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HomeMy WebLinkAboutRunway Intersection Rehabilitation and Crack Sealing Daniel Field (2) Augusta Richmond GA DOCUMENT NAME: Rv '" Lv 4'1 ::Li\l"re:rl':>6"CTlbN !K.O-l!. 6 j L..; -r It 'T7 ON 4,vJ) C(ZA~ 'ScAL.ltVJ l)I+NI6L r:::'E~ DOCUMENT TYPE: C e;V'- ~ AC ,- YEAR: ~OO 9... BOX NUMBER: ) ~ FILE NUMBER: J ~ I ;1 Y NUMBER OF PAGES: 1 ry 9 1< I I' I: Ii I': I I. I I I, I I SPECIFICATIONS AND CONTRACT DOCUMENTS RUNWAY INTERSECTION REHABILITATION AND CRACK SEALING DANIEL FIELD AUGUSTA, GEORGIA January 2002 I, I' I"' - =rl' f~ it }{; 7:;21 i I 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. 10351.00.AT 1,1 I' Ii 11 1-; 1'1 1-- I I . - iiii 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 N ITION 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-1 01 MOBILIZATION.. ................................. ..... ........... .......................... ........ M-1 01 P-401 BITUMINOUS SURFACE COURSE .............................. P-401-1 to P-401-24 P-603 BITUMINOUS TACK COAT ............................................. P-603-1 to P-603-3 P-620 PAVEMENT MARKING. .............. ............ ............ ............. P-620-1 to P-620-3 S-180 PAVEMENT MILLING ...................................................... S-180-1 to S-180-3 408 JOINT AND CRACK CLEANING AND SEALING .................................. 1 to 8 1- o I I; I~ 11 lei I'- I.. .' . - i 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 605, 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 Feny 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 the 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 return the proposal guaranty. NTB-1 I." 11 I I; I~ 10: 1,1 I,; I., I I . 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 - NTB-2 I ~: I' Ii Ii I! I': Ii I I.' I .i -, 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. - I: 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 their meaning , 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- ITB-1 I" I I I' I. I', I: I.' I - 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 , 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 ITB-2 11 I I' I I: I Ii , J 11 I: 1,1 I I' I 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. =1 ITS-3 I I I I I I I I I I I I 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 pccepted', 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 co,",tract 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. -- I 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. P-1 I I I I Ii I I I I I I . - (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 bides) 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 and 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. P-2 I I The knowledge al ormally possesse~ 'ication concerns I '~merica and the' K, I maker subject to '01 I ir rillY assisted con~ .~ r his employees a joes not permit his. 'r1 II, where segreg~ d. ~!1 contractor certl c:; any segregated' "" ~ - ----:-'~,-,---.-.::. to perf n ."""-'".1--- _ -: facilities are ma c.~. a breach of this 1. '11] ~(:i As used in th c~ . ' uurllS, work areas, l ie clocks, locker rc 111 lJuntains, recreati~ d provided for employ. .~~ on the basis or r~ ~, =;;;;; or any other I ~j h;;:.i {except where ~tors for specific 1 Ie . -~-_._-_..I_--- . ~' ""_'r_HHr':U"IC_H~ pnc = - '=~~rtifi~~~~:~n p~~ ~~ DISADVANl 1 lIlt: Augusta-Richm<< _VI of the Civil Righl A! ~'. Code of Feden R "the Secretary, pa~ ~-.--_~~ of Transport. Inl _::; ensure that I In taged business entE . this invitation anI vii _ ' c.~ origin in co~ ..J II~II j""iklll and the Bat I 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 certificaf 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 defe 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 requirel P-3 I I I 11 I, I, I 1 I I I I 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: 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. 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. P-6 I I I I: I I I I 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. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION 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 - 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) 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 P-7 I I I: I: I I I I 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. (b)The successful bidder will be required to assure that only'domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those - 1. that the 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; 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. P-8 I I I. I I' I I I I 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. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. - - P-9 I I II 1 I: I: I 1 I iii - -' - 1 - I List of Supplies/Materials that the U.S. Government has determined are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality (Jan 1991). Acetylene, black. Cork, wood or bark and waste. Agar, bulk. Cover glass, microscope slide. Anise. Cryolite, natural. Antimony, as metal or oxide. Drammar gum. Asbestos, amosite, chrysolite, and Diamonds, industrial, stones and abrasives. crocidolite. Emetine, bulk. Bananas. Ergot, crude. Bauxite. Erthrityl tetranitrate. Beef, corned, canned. Fair linen, altar. Beef extract. Fibers of the following types: flax, abaca, abace, agave, coir, jute, jute Bephenium Hydroxynapthoate. burlaps, palmyra and sisal. Bismuth. Goat and kidskins. Books, trade, text, technical, or scientific; Graphite, natural, crystalline, crucible newspapers; pamphlets; grade. magazines; periodicals; Handsewing needles. printed briefs and films; Hemp yarn. not printed in the United States and for Hog bristles for brushes. which domestics editions are not available. Hyoscine, bulk. Brazil nuts, unroasted. Ipecac, root. Cadmium, ores and flue dust. Iodine, crude. Calcium cyanamide. Kaurigum. Capers. Lac. type. Leather, sheepskin, hair. Cashew nuts. Lavender oil. Castor beans and castor oil. Manganese. Chalk, English. Menthol, natural bulk. Chestnuts. Mica. Chicle. Microprocessor chips (brought onto a Chrome ore or chromite. construction site as separate units for Cinchona bark. incorporation into building systems during Cobalt, in cathodes, rondelles, or other construction or repair and alteration or primary ore and metal forms. property.) real Nickel, primary, in ingots, pigs, shots, Cocoa beans. cathodes, or similar forms; Coconut and coconut meat, unsweetened, nickel oxide and nickel salts. in shredded, desiccated or similarly Nitroguanidine (also know as picrite). prepared form. Nux vomica, crude. Coffee, raw or green bean. Oiticica oil. colchicine alkaloid, raw. Olive oil. Copra. P-10 I I I, I: , I' I I I 1 1 1 I I. List of Supplies/Materials that the U.S. Government has determined are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality (Jan 1991) (continued) 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. (B) "Fuel oil" - a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel" - a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquefied gases" - hydrocarbon gases recovered from natural gas or produced from 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. ~! P-11 ~ SCHEDULE OF WORK lJ SCHEDULE "A" - RUNWAY REHAB Item # Description & Unit Price in Quantity Unit Unit Price Extended Total lJ & Words Spec. lJ 1. Mobilization LS J3 <63n'OO M-101 @ (write in words) J lJ Thi(+-e~ ThOl J'5nn d" lJ 2. Bituminous Surface Course 330 TONS lJJ~ . 29 aa,535"0 P-401 @ (write in words) l. ~ i'1-t l ~)M~ine (! ff\+.s 3. Bituminous Tack Coat 280 GAL a.50 -1CO . 00 P-603 @ (write in words) l ~D DOll'n rS, l J;1j~ Qents 4. Pavement Marking, Aviation 6200 SF ~.50 Q300 . lJC) =1 P-620 White -, @ (write in words) _ J ~ ~ wnW') -- .h&'1 C~nk 5. Pavement Milling 2800 SY 5.'10 15) qinD .00 .. 