELING COURSE. Any course used for truing and leveling shall meet the
requirements of paragraph 401-3.2 and 5.2b, but shall not be subject to the density
requirements of paragraph 401-5.2c and d. The leveling course shall be compacted
with the same effort used to achieve dens-ity of the test section. The truing and leveling
course shall not exceed a nominal thickness of 1-1/2 inches.
CONTRACTOR QUALITY CONTROL
401-6.1 GENERAL. The Contractor shall develop a Quality Control Program in
accordance with Section 100 of the General Provisions. The program shall address all
elements which effect the quality of the pavement including, but not' limited to:
a. Mix Design f. Mixing and Transportation
b. Aggregate Grading g. Placing and Finishing
c. Quality of Materials h. Joints
d. Stockpile Management i. Compaction
e. Proportioning j. Surface smoothness
401-6.2 TESTING LABORATORY. The Contractor shall provide a fully equipped
asphalt laboratory located at the plant or job site. It shall be available for joint use by
the Contractor for quality control testing and by the Engineer for acceptance testing and
must have adequate equipment for the performance of the tests required by these
specifications. The Engineer shall have priority in use of the equipment necessary for
acceptance testing.
The effective working area of the laboratory shall be a minimum of 150 square feet with
a ceiling height of not less than 7.5 feet. Lighting shall be adequate to illuminate all
P-401-18
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working areas. It shall be equipped with heating and air conditioning units to maintain a
temperature of 70 degrees F + 5 degrees.
Laboratory facilities shall be kept clean and all equipment shall be maintained in proper
working condition. The Engineer shall be permitted unrestricted access to inspect the
Contractor's laboratory facility and witness quality control activities. The Engineer will
advise the Contractor in writing of any noted deficiencies concerning the laboratory
o facility, equipment, supplies, or testing personnel and procedures. When the
deficiencies are serious enough to be adversely affecting test results, the incorporation
of the materials into the work shall be suspended immediately and will not be permitted
to resume until the deficiencies are satisfactorily corrected.
401-6.3 QUALITY CONTROL TESTING. The Contractor shall perform all quality
control tests necessary to control the production and construction processes applicable
to these specifications and as set forth in the Quality Control Program. The testing
program shall include, but not necessarily limited to, tests for the control of asphalt
content, aggregate gradation, temperatures, aggregate moisture, field compaction, and
surface smoothness. A Quality Control Testing Plan shall be developed as part of the
Quality Control Program.
a. Asphalt Content. A minimum of two extraction tests shall be performed per lot
in accordance with ASTM 0 2172 or ASTM 0 6307 for determination of asphalt content.
The weight of ash portion of the extraction test, as described in ASTM 0 2172, shall be
determined as part of the first extraction test performed at the beginning of plant
production; and as part of every tenth extraction test performed thereafter, for the
duration of plant production. The last weight of ash value obtained shall be used in the
calculation of the asphalt content for the mixture.
The use of the nuclear method for determining asphalt content in accordance with
ASTM 0 4125 is permitted, provided that it is calibrated for the specific mix being used.
b. Gradation. Aggregate gradations shall be determined a minimum of twice per
lot from mechanical analysis of extracted aggregate in accordance with AASHTO T 30
and ASTM C 136 (Dry Sieve). When asphalt content is determined by the nuclear
method, aggregate gradation shall be determined from hot bin samples on batch plants,
or from the cold feed on drum mix or continuous mix plants, and tested in accordance
with ASTM C 136 (dry sieve) using actual batch weights to determine the combined
aggregate gradation of the mixture.
c. Moisture Content of Aggregate. The moisture content of aggregate used for
production shall be determined a minimum of once per lot in accordance with ASTM C
566.
d. Moisture Content of Mixture. The moisture content of the mixture shall be
determined once per lot in accordance with ASTM 0 1461.
P-401-19
Revised per AlC Chng 12
Revised per AlC Chng 12
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e. Temperatures. Temperatures shall be checked, at least four times per lot, at
necessary locations to determine the temperatures of the dryer, the bitumen in the
storage tank, the mixture at the plant, and the mixture at the job site.
f. In-Place Density Monitoring. The Contractor shall conduct any necessary
testing to ensure that the specified density is being achieved. A nuclear gauge may be
used to monitor the pavement density in accordance with ASTM 0 2950.
g. Additional Testing. Any additional testing that the Contractor deems necessary
to control the process may be performed at the Contractor's option.
h. Monitoring. The Engineer reserves the right to monitor any or all of the above
testing.
401-6.4 SAMPLING. When directed by the Engineer, the Contractor shall sample and
test any material which appears inconsistent with similar material being sampled, unless
such material is voluntarily removed and replaced or deficiencies corrected by the
Contractor. All sampling shall be in accordance with standard procedures specified.
401-6.5 CONTROL CHARTS. The Contractor shall maintain linear control charts both
for individual measurements and range (Le., difference between highest and lowest
measurements) for aggregate gradation and asphalt content.