8-180 @ (write in words) J:1\J~ DoH (irs, - 86V~nt~ Ck,t'3 - SCHEDULE A TOTAL BID (o~,~5.15 CONTRACT TIME: 4 DAYS Liquidated Damages $5000.00/Calendar Day DBE Goal for Schedule A is 12.1% BF-1 I. I I , , , I J SCHEDULE OF WORK SCHEDULE B - CRACK SEALING Item # Description & unit & Price in Words Spec. Quantity Unit Unit Price Extended Total ~J~SO .00 1. 408 Crack Seal, Complete @ (write in words) LS ~ ty Et:~6X1 mDU5?lt\!i ~f:1 2. Pavement Marking, P-620 Aviation Yellow @ (write in words) I_ -a5 (p ~ 15 . DO 5500 SF J o~ 'Do11'CtY J jw~ ~e C1nls I I SCHEDULE 8 TOTAL BID: 54+-ILh -00 I CONTRACT TIME: 21 Calendar Days Liquidated Damages: $500.00/ Calendar Day No DBE Goal for Schedule 8 required - I' I' I: I' I I, I' I I I I - , I I Date: L-\ I ~ I D?1 Respectfully submitted, fuM'5 Bvef'r\{YJt Main-k>rYlnce (I~"rv1""'1 ' L~' Contractor ~ I Curre~t GA Contra~orls Licens)t L No. to lotoLnO ~e.raJ COnT. UC3cx:dJJ Un \\~ Coot~ ~335 Ator\{ic.13d. ~fY'UCS\-cucl1 S6 Add~A d'j'1,42. By 0 freSI'riNLt- Title ~02 Date ACKNOWLEDGEMENT OF ADDENDA NO. DATE SIGNATURE 1 2 3 Yilf/?'( 0 l- / /1w~ )Je~r h/leI ~ BF-3 I', I' 1Jtfll!Ji&~9tflrrm"n AriFmcf' !kc. 1 l' r=7,~ ~I'~ ,I. ,. ~II/I,\ . .....J., ~ . , AlA Document A370 1 Bid Bond I' KNOW ALL MEN BY THESE PRESENTS/ that we 1 Beam's Pavement Maintenance Company, Inc. as Principal, hereinafter called the Principal, and Great American Insurance Company a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond County as Obligee, hereinafter called the Obligee, in the sum of Ten Per Cent (10%) of Amount Bid I. I,: I Dollars ($ ), 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 1 I' 1" 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. . - - Signed and sealed this 4th day of April 2002 . . d6Htr iW!1{VlJd [jp~11t~ Maintenance (Principal) (Title) r.TP~Tir"n Tn~~omp.DY By' r.k-1~-' ~ Att'orney-in-Fact (Title) (Seal) AlA DOCUMENT A310 · BID BOND. AIA"- . FEBRUARY 1790 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY. AVE., N.\oV, V\~"'SHINCTON, D. C. 20006 1 I. I 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 GkAT Ar\ERlC-W INSUR-WCE COMPANY~ I 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 i~ "" aod l,wl"1 allo,"oy-io-I,,,, I", il aod io i~ oamo, pi,,, aod 'I"d to """" io b'h," 01 tho '~d Compaoy, " mlOl y, aoy ,"d ," bood" ""d""kiog, "d 000""" 01 '"m y'hip, "' Olh" w,ill" 0 bligalio.. i" .lio oat"" Ih"oal; pm'idod .hal Ih, Ii'bilil' ollli",id Comp," y 00 aoy 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. REGIS'IER COLUMBIA, SOOT.H CAROLINA ALL JAG< C. SMITH, JR. COLUMBIA, SOOT.H CAROLINA UNLIMITED HERBERT L. DECUERS COLUMBIA, SOtY.IH CAROLINA JOHN R. WALKER MACON GEDRGIA 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 COM P ANY has caused these presents to be signed and attested by i~ 'ppmp,i..o offi"" aod i" oo'po,"" ",llim"OIo affixed Iii', 7th d,y 01 Novertber 2000 Attest GREAT AMERICAN INSURANCE COMPANY No.O 17088 1 I I, 1 I I 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 I nsurance 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. I I. This Power of Attorney is granted by authority of the fOllowing resolutions adopted by the Board of Directors of Great American ii Insurance Company by unanimous written consent dated March I, 1993. . !!!!!' 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 more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Sccre",y of 'h, Company may", affi"d by f"';mil, 'n any pow" of attom,y a; "";fi"" of ';,h" g;"n fa; 'h, ""060n 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. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 4th day of April 2002 5/029S (11/97) 1_; I] Ii 11 I-j 1'1 I.; I.: 11 . - J CONTRACT THIS CONTRACT, made and entered into this I I:, day of ~/,1.~: 0 ,20eA, by and between Augusta-Richmond County General Aviation Comm' Slon, 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 C-1 1,1 1 I . 1 I; II I' I' I, 1 I: I, - ! , -1 . , I 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 furnished 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 or 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 C-2 I'. I I I I I"; I' I., Ij 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 contract. - ~: (A 0 con~~(}.I'l'r---- ~'s~e~4J7~;:V c: cJ- (Contractor) . ) I J WI~U ~ . WflM , (Owner) BY~&-f ~, (~ea I{UfCA"5~, G~1'-6L~ ~ Udjg/-k Augusta-Richmond Co. General Aviation Commission - ' i /lJJ./By LF' (Seal) ~ yPfar~ C-3 Ie' Ii I; 11 1-] I') 1.1 I I I, I: _I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Beams Pavement Maintenance Company, Inc., as Principal, hereinafter called Contractor, and 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 --I (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. PB-1 101 I I: II . J 1-] I") I': I,; I: II - . - 1 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 Company, Inc. (Principal) (Seal) ~~ f,u~~ ,}()^ 'V\J ~ . ~ (Title) -rr.p~A )1 ~~J Great AmericaD InsuraDce Company (Witness) (Surety) (Seal) ~../ 4~ (Title) Attorney-in-Fact ' CDuntersigned bY~ e. LJ~ J R. Walker G orgia Resident Agent PB-2 I. 11 I~ 1-: 1-: 10' 11 11 I. I! . II!: - 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 ~ 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 VOid; 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 r~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. 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 furnished the last of the materials for which said claim is made, LMB-1 1-,: II Ii I . I II 10; I' I. I- I I I 1'1 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) ~ ~~ (rille) ~ Inc. Great American Insurance Company (Surety) (Seal) ~J/-~-/4kv (ritle) Attorney-in-Fact Countersigned by_ (\~'iL R. '^-10'~ ~ R. Walker Georgia Resident Agent LMB-2 , e e e f GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The nwnber of persons authorized by this power of attorney is not more than THREE No. 017456 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by vinue 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. ~my 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 WITNESS \VHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this tOth 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 instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name thereto by like authority. 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 Division President. the several Division !-'ice Presidents and Assistant Vice Presidents. or anyone of them. be and hereby is authori~ed. jrom time to time. 10 appoinr one or more Aflomeys-in-Faet to exeCllle vn behalf of the Compauy. as surery, any and all bonds. undertakings and colltraets of suretyship. or other wrirten obligations in the natl/I"C thereof; to prescribe theil' respective dwies and the respective limits of their authority: and to rel'oke any sl/ch appoi11lmellt at any time. RESOLVED FURTHER: That the Company seal and the signature vf any of the aforesaid officers and any Secretarv or Assista11l Secretary of the Company may be affixed by jacsimile to any pOll'er of aflomey or eel1ijicate of eitllC/' gil'cnfor the execl/tion of allY bond. l/lldenaking. comract or suretyship. or other written obligation in the nature thereof such signature and seal when so uscd being hereby adopted by the Company as the original signatllre of such officer and the original seal of the Company. to be valid lUld binding upon the Company wilh the same fora and effect as though manually affixed. CERTIFICATION L RONALD C. HAYES, Assistant Secretary of Great American Insurance Company. do hereby celtify that the foregoing Power of Anorney 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 (11f01) Client:tl:: 4703 BEAMSPAVl --ACOBDru CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY) 01/30/03 'r!-ODUCER 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, Inl INSURERB: Hartford Insurance Company 2335 Atomic Road INSURER c: Beech Island, SC 29842 INSURER D: 1 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. NSR TYPE OF tNSURANCE POUCY NUMBER Pg~iit(~~~Jm P~~fJ ~~~t~N UMITS LTR A ~NERAL UABtUTY 08CLOO0845 04/01/02 04/0l/03 EACH OCCURRENCE sl 000 000 X COM M ERCIAL GENERAL L1AB ILfTY FIRE DAMAGE (Anyone fire) slOO.OOO l CLAIMS MADE [iJ OCCUR MED EXP (Anyone person) s5 . 000 - PERSONAL & ADV INJURY sl.000.000 - GENERAL AGGREGATE s2 . 000 . 000 ~'L AGGREM LIMIT A?lS PER: PRODUCTS . COM PlOP AGG s2 . 0 0 0 . 0 0 0 POliCY r,r& LOG A ~OMOBILE lIABIUTY 08CA00846 04/01/02 04/0l/03 COMBINED SINGLE LIMIT $1,000,000 ~ ANY AUTO (Ea accident) I--- ALL OWNED AUTOS BOOIL Y INJURY (Per person) S - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY ~ (Per accident) S NON-C>WNED AUTOS PROPERTY OAMAGE S (Per accident) ~RAGE UABIUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S A EXCESS UABIUTY 08CUL053l6 04/01/02 04/0l/03 EACH OCCURRENCE s10 000 OO( txJ OCCUR 0 CLAIMS MADE AGGREGATE s10. 000. OO( s ~ OEDUCTIBLE S X RETENTION $10000 $ A WORKERS COMPENSATION ANO 08WCOO0540 04/01/02 04/01/03 X h-"X\5.>'T tJ.':I-;, I 1>J~- EMPLOYERS' UABIUTY s500 000 E.L. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE s500 000 E.l. DISEASE - POLICY LIMIT $500,000 B OTHER Leased or 22MSBE1528 04/01/02 04/01/03 $200,000 Limit Rented Equipment $2,500 Deductible DESCRtPTION OF OPERA nONSlLOCA nONSlVEHICLESlEXClUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re:Runway Intersection Rehabilitation and Crack Sealing CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POUCtESBE CANCELLED BEFORE THE EXPIRATION Augusta-Richmond County General DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TOMAlLlO-DAYSWRlTTEN Aviation Commission N01lCETOTHE CERTlACATE HOLDERNAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL 530 Greene Street, Room 605 1M POSE NO OBLIGATION OR LtABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Augusta, GA 3091l REPRESENTATIVES. ~t~jD RE~SENTA~2z ;'; I '~. ""y /, ~ .A~ .J . . ACORD 25-S (7/97) 1 0 f 2 #S935l7/M88089 BHR @ ACORD CORPORATION 1988 .. I # IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97}2 of 2 #S935l7/M88089 I, I I' I; I~ I: I, II I I I I I: I~ Ii - I GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 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. 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 10-2 I I , I I j I I I I I I I I I I I I I I 1 ... 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. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corpora~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. I: I I' I I' I; I; I- I. I I I I I' - = I -I 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. 10-25 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 the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 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 10-4 I , } I , I , "I . '"I . .1 i I I I I I I I I I I I I 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. 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. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-34 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 furnish the necessary materials in accordance with the provisions of the plans and specifications. 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. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 SPECIFICA liONS. 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. 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 .... - I- I I' I' I I: I: Ii I. I. I I I I I~ I': 1-; I.: 'iiiiiiiiii' -, 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. 1Q-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 I, I' I I: I' I' I; I. I I I 1 I' I - .'. IJ . 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 fumish 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 I I I I 'I I I I I I I I I I I I I I I 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 these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner or the Owners Engineer do not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICA liONS, 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. I. I' I' I' I I' I, I. I I 1 I I' - - ..! 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 fumished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item fumished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her 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 propos~1 shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president. secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. 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 20-4 I , I I J I I I I ~I J I , I , I , I I I I I I J .1 I I I c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID 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, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. I~ I I I I~ I'! I. I, I I . . 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 rnail, 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 20-5 I' ~ I I: I: I~ Ii I. I, I I . 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 CANCELLA liON OF AWARD. The owner reserves the right to cancel the award - l without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-1 30-2 I I I I ~I 'I .1 I I I I I 'I 'I .1 ,I I I I 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 time 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 rnay 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 ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract, 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 I I I I: I; 1< I.; I I . - 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 agreement. If the owner and the Contractor are unable to agree oft 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. 40-1 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. I I I I I .1 I .1 I I I I I '1 ,I .1 I .1 I 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 OIF 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. 40-2 ii iii I,! I I I I I I, I. I. I I I 1- -;' !!!! , .~ .i With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contracto"'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 40-3 40-4 I c , I I I I 'I 'I ,I I I I I '1 'I .1 ,I I I I 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 IFOUND 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 fumishing 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. Iq I, I; I: I: I' I. I, I I -.I 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 40-5 I. I I I II I' I I I- I I I I' I. - ' . SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part 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 supplemental agreement) as applicable. If the Engineer finds the materials fumished, 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 50-1 50-2 -I ~ :i ,I I I I I I -I , -I I I I I I 'I :1 ,I .1 I I I 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 upori 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 availaqle 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. I,' I I' 11 I I' I. I. I I I I I' I', I., 1.1 I I - = 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 rodmen 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 measurements 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 50-3 50-4 I 1 I I J I I 'I ,I ,I I I I I I ,I ,I ,I I I I 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 In I I I! I: I': I. I.' I I I . . 