Control charts shall be posted in a location satisfactory to the Engineer and shall be
kept current. As a minimum, the control charts shall identify the project number, the
contract item number, the test number, each test parameter, the Action and Suspension
Limits applicable to each test parameter, and the Contractor's test results. The
Contractor shall use the control charts as part of a process control system for identifying
potential problems and assignable causes before they occur. If the Contractor's
projected data during production indicates a problem and the Contractor is not taking
satisfactory corrective action, the Engineer may suspend production or acceptance of
the material.
a. Individual Measurements. Control charts for individual measurements shall be
established to maintain process control within tolerance for aggregate gradation and
asphalt content. The control charts shall use the job mix formula target values as
indicators of central tendency for the following test parameters with associated Action
and Suspension Limits:
CONTROL CHART LIMITS FOR INDIVIDUAL MEASUREMENTS
Sieve
Action Limit
Suspension Limit
3/4 inch
1/2 inch
3/8 inch
0%
. +/-6%
6%
0%
+/-9%
+/-9%
P-40 1-20
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No.4
No. 16
No. 50
No. 200
Asphalt Content
+1-6%
+1-5%
+1-3%
+1-2%
+1-0.45%
+1-9%
+1-7.5%
+/-4.5%
+1-3%
+1-0.70%
b. Range. Control charts for range shall be established to control process
. variability for the test parameters and Suspension Limits listed below. The range shall
be computed for each lot as the difference between the two test results for each control
parameter. The Suspension Limits specified below are based on a sample size of n =
2. Should the Contractor elect to perform more than two tests per lot, the Suspension
Limits shall be adjusted by multiplying the Suspension Limit by 1.18 for n = 3 and by
1.27 for n = 4.
CONTROL CHART LIMITS BASED ON RANGE
(Based on n = 2)
Sieve
Suspension Limit
1/2 inch
3/8 inch
No.4
No. 16
No. 50
No. 200
Asphalt Content
11 percent
11 percent
11 percent
9 percent
6 percent
3.5 percent
0.8 percent
c. Corrective Action. The Quality Control Plan shall indicate that appropriate
action shall be taken when the process is believed to be out of tolerance. The Plan
shall contain sets of rules to gauge when a process is out of control and detail what
action will be taken to bring the process into control. As a minimum, a process shall be
deemed out of control and production stopped and corrective action taken, if:
(1) One point falls outside the Suspension Limit line for individual
measurements or range; or
(2) Two points in a row fall outside the Action Limit line for individual
measurements.
METHOD OF MEASUREMENT
401-7.1 MEASUREMENT. Plant mix bituminous concrete pavement shall be
measured by the number of tons of bituminous mixture used in the accepted work.
Recorded batch weights or truck scale weights will be used to determine the basis for
the tonnage.
P-401-21
Revised per AlC Chng 12
Revised per AlC Chng 12
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BASIS OF PAYMENT
401-8.1 PAYMENT. Payment for an accepted lot of bituminous concrete pavement
shall be made at the contract unit price per ton for bituminous mixture adjusted
according to paragraph 401-8.1 a, subject to the limitation that:
The total project payment for plant mix bituminous concrete pavement shall not
exceed 100 percent of the product of the contract unit price and the total number
of tons of bituminous mixture used in the accepted work (See Note 2 under Table
6).
The price shall be compensation for furnishing all materials, for all preparation, mixing,
and placing of these materials, and for all labor, equipment, tools, and incidentals
necessary to complete the item.
a. Basis of Adjusted Payment. The pay factor for each individual lot shall be
calculated in accordance with Table 6. A pay factor shall be calculated for both mat
density and air voids. The lot pay factor shall be the higher of the two values when
calculations for both mat density and air voids are 100 percent or higher. The lot pay
factor shall be the product of the two values when only one of the calculations for either
mat density or air voids is 100 percent or higher. The lot pay factor shall be the lower of
the two values when calculations for both mat density and air voids are less than
100 percent.
TABLE 6. PRICE ADJUSTMENT SCHEDULE 1
Percentage of Material Within
Specification Limits (PWL)
Lot Pay Factor (Percent of Contract
Unit Price)
96 - 100
90 - 95
75 - 89
55 - 74
Below 55
106
PWL + 10
0.5PWL + 55
1.4PWL-12
Reject 2
1 ALTHOUGH IT IS THEORETICALLY POSSIBLE TO ACHIEVE A PAY FACTOR
OF 106 PERCENT FOR EACH LOT, ACTUAL PAYMENT ABOVE 100
PERCENT SHALL BE SUBJECT TO THE TOTAL PROJECT PAYMENT
LIMITATION SPECIFIED IN PARAGRAPH 401-8.1.
2 The lot shall be removed and replaced. However, the Engineer may decide to
allow the rejected lot to remain. In that case, if the Engineer and Contractor
agree in writing that the lot ~hall not be removed, it shall be paid for at 50 percent
of the contract unit price AND THE TOTAL PROJECT PAYMENT LIMITATION
P-401-22
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SHALL BE REDUCED BY THE AMOUNT WITHHELD FOR THE REJECTED
LOT.
For each lot accepted, the adjusted contract unit price shall be the product of the lot pay
factor for the lot and the contract unit price. Payment shall be subject to the total
project payment limitation specified in paragraph 501-8.1. Payment in excess of 100
percent for accepted lots of bituminous concrete pavement shall be used to offset
, payment for accepted lots of bituminous concrete pavement that achieve a lot pay
factor less than 100 percent.