1- 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 earty 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 immediately 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 materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials 50-5 50-6 I I I J I I I i -I ,I , .1 I I I I I ,I .1 , .1 I I I 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. I~ I I, I: I; II I. I I I I I I' I, I' I~ II I I 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 50-7 I.: I I I I I~ I. I, I I I.- I I"' I', I: I.; - - - 11II 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 equipment 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 60-2 -I - ! I \ I , I I -I j ,I ^I .1 I I I I -I .1 .1 J .1 ; I I I 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 T~ON 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: I,: 1 I I: I I'; I, I I 1 I I I" .' - - - .. . I! - a. The Owner shall have the cooperation and assistance of the Contractor and the producer with whom 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. 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 shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the 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. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered 60-3 60-4 I . j I J - I ! I -I , .1 ,I I I I , I I I I I I I I 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 retumed 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. 10 1 1 I: I: 1,1 I. I, I. I I I - Each reproducible shop drawing shall contain title block with the following information 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. 60-5 60-6 .1 I j I , \ I I I '1 J ,- .1 , I , , I I I 1 I .1 I I I I 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 I',; I I' I I: I'! I' 1 I. I I I I- I': ;;;;, !! " . 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 ~II 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 70-1 70-2 I , f I I J I 1 I -I ; I .1 I I I I I I , I .1 , I I I I 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 Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No 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 I,: I I I I I' I, I I I I I .' iiii 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 fumish, erect, and maintain all barricades, waming signs, and markings for hazards necessary to protect the public and the work. When used during 'periods of darkness, such barricades, waming 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 fumish, 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 fumish, 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 2nd 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. 70-4 I ". 'i -I J 'I . j I 1 '-I ( -I J I , I I I I I 'I -I .1 ,I I I I I~ I I: Ii I, I' I, I I I I I I I" - i' I,; - (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 FBO, 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 I . . -I < I I ,Of 'I .,.;J r-I J -I > .1 1 .1 , I , I ; I , I 'I ,I .1 , .1 I I I not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property, unless specifically approved by the Owner. 70-10 PROTECTION AND RESTORATION OF PROPERlY 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 RESPONSIBIUTY 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. I" I I I II I-i I' I. I I I I .. . 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, employe~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; Owne~s Protective Liability; Contracto~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 Employe~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 of not less than $1,000,000 CSL, and shall be in addition to the liability limits required above. I ~, } I , I l I , 'I i "I ,I ,I I I I I 'I ,I ,I ,I I I 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 completion of any portion 'Of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. 70-8 . - - :- I I I I I I~ I-~ I I I I . - ' - . 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 I . I 1 i ,I . I I 1 'I , .1 J ,1 I I I I I .1 I .1 I I I I 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 the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall fumish 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 immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility I.: I, II I I 1'[ 11 I. I I I. 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 owners 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 (1) Drilling apparatus equipped with water or chemical dust controlling systems. (2) Exposing the minimum area of land. (3) Applying temporary mulch with or without seeding. (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. I I I -I 'I 'I .1 I I I I I 'I ,I ,I I I 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: - -- 70-12 I, I I I I I'; I ,~ I, I I I I I' I', I', I.~ - (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, (Juick 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, carelessness, 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 made 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 I I I I I -I .1 .1 I I I I 'I I ,I I I I I (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 manmade 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 ARCHAEOLOG~CAL AND HISTORICAL FINID!I\IGS. 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. 1,1 I. I: I~ I I: I.' I" I, I I I 1 I~ I', I' I,' . - , 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 I I I; J I: I", I' 1-' I" I I I I I I, . .; SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented , either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract 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 atter 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 I ! . . I ) ul j 'I j rl :J -I 1 .1 j I ,. . I I I I I I I '- .1 I ,I I I , , - I l I , .- 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~quired 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 I~ I I' I I~ I' I. I. I I I I I' I' . .' =1 - . =i:. satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. 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 carTy 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 profits. 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 80-3 80-4 ,I I I I '~I I .1 .1 I I I I 'I -I .1 ,I I I I 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 then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. 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 IJ 1 I: I: I~ I' 1 I I I 1 I I' I'; I.; I.i 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 hislher 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 manner. 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. 80-5 80-6 I I I I I I -I -I .1 ,I I I , I I 'I 'I ,I ,I 'I I I 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. 80-1 0 TERMINATION fOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims for loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and m~terials 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 14 I I, I I, I' I' I I 1 1 I I~ I' I. I,: I ... 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 orfoundation 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 I I \ 'I j I i I J ;1 j .1 I ,1 i I , I I I I I , '1 ,I ,1 ) ,1 I - I 1.1 " I: I: I: I: I, 1 I,: I I 1 I I- I', I. 1,1 . - I - 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 materia1s 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. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. ' Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last prevIous correct weighing- accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items 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 90-:3 90-4 "I I I I I 'I -I ,I I 1 ..I I 'I 'I .1 .1 I I I the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from, his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS As specified in, the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred II I I; II I: II I. I. I I I I I' .' .. - , .. - .' .1 !!!! - 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 90-5 ...,......... _. ___-. __,.