b. Payment. Payment will be made under:
Item P-401- Bituminous Surface course--per ton
TESTING REQUIREMENTS
ASTM C 29
ASTM C 88
Unit Weight of Aggregate
Soundness of Aggregates by Use of Sodium Sulfate or
Magnesium Sulfate
Test Method for Materials Finer than 75-um (No.200) Sieve in
Mineral Aggregates by Washing
Resistance to Abrasion of Small Size Coarse Aggregate by
Use of the Los Angeles Machine
Sieve or Screen Analysis of Fine and Coarse Aggregates
Sampling Hydraulic Cement
Total Moisture Content of Aggregate by Drying
Sampling Aggregates
Requirements for Mixing Plants for Hot-Mixed Hot-Laid
Bituminous Paving Mixtures
Bulk Specific Gravity of Compacted Bituminous Mixtures
Using Paraffin-Coated Specimens
Moisture or Volatile Distillates in Bituminous Paving Mixtures
Resistance to Plastic Flow of Bituminous Mixtures Using
Marshall Apparatus
Theoretical Maximum Specific Gravity and Density of
Bituminous Paving Mixtures
Quantitative Extraction of Bitumen from Bituminous Paving
Mixtures
Sand Equivalent Value of Soils and Fine Aggregate
Degree of Particle Coating of Bituminous-Aggregate Mixtures
Bulk Specific Gravity of Compacted Bituminous Mixtures
Using Saturated Surface-Dry Specimens
Percent Air Voids in Compacted Dense and Open Bituminous
Paving Mixtures
Density of Bituminous Concrete in Place by Nuclear Method
Random Sampling of Paving Materials
ASTM C 117
ASTM C 131
ASTM C 136
ASTM C 183
ASTM C 566
ASTM 0 75
ASTM 0 995
ASTM 0 118
ASTM D 1461
ASTM D 1559
ASTM 0 2041
ASTM 02172
ASTM 02419
ASTM 0 2489
ASTM 0 2726
ASTM 0 3203
ASTM 0 2950
ASTM 0 3665
P-40 1-23
Revised per AlC Chng 12
ASTM 0 3666
ASTM 04125
ASTM 04318
ASTM 04791
ASTM 0 4867
, ASTM 0 6307
ASTM E 178
AASHTO T 30
The Asphalt Institute's
Manual No.2 (MS-2)
The Asphalt Institute's
Manual No. 20 (MS-20)
Inspection and Testing Agencies for Bituminous Paving
Materials
Asphalt Content of Bituminous Mixtures by the Nuclear
Method
Liquid Limit, Plastic Limit, and Plasticity Index of Soils
Flat or Elongated Particles in Coarse Aggregate
Effect of Moisture on Asphalt Concrete Paving Mixtures
Asphalt Content of Hot Mix Asphalt by Ignition Method.
Practice for Dealing With Outlying Observations
Mechanical Analysis of Extracted Aggregate
Mix Design Methods for Asphalt Concrete
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Hot-Mix Recycling
MATERIAL REQUIREMENTS
ASTM 0 242
ASTM 0 946
ASTM 0 3381
ASTM 0 4552
Mineral Filler for Bituminous Paving Mixtures
Asphalt Cement for Use in Pavement Construction
Viscosity-Graded Asphalt Cement for Use in Pavement Construction
Classifying Hot-Mix Recycling Agents
END OF P-401
P-401-24
Revised per A/C Chng 12
14
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ITEM P-603
BITUMINOUS TACK COAT
DESCRIPTION
603-1.01 This item shall consist of preparing and treating a bituminous or concrete
surface with bituminous material in accordance with these specifications and in
reasonably close conformity to the lines shown on the plans.
MATERIALS
603-2.01 BITUMINOUS MATERIALS The bituminous material shall be either cutback
asphalt, emulsified asphalt, or tar and shall conform to the requirements of Table 1. The
type, grade, controlling specification, and application temperature of bituminous material
to be used shall be specified by the Engineer.
TABLE 1. BITUMINOUS MATERIAL
Type and Grade
Application Temperature
Deg.F Deg.C
Specification
Emulsified Asphalt
SS-1,SS-1h
CSS-1, CSS-1 h
Cutback Asphalt
RC-70'
Tar
RTcB 5, RTCB 6
ASTM 0 977
ASTM 0 2397
75-130
75-130
25-55
25-55
ASTM 0 2028
120-160
50-70
AASHTO M 52
60-120
15-50
CONSTRUCTION METHODS
603-3.01 WEATHER LIMITATIONS The tack coat shall be applied only when the
existing surface is dry and the atmospheric temperature is above 60 F (15 C). The
temperature requirements may be waived, but only when so directed by the Engineer.
603-3.02 EQUIPMENT The Contractor shall provide equipment for heating and applying
the bituminous material.
The distributor shall be designed, equipped, maintained, and operated so that bituminous
material at even heat may be applied uniformly on variable widths of surface at the
specified rate. The allowable variation from the specified rate shall not exceed 10
percent. Distributor equipment shall include a tachometer, pressure gages,
volume-measuring devices or a calibrated tank, and a thermometer for measuring
temperatures of tank contents. The distributor shall be self-powered and shall be
P-603-1
P-603-2
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equipped with a power unit for the pump and full circulation spray bars adjustable laterally
and vertically.
A power broom and/or blower shall be provided for any required cleaning of the surface to
be treated.
603-3.03 APPLICATION OF BITUMINOUS MATERIAL Immediately before applying the
. tack coat, the full width of surface to be treated shall be swept with a power broom and/or
airblast to remove all loose dirt and other objectionable material.
Emulsified asphalt shall be diluted by the addition of water when directed by the Engineer
and shall be applied a sufficient time in advance of the paver to ensure that all water has
evaporated before any of the overlying mixture is placed on the tacked surface.