__......___,~..._ __..... _-r,.........._~_._..___~~....-.... . -~.. 90-6 I , , I I } I I I i I I I I I I I I I I , I I I I 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 Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. Ii I II I: I: Ii I, I~ I~ I I I I~ I' I. I,i I . . 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 90-8 ,I I I I , 'I J 'I I I I I I I I I I I I I I of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the , Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 I. I I I I, I' I, I I I I I I" 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 reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. a. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other 1 00-1 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. .1 I I I , I 'I I ,I I I I I 'I 'I ,I .1 I I 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 100-2 ;;; I~ I I' I I; I- I, I I I I I I" - I, I! 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. 1 00-3 ~_~~~.,.,.~;_-.....-~~Y-t.~...:.-~.:.:.. T~;: ----....~--,..--..-......-..-- ---.--- ~ --r..... ..,-;~..- _.---_.- 1 00-4 I . \ I I ~ I .1 .1 ,I I I I l I 'I ,I ,I J I I I I 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 I~ I I II I~ I" I I I I . iiiii 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 D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in 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. I I i I ; I , I -I .1 ,I I I I I 'I ,I .1 ,I I 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 r.ecord. b. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results. Daily test reports shall document the following information: - - = 1 00-6 I; l I I: I: I: I: I. I, I I I I I' I: I: I.; I, I 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 1 00-8 .1 I I I 'I 'I .1 I I I I I '1 '1 ,I .1 I I I (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. END OF SECTION 100 I. I I: II I~ I' I" I I I I I 1'1 I' .' .~ I .' 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 and U for upper, for the particular acceptance parameter. From these values, the respective Quality index(s), QL for Lower Quality Index and/or Qu for Upper Quality Index, is computed and the PWL for the 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: 11 0-1 ..~- -- -~- ~."'- ~.~~":-~...~,.. ". - 110-2 I I I I j I J -I , .1 i -I _I I I I J I 'I '1 ,I ; I I I I x = (Xl + x2 + x3 + . . .x,,) / n Where: X = Sample average of all sublot values within a lot Xl' 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 Wl2 Where: Sn = Sample standard deviation of the number of sublot values in the set dl, d2, ...= Deviations of the individual sublot values Xl' X2' ... from the average value X that is: dl = (Xl - X), d2 = (x2 - X) ... dn = (x" - X) n = Number of sublots For single sided specification limits (Le., 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 OL' using the column appropriate to the total number (n) of measurements. If the value of OL 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: OL = (X - L) / Sn and Ou = (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 I" I, Ii I' Ii I~ 1'1 I: I; 1 I, I' I~ 1-; I.! I: . - Where: PL = percent within lower specification limit Pu = percent within upper specification limit , EXAMPLE OF PWL CALCULATION Project: Example Project T1!st 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 entering Table 1 with QL= 1.44 and n= 4. PWL = 98 11 0-3 11 0-4 I , I I I t I I "I '1 .1 I I I I I 'I ,I .1 ,1 I I I lB. PWL Determinatiorn ffor 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 I I 1 I: I, I' I, I 1 I I I I' 3. Calculate the standard deviation Sn for the lot. Sn = SQRT[((3.57 - 5.00)*(3.57 - 5.00) + (3.57 - 3.74)*(3.57 - 3.74) + (3.57 - 2.30)*(3.57 - 2.30) + (3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)] Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) /3] Sn = 1.12 4. Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn QL = (3.57 - 2.00) /1.12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1.40 and n = 4. PL = 97 6. Calculate the Upper Quality Index QU for the lot. (U= 5.0) QU = (U - X) / Sn QU = (5.00 - 3.57) /1.12 QU = 1.2702 7. Determine PU by entering Table 1 with QU = 1.27 and n = 4. -, PU = 93 8. Calculate Air Voids PWL PWL = (PL + PU) - 100 PWL = (97 + 93) - 100 = 90 11 0-5 I . j TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) I l Percent Within Positive Values of Q (QL and QU) - Limits (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 ,I 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 J 98 1 .1524 1 .4400 1.6016 1.6982 1.7612 1.8053 rl 97 1 .1496 1 .41 00 1.5427 1.6181 1.6661 1.6993 1 .1456 1.3800 1.4897 1.5497 1.5871 1.6127 j 96 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 I 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 .1 089 1 .2300 1.2683 1.2860 1.2964 1.3032 90 1.0982 1.2000 1.2290 1.2419 1 .2492 1.2541 I 89 1.0864 1 .1700 1 .1909 1 .1995 1 .2043 1.2075 88 1.0736 1 .1400 1.1537 1 .1587 1.1613 1 .1630 87 1.0597 1 .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 I 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0;9325 0.9281 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 - 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 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 .1 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 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 - - 11 0-6 I' 1 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 11 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 I I. I I I I I I', I., I' I I I 11 0-7 11 0-8 I I - I 'I ,I I I I I I I '1 ,I .1 I I I I TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of a (aL and aU) Limits (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 13 -1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 I~ I, 10 9 I: 8 7 6 II 5 4 I: 3 2 1 I': , I.' I. I I I I Ii - .' . , _ J - I': - i - - -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 I~ I I' I PART I. I. PART II. I" PART III. I. P ART IV. I PART V. . I - 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 'I , ) 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 Female Participation in Each Trade Goals for Minority Participation for 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 co'ntractor 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 .1 I I I 'I ., .1 .1 I I I I -I '1 .1 .1 I I I I. I 1 I' I' I" I I. I I I I I' I' I" i II I I I I .J I 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 . r.....-... . WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) CERTIFICA lION 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 explioit 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 - ,I rl ~I :1 . . 1'1 :'1 ; I i ~I ~I ~I I I 'I ,I "I .1 I I I I~ I I I' Ii I' I, I. I I, - . - -1 J 1 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 Ireen 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 dassification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necess<;3ry. (Approved by the Office of Management and Budget under OMB 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 .1 I I I '-1 'I .1 .1 I I I I I '1 ..1 .1 I I I I" I I I' I' Ie I, I: I I I I I I. - - .. .' . ..l - J 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 employing apprentices .or trainees under approved programs shall maintain written- evidence of the registration of apprenticeship programs and certification 'of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of 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 OMB control number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed, under the contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c.(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of GP-120-8 -,I -I -I -I ~I ;'1 :.1 ~I rl ~ tl . I I "I '1 .1 .1 I I I 1,1 I I I I 1 I, I' I 1 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 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the 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. - - . J (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 - --' _I I I ~ GP-120-9 -:~~,~~......~....~.....-~~___~_-......~;...... "'~'''''!~'<7'_'.''''='oII:'''''' 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 ~.I ~I ;1 ~ J :1 ; : I -'1 ;.1 : ' Y, I i II !I t :1 I '1 -I .1 .1 I I I I~ I I I I I' I I. I. I . . I - ~ ~ J J J (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. f. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this contract and such other clauses as the 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 indivi,dual 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 I '1 I -I -, ~'I :,1 ~.I ~, I ;1 L ;1 -I I '1 ,I .1 .1 I I I I. ! I' 11 I I: I' I. I. I I I - - iii - - j- -,- 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 r.1 11 I ~I 'I -I -,I ;.1 1.1 II 'I 'I I 'I , 01 . 'I ..I I I - - - I.. I I, I I, I" I I I I I I 1-: 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. 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. 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 .,.~.........-;~..-:~~_..,.,......-....-:-...-~~~.,...~_~..,.,...,,~..___, ~ "".. r...-r...---:-.....~" 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 contractors 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 meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all GP-120-16 ;..1 ~I -I J I -I -'1 ;.1 f,1 -I 't. fl a, ~I I 'I ,I .1 .1 I -I I 10 1 1 1 1 I; I' 1 1 I' management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other 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. . . iii I. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. J. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel. for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the 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-suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (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 ~aith 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 ~.I ;1 'I l , 11 rI ;'1 LI ~.I :1 :1 . :1 I "I - 'i .1 .1 . = ;;;;;; I] II Ii I I I": I' I' I' Ii , I , I 1< I- I- I,' ..1 .J. -.l 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 pe~ormed. 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, color;-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 s~urces 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 rl . ~ i. II f .r II :1 '1 -'1 '.1 -I . il ~I I I 'I -I .1 ,I I I . ,1 I I' I I I~ I I I I' If I' I'- I' 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. I I,' - , -. =1 GP-120-21 r 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 ongln. The contractor will take affirmative action to ensure that applicanti 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 availa~le 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 -I ~I I j I 1 <',1 - , : .1 ' - I I [I -'1 I I I I I 'I -I .1 I I I I 1 11 ~ I I, I: I: Ii I' I, I I' I; I) 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. -:r (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. _i (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: I ! 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 Proqram 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 -I .~I TI . , J l' r, -'I r,1 ~I ': I ~I 'I I -I -I .1 I I I I I, I I I I. I' I I. I 11 I I 1 . . I I -1 1 i !i 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 Jhe 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 - .1 J I rl I. , ,- r-I l r -I j ;.1 :-.1 .1 I I I 'I -I .1 "_I I I I 10 I I 1 I' I' I' I. I I I I I' I' I. 1,1 I " ~ GENERAL DECISION GAOI0029 03/02/2001 GA29 Date: March 2, 2001 General Decision Number GAOI0029 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 I I 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) ) . I In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS , I 1 1.) Has there been an initial decision in the matter? This can be: -I * 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 , I 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. I I 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 beterminations. Write to: I I Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 I 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: I I Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 I 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: I I I I I 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 I I I~ I I, I I I I 10 .' . . -.' .' .. . I' I I I I I' I. I; I I I I I' I' I' " .... :1 I . . 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 items 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 I~ I I I I- IJ I, I. I I . - - . - ~ ~l I ,! 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 Ale Chng 12 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 04318. 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 D 2419. c. Sampling. ASTM D 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 IF!LLER. If filler, in addition to that naturally present in the aggregate, is necessary, it shall meet the requirements of ASTM D 242. 401-2.3 BITUMINOUS MATERIAL. Bituminous material shall conform to the following requirements: ASTM D 3381 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 Aggrega~e. (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 Revised per Ale Chng 12 - I I, II I I~ I; I" I,' I I I I I' I' - I.: I,' - - . . - - 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 D 4867, is less than 75, the aggregates shall be rejected or the asphalt treated with an approved anti-stripping agent. The amount of anti-stripping agent added to the asphalt shall be sufficient to produce a TSR of not less than 75. If an 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 A/C Chng 12 Revised per Ale Chng 12 I . 1 I , I . 1 -I j --I ) ,I I .1 I . i I ! I I J I '1 -I , .1 I I I I I 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 T ABLIE 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 I" I I I: I~ I; I Ie: I I I I I I', I.i I.' . .' 1 11II - 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 Taole 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 outsiqe 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 Ale Chng 12 Revised per A/C Chng 12 I , , I I ,I . 'I 'I . ,I I I I I I 'I "I .1 .1 -I I I 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 D 4552. 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 s'ection 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 I~ I I I I- I" I,' I I I I I I I' I, Ii I. I I 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 D 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 Revised per Ale Chng 12 Revised per Ale Chng 12 I . I I J -I j I J --- - I I , I I I I -I .1 .1 , I I I I 401-3.5 TESTING LABORATORY. The laboratory used to develop the job mix formula shall meet the requirements of ASTM D 3666. A certification signed by the manager of the laboratory stating that it meets these requirements shall be submitted to the Engineer prior to the start of construction. The certification shall contain as a minimum: a. Qualifications of personnel; laboratory manager, supervising technician, and testing technicians. b. A listing of equipment to be used in developing the job mix. c. A copy of the laboratory's quality control system. d. Evidence of participation in the AASHTO Materials Reference Laboratory (AMRL) program CONSTRUCTION METHODS 401-4.1 WEATHER UMITATIONS. 