The bituminous material including vehicle or solvent shall be uniformly applied with a
bituminous distributor at the rate of 0.05 to 0.15 gallons per square yard (0.24 to 0.72
liters per square meter) depending on the condition of the existing surface. The type of
bituminous material and application rate shall be approved by the Engineer prior to
application.
Following the application, the surface shall be allowed to cure without being disturbed for
such period of time as may be necessary to permit drying out and setting of the tack
coat. This period shall be determined by the Engineer. The surface shall then be
maintained by the Contractor until the next course has been placed. Suitable precautions
shall be taken by the Contractor to protect the surface against damage during this
interval.
603-3.04 BITUMINOUS MA TERIAL-CONTRAcTOR'S RESPONSIBILITY Samples of
the bituminous material that the Contractor proposes to use, together with a statement as
to its source and character, m.ust be submitted and approved befo~e use of such material
begins. The Contractor shall require the manufacturer or producer of the bituminous
material to furnish material subject to this and all other pertinent requirements of the
contract. Only satisfactory materials so demonstrated by service tests, shall be
acceptable.
The Contractor shall furnish the vendor's certified test reports for each carload, or
equivalent, of bituminous material shipped to the project. The report shall be delivered to
the Engineer before permission is granted for use of the material. The furnishing of the
vendor's certified test report for the bituminous material shall not be interpreted as a basis
for final acceptance. All such test reports shall be subject to verification by testing
samples of material received for use on the project.
603-3.05 FREIGHT AND WEIGH BILLS Before the final estimate is allowed, the
Contractor shall file with the Engineer receipted bills when railroad shipments are made,
and certified weigh bills when materials are received in any other manner, of the
bituminous materials actually used in the construction covered by the contract. The
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Contractor shall not remove bituminous material from the tank car or storage tank until the
initial outage and temperature measurements have been taken by the Engineer, nor shall
the car or tank be released until the final outage has been taken by the Engineer. Copies
of freight bills and weigh bills shall be furnished to the Engineer during the progress of the
work.
METHOD OF MEASUREMENT
603-4.01 The bituminous material for tack coat shall be measured by the[gallon. Volume
shall be corrected to the volume at 60 F (15 C) in accordance with ASTM 0 1250 for
cutback asphalt, ASTM 0 633 for tar, and Table IV-3 of The Asphalt Institute's Manual
MS-6 for emulsified asphalt. Water added to emulsified asphalt will not be measured for
payment.
BASIS OF PAYMENT
603.5-1 Payment shall be made at the contract unit price per gallon of bituminous
material. This price shall be full compensation for furnishing all materials, for all
preparation, delivery, and application of these materials, and for all labor, equipment,
tools, and incidentals necessary to complete the item.
Payment will be made under:
Item P-603 Bituminous Tack Coat--per gallon
MATERIAL REQUIREMENTS
ASTM 0633 Volume Correction Table for Road Tar
ASTM 0 977 Emulsified Asphalt
ASTM 0 1250 Petroleum Measurement Tables
ASTM 02028 Liquid Asphalt (Rapid-Curing Type)
ASTM 0 2397 Cationic Emulsified Asphalt
AASHTO M 52 Tar for Use in Road Construction
Asphalt Institute Temperature-Volume Corrections for Emulsified Asphalts
Manual MS-6
Table IV-3
END OF SECTION P-603
P-603-3
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ITEM P-620
TAXIWAY PAINTING
DESCRIPTION
620-1.01 This item shall consist of the painting of markings, and stripes on the surface of
runways and taxiways applied in accordance with these specifications and at the
locations shown on the plans, or as directed by the engineer.
MATERIALS
620-2.01 PAINT Paint shall meet the requirements of Fed. Spec. TT-P-1952.
620-2.02 REFLECTIVE MEDIA Glass spheres shall meet the requirements of Fed.
Spec. TT-B-1325, Type III, gradation A.
CONSTRUCTION METHODS
620-3.01 WEATHER LIMITATIONS The painting shall be performed only when the
surface is dry, when the atmospheric temperature is above 45 F, and when the weather is
not foggy or windy.
620-3.02 EQUIPMENT All equipment for the work shall be approved by the engineer
and shall include the apparatus necessary to properly clean the existing surface, a
mechanical marking machine, and such auxiliary hand-painting equipment as may be
necessary to satisfactorily complete the job.
The mechanical marker shall be an atomizing spray-type marking machine suitable for
application of traffic paint. It shall produce an even and uniform film thickness at the
required coverage and shall be designed so as to apply markings of uniform cross
sections and clear-cut edges without running or spattering.
620-3.03 PREPARATION OF SURFACE Immediately before application of the paint,
the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material
which would reduce the bond between the paint and the pavement. The area to be
painted shall be cleaned by sweeping and blowing or by other methods as required to
remove all dirt, laitance, and loose materials.
620-3.04 LAYOUT OF MARKINGS On those sections of pavement where no previously
applied markings are available to serve as a guide, the proposed markings shall be laid
out in advance of the paint application.
P-620-1
P-620-2
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620-3.05 APPLICATION Markings shall be applied at the locations and to the
dimensions and spacing shown on the plans. Paint shall not be applied until the layout
and condition of the surface have been approved by the engineer.
The paint shall be mixed in accordance with the manufacturer's instructions and applied
to the pavement with a marking machine at the rate of 100 to 110 square feet per gallon.
The addition of thinner will not be permitted. A period of 24 hours shall elapse between
placement of a bituminous surface course or seal coat and application of the paint.