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. BASE TEMPERATURE 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 D 995 with the following changes: a. Requirements for All Plants. (1) Truck Scales. The bituminous mixture shall be weighed on approved scales furnished by the Contractor, or on certified public scales at the Contractor's expense. Scales shall be inspected and sealed as often as the Engineer deems necessary to assure their accuracy. Scales shall conform to the requirements of the General Provisions, Section 90-01. P-401-8 I. I, I I I' I' I~ I I . - . (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 D 995 is deleted. Instead, the following applies. Use of surge bins or storage bins for temporary storage of hot bituminous mixtures will be permitted as follows: (a) The bituminous mixture may be stored in surge bins for period of time not to exceed 3 hours. (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-401-9 Revised per A/C Chng 12 Revised per A/C Chng 12 I , I l I J 'I , ., .1 ,I I I I I 'I ,I ,I .1 I I I .10 . 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 I- I I I I I. I. I I ii 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 D 2489, for each individual plant and for each type of aggregate used. The wet mixing time will be set to achieve 95 percent of coated particles. For continuous mix plants, the minimum mixing time shall be determined by dividing the weight of its contents at operating level by the weight of the mixture delivered per second by the mixer. The moisture content of all bituminous mix upon discharge shall not exceed 0.5 percent. 401-4.9 PREPARATION OF 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 A/C Chng 12 Revised per A/C Chng 12 -,I I ; I ; I I cl 'I I .1 I ,I I I 'I I .1 .1 I I ,I 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 I'" I I 1 I 1 I, I'- I 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 D 3666. All equipment in Contractor furnished laboratories shall be calibrated by the testing organization prior to the start of operations. a. Plant-Produced Material. Plant-produced material shall be tested for stability, flow, and air voids on a lot basis. Sampling shall be from material deposited into trucks at the plant or from trucks at the job site. A lot will consist of: - one day's production not to exceed 2,000 tons, 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 D 3665. One set of laboratory compacted specimens will be prepared for each sublot in accordance with ASTM D 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 D 1559, paragraph 5. Air voids will be determined by the Engineer in accordance with ASTM D 3203. Prior to testing, the bulk specific gravity of each test specimen shall be measured by the Engineer in accordance with ASTM D 2726 using the procedure for laboratory-prepared P-401-13 Revised per A/C Chng 12 - - , - . ~ ~_;po-.-"""'_" '__"c-o-.~~~:r'__ _-.._.-.....!.............-~--~~-~._.."..~ - -.- -~. 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 D 2041, Type C, D, 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 D 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 D 3665. (3) Sampling. Samples shall be neatly cut with a core drill. The cutting edge of the core drill bit shall be of hardened steel or other suitable material with diamond chips embedded in the metal cutting edge. The minimum diameter of the sample shall be three inches. Samples that are clearly defective, as a result of sampling, shall be discarded and another sample taken. The Contractor shall furnish all tools, labor, and materials for cutting samples and filling the cored pavement. Cored holes shall be filled in a manner acceptable to the Engineer and within one day after sampling. (4) Testing. The bulk specific gravity of each cored sample will be measured by the Engineer in accordance with ASTM 0 2726 or ASTM D 1188, whichever is applicable. The percent compaction (density) of each sample will be determined by dividing the bulk specific gravity of each sublot sample by the average bulk specific gravity of all laboratory prepared specimens for the lot, as determined in paragraph 401-5.1 a(2). P-401-14 Revised per AlC Chng 12 I I , I I 'I I .1 .1 I I I I -I .1 .1 I I I I I I I I I I' I, I. I I - (5) Acceptance. Acceptance of field placed material for mat density will be determined by the Engineer in accordance with the requirements of paragraph 401-5.2c. Acceptance for joint density will be determined in accordance with the requirements of paragraph 401-5.2d. c. Partial Lots - Plant-Produced Material. When operational conditions cause a lot to be terminated before the specified number of tests have been made for the lot, or . when the Contractor and Engineer agree in writing to allow' overages or other minor 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 401-5.2.f(4). Acceptance for smoothness will be based on the criteria contained in paragraph 401-5.2f(5). Acceptance for grade will be based on the criteria contained in paragraph 401-5.2f(6). The Engineer may at any time, 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 Ale Chng 12 f. Acceptance Criteria. -I I I I I I 'I .- .1 I I I I I 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 Umits (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. (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 .1 I I . .- - - P-401-16 Revised per Ale Chng 12 I' -~ I: I I~ 11 I: II I, I. I I I I I' 11 I: I~ I I . . 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 Revised per AlC Chng 12 Revised per A/C Chng 12 I " I I I 'I I I I I I I I 'I ,I .1 ,1 I I I 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 include a very large or a very small value which appears to be outside the normal limits of variation, check for an outlier in accordance with ASTM E 178, at a significance level of 5 percent, to determine if this value should be discarded when computing the PWL. 401-5.4 LEVELING COURSE. Any course used for truing and leveling shall meet the requirements of paragraph 401-3.2 and 5.2b, but shall not be subject to the density requirements of paragraph 401-5.2c and d. The leveling course shall be compacted with the same effort used to achieve density of the test section. The truing and leveling course shall not exceed a nominal thickness of 1-1/2 inches. 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 I I 1 I I', I- I. I. I I I, I I" I; I" I,: I I !! 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 '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 D 2172 or ASTM D 6307 for determination of asphalt content. The weight of ash portion of the extraction test, as described in ASTM D 2172, shall be determined as part of the first extraction test performed at the beginning of plant production; and as part of every tenth extraction test performed thereafter, for the duration of plant production. The last weight of ash value obtained shall be used in the calculation of the asphalt content for the mixture. The use of the nuclear method for determining asphalt content in accordance with ASTM D 4125 is permitted, provided that it is calibrated for the specific mix being used. b. Gradation. Aggregate gradations shall be determined a minimum of twice per lot from mechanical analysis of extracted aggregate in accordance with AASHTO T 30 and ASTM C 136 (Dry Sieve). When asphalt content is determined by the nuclear method, aggregate gradation shall be determined from hot bin samples on batch plants, or from the cold feed on drum mix or continuous mix plants, and tested in accordance with ASTM C 136 (dry sieve) using actual batch weights to determine the combined aggregate gradation of the mixture. C. Moisture Content of Aggregate. The moisture content of aggregate used for production shall be determined a minimum of once per lot in accordance with ASTM C 566. d. Moisture Content of Mixture. The moisture content of the mixture shall be determined once per lot in accordance with ASTM D 1461. P-401-19 Revised per A/C Chng 12 , . _ 4 -, ", . - ' . , ""'~""'__""~~?'