The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet,
and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass spheres
shall be distributed to the surface of the marked areas immediately after application of the
paint. A dispenser shall be furnished which is properly designed for attachment to the
marking machine and suitable for dispensing glass spheres. The spheres shall be
applied at the rate of 10 pounds per gallon of paint.
The contractor shall furnish certified test reports for the materials shipped to the project.
The reports shall not be interpreted as a basis for final acceptance. The contractor shall
notify the engineer upon arrival of a shipment of paint to the job site. All emptied
containers shall be returned to the paint storage area for checking by the engineer. The
containers shall not be removed from the airport or destroyed until authorized by the
engineer.
620-3.06 PROTECTION After application of the paint, all markings shall be protected
from damage until the paint is dry. All surfaces shall be protected from disfiguration by
spatter, splashes, spillage, or drippings of paint.
METHOD OF MEASUREMENT
620-4.01 The quantity of runway and taxiway markings to be paid for shall be the number
of square feet of marking performed in accordance with the specifications and accepted
by the engineer.
BASIS OF PAYMENT
Payment shall be made at the contract unit price per square foot for runway and taxiway
painting. This price shall be full compensation for furnishing all materials and for all labor,
equipment, tools, and incidentals necessary to complete the item.
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Payment will be made under:
Item P-620 - Aviation White, Pavement Marking-per square foot
Item P-620 - Aviation Yellow, Pavement Marking - per square foot.
. NOTE: Removal of pavement marking required for Schedule B shall be incidental to item
for Aviation Yellow, Pavement Marking. No separate payment shall be made for removal
of existing markings.
MATERIAL REQUIREMENTS
Fed.Spec. TT-P-85 Paint, Traffic, and Airfield Marking, Solvent Base
Fed.Spec. TT-P-1952 Paint, Traffic and Airfield Marking, Water Emulsion Base
Fed.Spec. TT-P-110 Paint, Traffic Black (Nonreflectorized)
Fed.Spec. TT-B-1325 Beads (Glass Spheres) Retroreflective
END OF ITEM P-620
P-620-3
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ITEM 5-180
PAVEMENT MILLING
DESCRIPTION
180-1.01 The work shall consist of milling bituminous pavements in accordance with
these specifications and at locations and typical sections indicated on the drawings, or as
directed by the Engineer.
EQUIPMENT
180-2.01 COLD MILLING MACHINE Shall be a self-propelled pavement profiler with
sufficient power, traction, and stability to cold mill bituminous pavements. The milling
machine shall be equipped with grade and slope control systems which will automatically
control the longitudinal profile and cross slope of the milled surface to an accuracy of ~
1/8-inch by the use of one or more sensors. The machine shall be capable of leaving a
uniform surface without damage to the underlying pavement structure. The gross weight
of the machine shall be sized and distributed to avoid overstressing or damaging the
existing pavement structure or subgrade to remain. Conveyors shall be provided to
transfer the milled material from the pavement to a truck.
180-2.02 DUST CONTROL The milling equipment shall be provided with dust control
devices as needed to meet local, State, and Federal pollution control regulations.
180-2.03 MISCELLANEOUS Provide power brooms, hand brooms, shovels,
vacuums, and other equipment as needed for final cleaning of milled surface and disposal
of debris.
CONSTRUCTION REQUIREMENTS
180-3.01 MILLING OPERATION The existing pavement shall be milled to the
indicated profile and cross section at the locations shown on the drawings. The
Contractor may elect to make multiple cuts to achieve the depth of cut or cross slope
required by the drawings.
180-3.02 GRADE CONTROL The profile and cross slope of the milled surface shall
be established by string lines and an automatic cross slope control mechanism. The
milled pavement surface will be subject to visual and straightedge inspection. A 1 Q-foot
straightedge shall be maintained in the vicinity of the milling operation at all times for the
purpose of measuring surface irregularities of the milled pavement surface. The straight
edge and labor for its use shall be provided by the Contractor. All longitudinal
irregularities in excess of 1/8-inch in 10 feet shall be remilled at no additional cost to the
Owner, including the cost of any leveling material that may be needed.
S-180-1
S-180-2
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The cross slope shall be uniform to a degree that no depressions or misalignment of
slope greater than 1/4-inch in 10 feet are present when tested with a straightedge placed
perpendicular to the centerline.
180-3.03 PROTECTION The milling operation shall proceed in such a manner as to
prevent damage to the underlying pavement structure, utilities, drainage structures, light
,fixtures, paved surfaces outside the milled area, and any other appurtenances. The
milled pavement surface shall be reasonably free of excessive scarification marks or
other damage as determined by the Engineer. Any leveling or patching required as a
result of negligence by the Contractor shall be repaired with hot asphalt plant mix at no
cost to the Owner and in a manner acceptable to the Engineer. Manholes, inlets, light
fixtures, utility lines, and other existing features damaged by the Contractor's operations
shall be repaired or replaced at the expense of the Contractor. The Engineer may require
re-milling any area where surface laminations or defects resulting from the Contractor's
operations cause a non-uniform surface.
180-3.04 CLEAN-UP The milled pavement surface shall be thoroughly cleaned of all
loose aggregate particles, dust, mill cuttings, and other objectionable material. Cuttings
not immediately picked up during milling and removal operations shall be promptly
removed by power brooming, vacuuming, blowing, or other means as necessary; this
clean-up shall be done before traffic or construction equipment is allowed to recompact
and rebond loose milling residue to the milled surface.
180-3.05 DUST AND HAZARD CONTROL The pavement removal operations shall
be conducted to effectively control within regulations the amount of dust being emitted.
The operation shall be planned and conducted so that it is safe for persons and property
adjacent to the work including the traveling public. '
180-3.06 DISPOSAL The material removed by means of milling shall become the
property of the Contractor and shall be disposed of off airport property in an approved
location.
METHOD OF MEASUREMENT
180-4.01 The quantity of milled bituminous pavements to be paid for will be the actual
number of square yards of milled pavement surface approved, completed, and accepted.
Milling in multiple cuts will be counted as one surface, not multiple surfaces.
BASIS OF PAYMENT
180-5.01 Milled pavement, measured as defined above, will be paid for at the contract
unit price bid per square yard. Such payment shall be full compensation for all work
covered by this section, including but not limited to milling the pavement, cleaning the
milled surface, loading, hauling, and disposal of all milled material and for all materials,
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labor, equipment, tools, and incidentals necessary for satisfactory performance of the
work.
Payment will be made under:
Item S-180 Pavement Milling
per Square Yard
END OF ITEM S-180
S-180-3
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SECTION 408
JOINT AND CRACK CLEANING AND SEALING
408.01 GENERAL: This item shall consist of applying herbicide and soil
sterilant chemicals: routing, cleaning, placing filler material and sealing of cracks
in asphalt pavements; and removing existing sealant, cleaning, placing backer
rod and sealing joints in Portland Cement Concrete pavements, plus the routing
and sealing of random cracks in Portland Cement Concrete pavements in
accordance with project details and instructions from the Engineer.
408.02 MATERIALS: The materials to be used and the governing specifications
are as follows:
A. Herbicide and Soil Sterilant Chemicals: The herbicide and soil sterilant
shall be a mixture containing one chemical from each of the following
groups (except where noted):
GROUP COMMON NAME QTY OF ACTIVE
INGREDIENT REQUIRED
1 Dalapon 10 Ibs. per acre
Glyphosate 3lbs. Per acre
2 Bromacil 6 Ibs. per acre
Prometon 20 Ibs. per acre
Hexazinone 6 Ibs. per acre
3 A non-ionic surfactant 2 qts. Per 100 gals.
containing poloxyethylene sprayable mixture
ether
Listed below are trade names and rates of products which will provide the quantity of
active ingredients required above. Similar chemicals will be acceptable when
approved by the laboratory.
TRADE NAMES
GROUP TRADE NAME RATE PER ACRE MANUFACTURER
1 Dowpon M. 13..5Ibs. Dow Chemical Co.
Agricultural Prod. Dept.
Midland, MI48650
Roundup* 3 qts. Monsanto Co. MAP
800 North Lindbergh
St. Louis, MO 63166
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1. Filler Material Alternative: In lieu of the filler (slurry) specified in B.
above, a single component, hot applied, elastically modified asphalt
sealant meeting ASTM 05078 specifications may be substituted at no
additional cost to the contract.
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2 Hyvar 7.5Ibs. E.1. DuPont DeNemours & Co.,
Hyvar X-L 3 gals. Inc.
Velpar 7lbs. Sales Order Center
Velpar L 3 gals. Biochemical Dept.
Wilmington, Delaware 19898
Pramitol 24E 10 gals. Ciba-Geigy Corp.
2 Pramitol 80% WP 251bs. Agricultural Division
Ontract WE-2 10 gals. Sawmill River Road
Ontract 800 251bs Ardsley, New York 10502
3 Wet Aid 2 qts. Per 100 gals. Woolfolk Chemical Works, Ltd.
sprayable mixture P. O. Box 938
Fort Valley, GA 31030
X-77 2 qts~ Per 100 gals. Chevron Chemical Co.
sprayable mixture Ortho Division
200 Bush Street
San Francisco, CA 94120
Surfactant WK 2 qts. Per 100 gals. E.!. DuPont DeNemours & Co., In(
sprayable mixture Sales Order Center
Biochemical Dept.
Wilmington, Delaware 19898
*When Roundup is used the surfactant (Group 3) may be deleted.
The chemicals shall be mixed at the specified rates using a minimum of 40 and a
maximum of 100
gallons of water per acre unless directed otherwise by the Engineer.
B. Filler Material: The filler material shall be a uniform mixture of fine sand, fly
ash, cement, emulsified asphalt, and water. Individual 'components of the
mixture shall meet the requirements of appropriate department
specifications. The components shall be proportioned to produce a
uniform mixture capable of being pumped or poured directly into cracks
and joints. The Contractor shall submit to the Office of Materials and
Research, for approval, a design mix. Samples of the individual
components shall also be sent to the Office of Materials and Research.
The approved design will be transmitted to the Engineer by the Office of
Materials and Research prior to the Contractor commencing work.
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C. Bond-Breaking Adhesive Tape and Backer Rod: Bond-breaking adhesive
tape and backer-rod shall be approved by the sealant manufacturer as
being compatible with the joint sealant.
D. Joint Sealant Material: The joint sealing materials shall conform to one or
more of the types listed below for all joints as specified by the Engineer.
1. ASTM 03405: Joint Sealants, Hot Poured, for Concrete and Asphalt
Pavements
2. Low Modulus Silicone Sealant: Silicone sealant shall be a one part
formulation and shall meet the requirements of Subsection 833.06 of
the Georgia Dept. of Transportation Standard and Supplemental
Specifications (for use on concrete pavements only).