!f'~~~~'::lI'~_'_-'''''''''.-.-j''''"~~U'":.J'J..._-,.,....,_...,....-.co-...--!lt",".0:...--"'....... -........ Revised per A/C Chng 12 -I I f -I I I j I I .1 I I I I , I "I ; .1 .1 I I I J I ) 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 D 2950. g. Additional Tesailllg. 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 CIHARTS. 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 UMITS FOR INDIVIDUAL MEASUREMENTS Sieve Action Limit Suspension Limit 3/4 inch 1/2 inch 3/8 inch 0% - +/-6% 6% 0% +/-9% +/-9% P-401-20 I. I I' I I: II Il I. I . - - - -- , No.4 No. 16 No. 50 No. 200 Asphalt Content +/-6% +/-5% +/-3% +/-2% +/-0.45% +/-9% +/-7.5% +/-4.5% +/-3% +/-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 96 - 100 90 - 95 75 - 89 55 - 74 Below 55 106 PWL + 10 0.5PWL + 55 1.4PWL-12 Reject 2 I I I , '1 I I I , .1 .1 I I I I '1 .1 I .1 . I - 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) 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 shall not be removed, it shall be paid for at 50 percent of the contract unit price AND THE TOTAL PROJECT PAYMENT LIMITATION J P-40 1-22 Revised per Ale Chng 12 Iq I I I I. 1" I, I. I I I I 10 10 10 I . - . 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 1 00 percent for accepted lots of bituminous concrete pavement shall be used to offset . payment for accepted lots of bituminous concrete pave merit that achieve a lot pay factor less than 1 00 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 D 75 ASTM D 995 ASTM D 118 ASTM D 1461 ASTM D 1559 ASTM D 2041 ASTM D 2172 ASTM D 2419 ASTM D 2489 ASTM D 2726 ASTM D 3203 ASTM D 2950 ASTM D 3665 P-401-23 Revised per Ale Chng 12 ASTM D 3666 ASTM D 4125 ASTM D 4318 ASTM D 4791 ASTM D 4867 . ASTM D 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 'I ;; j I I I . i I .; I j "I .1 .1 I I I I "I ,I .1 .1 I I I Hot-Mix Recycling MATERIAL REQUIREMENTS ASTM D 242 ASTM D 946 ASTM D 3381 ASTM D 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 Ij I I I I' I I: I~ I . - . - 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-1 h CSS-1, CSS-1 h Cutback Asphalt RC-70 Tar RTCB 5, RTCB 6 ASTM D 977 ASTM D 2397 75-130 75-130 25-55 25-55 ASTM D 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 - - "#~__""""._____"""""-'-'__~_~'<1:_ ---. -."-,.. --"""-~-'~''''''--'' ..- P-603-2 I I I i I i I i I .1 -I I I I I I -I '1 ,1 I I I . - - 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 fate 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 MATERIAL-CONTRACTOR'S RESPONSiBILITY Samples of the bituminous material that the Contractor proposes to use, together with a statement as to its source and character, must be submitted and approved 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 fumish 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 fumishing 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 I,,' I I I.; I, 1-': I I. I - . - - - 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 D 1250 for cutback asphalt, ASTM D 633 for tar, and Table IV-3 of The Asphalt Institute's Manual MS-6 for emulsified asphalt. Water added to emulsified asphalt will not be measured for payment. BASIS OF PAYMENT 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 0 633 Volume Correction Table for Road Tar ASTM D 977 Emulsified Asphalt ASTM D 1250 Petroleum Measurement Tables ASTM D 2028 Liquid Asphalt (Rapid-Curing Type) ASTM D 2397 Cationic Emulsified Asphalt AASHTO M 52 Tar for Use in Road Construction Asphalt Institute Manual MS-6 Table IV-3 Temperature-Volume Corrections for Emulsified Asphalts END OF SECTION P-603 P-603-3 I. I I' I I' I; I. I. I I I - - , - . 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-8-1325, 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 BASIS OF PAYMENT I I I I -I '1 'I .1 I I I I 'I 'I .1 I I I 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 fumished 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 PROTEC1ION 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. Payment shall be made at the contract unit price per square foot for runway and taxiway painting. This price shall be full compensation for fumishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. P-620-2 . I I' I I I! I~ I I. I~ I I I - , I" - . 14 _I - . .~ _I =1 ~.! . 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 S 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 Sase Fed.Spec. TT-P-1952 Paint, Traffic and Airfield Marking, Water Emulsion Sase Fed.Spec. TT-P-110 Paint, Traffic Slack (Nonreflectorized) Fed.Spec. TT-B-1325 Beads (Glass Spheres) Retroreflective END OF ITEM P-620 P-620-3 I I I I I~ I' I, I. I I I I I" I, I; I~ I I . 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 needecl 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 10-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 I I I -I _ J I 1 ~I .1 .1 I I I I I 'I ,I ,I , I J I I 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, I' 4 II I. : II 11 I' I; I. I. I I . - - . - - 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 I~ 1 I' I I' I I, I, I I I I 1< 1<, 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 3 Ibs. Per acre 2 Sromacil 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. I, -j I,: I I TRADE NAMES GROUP TRADE NAME RATE PER ACRE MANUFACTURER 1 Dowpon M. 13..5 Ibs. Dow Chemical Co. Agricultural Prod. Dept. Midland, MI 48650 Roundup* 3 qts. Monsanto Co. MAP 800 North Lindbergh St. Louis, MO 63166 1 . 2 I - I . ! I 1 'I ,I "I .1 I I I I -I .1 .1 .1 I I , I J 2 Hyvar 7.5Ibs. E.I. DuPont DeNemours & Co., Hyvar X-L 3 gals. Inc. Velpar 7lbs. Sales Order Center Velpar L 3 gals. Biochemical Oept Wilmington, Delaware 19898 Pramitol 24E 10 gals. Ciba-Geigy Corp. 2 Pramitol80%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.I. DuPont DeNemours & Co., Inc 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. 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. I~ I I: I: I: IJ I., I. I- I 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. O. 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). . . . . 3 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 % inch or greater in width; however, joints greater than one inch in depth may be 4 I I l 'I '. J 'I I -I 'I ,I I I I I I '1 .1 .1 .1 I 408.03 EQU!PMENT: 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: PREPARATION AND SEALING OF CRACKS IN ASPHALT PAVEMENTS 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 % to % 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. - . '!"'" I I I I I: 1'1 E. 11 . . ~ . - - 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. 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 A. 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. B. ,j - i I C. 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. 5 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. .1 I 'I I -I '1 -I -I .1 I I - I 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. 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. 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. iii - -. . 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.. .1 .1 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 D3405 - Joint Sealants, Hot Poured for Concrete and Asphalt Pavement: The prepackaged sealant mixture shall be placed in the 6 I I I I I, I' I I I I I 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. 7 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. I I t I I I { 'I I ,I , .1 ,I I I I ; I 'I -I .1 J I . , I 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 CERT!FICATION: 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. ~ 8 . '''-., 3-