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PREPARATION AND SEALING OF CRACKS IN ASPHALT PAVEMENTS
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408.03 EQUIPMENT: All equipment necessary for the proper
accomplishment of the work must have the approval of the Engineer both as to
type and mechanical condition before construction will be permitted to begin.
The Contractor shall at all times provide sufficient equipment to allow continuous
prosecution of the work and to insure equipment is capable of producing
satisfactory work in compliance with standards set forth by this provision. All
equipment shall be operated by experienced and capable workers.
The field installation equipment for hot poured joint sealant shall be capable of
producing and maintaining a homogenous mixture at a uniform temperature
without "hot or cool" spots in the mixture. The heating kettle shall be an indirect
heating type, constructed as a double boiler. A direct connecting pressure type
extruding device with nozzles shaped for insertion into the crack or joint shall be
provided.
Air compressors used for cleaning joints shall be equipped with suitable traps
capable of removing all surplus water and oil in the compressed air. The
compressor shall be capable of delivering compressed air at a continuous
pressure of at least 90 psi.
408.04 CONSTRUCTION:
A. Soil Sterilization: A minimum of two weeks prior to scheduling routing,
cleaning, filling and sealing of joints and cracks, the Contractor shall apply
a mixture of herbicide and soil sterilant chemicals to vegetated areas of
pavements. If, at the time the Contractor plans to start cleaning
operations, chemicals have not performed to the Engineer's satisfaction, a
second application of chemicals shall be applied and the cleaning
operations delayed until authorized by the Engineer. .
B. Routing: Cracks having an average width opening less than % inch shall
be routed to provide a minimum sealant reservoir of % inch wide and Y:z to
:x inch deep.
C. Cleaning: Joints and cracks containing visible soil and vegetation, joints
and cracks routed, and other joints and cracks as directed by the Engineer
shall be blown out using a power blower or air compressor to a depth
satisfactory to the Engineer. Joints and cracks shall be free of vegetation,
dirt, dust, moisture, and other foreign material. The pavement surface
shall be kept clean to avoid re-entry of soil or other foreign material into
the joints and cracks.
D. Filling: After joints and cracks have been satisfactorily cleaned, the filler
material shall be pumped or poured into the joints and cracks having a
depth of one inch or greater. Normally cracks of this depth will be :x inch
or greater in width; however, joints greater than one inch in depth may be
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encountered with insufficient width to receive the filler material. These
joints shall be widened as required.
The joints or cracks shall be filled from the bottom to a level which will
provide a recess of approximately % inch below the pavement surface
after filler material has settled. The filler material shall be allowed
sufficient time to cure before joints and cracks are sealed. The Engineer
shall determine when material has sufficiently cured. Spillage or overflow
of material onto pavement surface shall be cleaned to the satisfaction of
the Engineer.
E.
Sealing: Joints and cracks shall be inspected for proper width, depth,
alignment and preparation, and must have the approval of the Engineer
before sealing is allowed. The pre-packaged sealant mixture shall be
placed in the field installation equipment and heated in accordance with
the manufacturer's recommendations. The sealant shall not be heated to
more than 200F below the safe heating temperature. The safe heating
temperature can be obtained from the manufacturer's shipping container.
The sealant shall be' applied uniformly at the manufacturer's
recommended application temperature from bottom of joint or crack
without formation of entrapped air or voids.
PREPARATION AND SEALING OF JOINTS AND CRACKS IN PCC
PAVEMENTS
Soil Sterilization: A minimum of two weeks prior to scheduled routing,
cleaning, filling and sealing of joints and cracks, the Contractor shall apply
a mixture of herbicide and soil sterilant chemicals to vegetated areas of
pavement. If, at the time the Contractor plans to start cleaning operations,
chemicals have not performed to the Engineer's satisfaction, a second
application of chemicals shall be applied by the Contractor and the
cleaning operations delayed until authorized by the Engineer.
Remove Existing Sealant: The existing sealant in the joints is to be
completely removed. The Contractor shall exercise utmost care in this
removal (and cleaning) operation to minimize damaging or excessively
enlarging the existing width of the joint. Any damaged areas are to be
repaired by the Contractor at no cost to the Department or Airport Owner.
Determine Depth of Joint: The depth of joint required shall be determined
to provide the specified recess depth, depth of sealant, and thickness of
backer-rod for the joint. (The thickness of the backer-rod will be greater
after squeezing it into the joint. Allow for this in determining depth of joint
required.) If necessary; the Contractor shall saw the existing joint deeper
and wider to provide the required depth and width of joint specified on the
plans.
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D.
Cleaning the Joint: The joint shall be thoroughly cleaned of all foreign
material (oil, asphalt, curing compound, sealant adhesive, paint, rust, etc.),
including existing sealant if still present. The Contractor shall demonstrate
to the Engineer that the proposed method of cleaning old sealants or
foreign material from joints shall not widen the joints by more than 0.04
inches. In addition, the method shall not alter the joint profile including
rounding on the top comer, or alter the texture of the concrete riding
surface. Cleaning of the joint using chemical agent shall not be allowed.
The cleaning process shall produce a new, clean concrete face on the
vertical faces of the joint.
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E.
Routing Random Cracks: Cracks having an average width opening less
than % inch shall be cut to allow for the specified recess depth. and depth
of sealant shown in details. Cracks where spalling has taken place shall
have all broken chunks of concrete removed before routing and then
routed in the valley of the spalled portion along the main crack.
F.
Installing Backer-Rod in Joint: Prior to placing the backer-rod, the joint
must be thoroughly dry and clean. Any necessary cleaning, air blasting or
air-drying shall be completed before placing backer-rod (and sealant). On
joints where backer-rod is to be installed, a round backer-rod of resilient
material, compatible with the joint sealant, and slightly oversized to
prevent movement during the sealing will be installed in the joint at the
depth specified on the appropriate joint detail in the plans. (The thickness
of the backer-rod will be greater after squeezing it into the joint and some
"rebound" may occur. Allowance must be made for this to insure placing
at correct depth.) On joints wider than one inch, a back-up material cut
from an approved resilient material, compatible with the joint sealant, may
be used to fit properly into the joint
G.
Installing Joint Sealant: Joints shall be sealed as soon after completion of
joint preparation and installation of backer-rod as reasonably possible to
insure that joint is still clean and dry. Prior to sealing, joints shall be
inspected for proper width, depth, alignment, and preparation, and shall be
approved by the Engineer.
In the event the joint becomes contaminated, damp, or wet, the backer-rod
is to be removed, the joint cleaned and dried, and a new backer-rod
reinstalled prior to placing the sealant material..
Sealing of joints and cracks shall not be allowed when the joint or crack is
not thoroughly dry or rain is imminent or when the temperature of the
pavement surface and air is below 400F.
1. ASTM 03405 - Joint Sealants, Hot Poured for Concrete and Asphalt
Pavement: The prepackaged sealant mixture shall be placed in the
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field installation equipment and heated in accordance with
manufacturer's recommendations. The sealant shall not be heated to
more than 200F below the safe heating temperature. The safe heating
temperature can be obtained from the manufacturer's shipping
container. The sealant shall be applied uniformly at the manufacturer's
recommended application temperature from bottom of joint or crack
without formation of entrapped air or voids. Sufficient amounts of
sealant shall be placed into the joints so that upon completion of the
work, the sealant shall be at the specified depth. The Contractor shall
"spot up" or refill all unsatisfactory joints or cracks. Any excess sealant
on the surface of the pavement shall be .removed leaving the surface in
a clean condition.
If the sealant material indicates any tendency to pick up under traffic,
the sealed joints and cracks shall be sanded. After the sealant
material has cured, all sand shall be removed so that the surface is
clean.
2. Low Modulus Silicone Sealant: The silicone sealant shall be pumped
directly into the joint by use of an air-powered pump. The pump shall
be of sufficient capacity to deliver the necessary volume of material to
completely fill the joint to the specified width and height of sealant in
one pass. The nozzle shall be of sufficient size and shape to closely fit
into the joint with sufficient pressure to prevent voids occurring in the
sealant and to force the sealant into contact with the joint faces.
Immediately after placement and before a skin forms, the sealant shall
be tooled to provide the specified recess depth, thickness and snape of
sealant as shown on the plans. Sufficient force .or pressure shall be
applied to the sealant in this tooling operation to force the sealant
against the joint faces to insure satisfactory wetting and bonding of the
sealant to the joint faces. (The silicone sealant is not self-leveling and
will not position itself correctly in the joint under its own weight.) The
sealant shall be placed in reasonably close conformity with the
dimensions and shape shown on the plans. Any unreasonable
deviation will be cause for rejection and necessary corrective action
will be taken by the Contractor.
H. Cleaning Pavement: After a joint has been sealed, all surplus sealant or
other residue on the pavement surfaces shall be promptly removed.
408.05 FIELD TEST: Prior to full production, the Contractor shall
demonstrate that the equipment and procedures for preparing, mixing, and
placing the sealant will produce a satisfactorily sealed joint. The area for the field
test shall be designated by the Engineer and shall be not less than 200 lineal
feet. The equipment, method of operation, and material used on the field test
shall be used on the remainder of the work.
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If the field test ,should prove to be unsatisfactory, the necessary correction to
material, equipment and/or procedures shall be made. Additional test sections
shall be placed and evaluated as required.
408.06 CERTIFICATION: Each lot or batch of sealing compound shall be
delivered to the job site in the manufacturer's original sealed container. Each
container shall be marked with the manufacturer's name, batch or lot number,
and the safe heating temperature and shall be accompanied by the
manufacturer's certification stating that the compound meets the requirements of
this special provision.
In addition to the certification, the manufacturer may be asked to furnish samples
of the sealant and/or copies of the test results to the Department's Office of
Materials and Research.
408.07 ACCEPTANCE: In addition to meeting the requirements of this
special provision, the manufacturer must also show evidence of successful field
installation and performance under similar environmental and project conditions.
Even though a sealant meets all requirements, failure to perform adequately in
actual use shall be just cause for rejection.
408.08 MEASUREMENT: Joints and cracks sealed in accordance with this
special provision and plan
Details will be measured in linear feet.*
408.09 PAYMENT: Payment shall be made at the contract price bid for
satisfactorily sterilizing, preparing, cleaning, routing, filling, sealing and sanding,
as required, of all specified cracks and joints. Such payment shall be full
compensation for furnishing all materials and for all labor, tools, equipment, and
incidentals necessary to perform this work in accordance' with this special
provision to.the satisfaction of the Engineer. .
Payment will be made under:
Item No. 408 Joint and Crack Cleaning and Sealing in Asphalt Pavement - per
linear foot.
*Work will not be measured if payment is to be made per lump sum.