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HomeMy WebLinkAboutPERIMETER FENCING IMP PROJECT ",,Y ~'''_'- n_, "''''''"" -'_ .'""- ~M_">_~ _....-. ". ^ jiJ.p i /7 7 3~7 'J I ~~X~ c/~Regional A if-port AUGUS':'" Jar the '. ".' ""., ".... '." <, AUG"l]stAAVt.1\TION ' , C0l\1~ISSI0N ,-~-, - ,,--'-'.., ,- - --',':' ,---:,~--,\, . -' - - .' >. - ---'. -~' ,- -::-':'-;'- -::: January, '2004" '>' ''', ,':-- ,'-----, THE;L" '. ' /... ". GR~~~. .. . .~~~. 'TRANSPORTAT/()NCbNSUliTANTS , . - .,' .." -- ", ,- ,- -.-" -,,- - - - "~ - -' - --'. ;',," ";';;'" '. I I I I I I I I I I I I I I I I I I I Purchasing Department Gerl A. Sams, Purchasing Director Room 605- Munlclpal 'Building 530 Green~ Street ~ Allauita. GA 30911 (706) 811-2422 - FAX (706) 8U~2811 Visit UlI at www.augunap.gov ADDENDUM TO: All Bidders FROM: Geri A. Sams DATE: February 26, 2004 SUBJ: Addendum #1 Bid Item #04-054 Perimeter Fencing Improvements for Augusta Regional Airport Please note the following change: The bid opening date for Bid Item #04-054, Perimeter Fencing Improvements has been changed fronl Tuesday, March 2, 2004 to Tuesday, April 27, 2004 @ 11:00 a.m. You must acknowledge receipt of addendum in your bid package. If you have any question~ regarding this correspondence~ please contact me at (706) 821-2422. Fred Russell, Augusta, GA Deputy Administrator Brenda Byrd-Pelaez, Augusta, GA Human Resources Willis Boshears, Augusta Regional Airport Andy Busby. LP A Group All Bidders I I I I I I I I I I I I I I I I I I I ADDENDUM NO.2 TO BIDDING/CONTRACT DOCUMENTS FOR PERIMETER FENCING IMPROVEMENTS PROJECT AUGUST A REGIONAL AIRPORT BID ITEM #04-054 in AUGUSTA, GEORGIA TO: All Prospective Bidders DATE: April 15, 2004 This Addendum forms a part of the Contract/Bidding Documents and modifies the original Contract/Bidding Documents as described below. Acknowledgment of receipt of this Addendum in the space provided on Page B-4 of the Bid Form is required. Failure to do so may subject a Bidder to disqualification. This Addendum consists of 6 pages (NOT INCLUDING COVER) and the following attachments (to be transmitted via mail): 1) Bid Form- 28 pages 2) Item F-162 Chain-Link Fence and Gates - 13 pages 3) Summary to Minutes of Pre-Bid Conference - 16 pages PROJECT MANUAL NOTICE TO BIDDERS Revise the third paragraph on Page N-l to the following: "The total Contract time shall be /1~>>l consecutive calendar days..." INSTRUCTIONS TO BIDDERS 1. Revise Paragraph 12.1 on Page IB-6 to the following: ".. . shall be enclosed in a separate envelope with the notation "BID ENCLOSED, PERIMETER FENCING IMPROVEMENTS PROJECT, AUGUSTA REGIONAL AIRPORT, BID ITEM ~,gQ~~" on the face thereof. DO NOT SUBMIT THE PROJECT MANUAL OR DRAWINGS WITH BID. jiltlm;i::m~~;r.Z"i.[~!j,: .,addifiMi ~ij:1Ib!{:fimii'll~:lt!a;rl 2. Revise Paragraph 15.1 on Page IB-7 to the following: "All BIDS shall remain open for ~ij\j:.I~])l days after the day of the opening, but Page 1 of6 4/15/04 OWNER may, in his sole discretion, release any BID and return the Bid Security prior to that Date." CONTRACT FORM 1. Revise Paragraph 3.1 on Page C-1 to the following: "The entire project shall be completed within consecutive calendar days..." 2. Revise Paragraph 7.7 on Page C-5 to the following: "CONTRACTOR's Bid and attachments as listed below. a. Bid Form (pages B-1 to B-~" BID FORM Replace the previous Bid Form with attached revised Bid Form. It has been modified in the following manner: 1. Paragraph 2 on Page B-1 was modified to read: "This BID will remain open for ~ days after the day of BID opening." 2. Paragraph 4a on Page B-3 was modified to read: . "The work will be completed within llij~ consecutive calendar days..." 3. A Debarment Certification was added immediately following the Certification of Non- Segregated Facilities on Pages B-3 to B-4 and Pages B-20 to B-22. 4. Paragraph 8 on Page B-12 was edited to delete the following sentence: "Certification by other agencies that utilize the criteria of 49 CFR 26 will also be acceptable toward meeting the participation percentage." SPECIFICATIONS 1. SECTION 00800 SUPLEMENT ARY CONDITIONS Revise Paragraph 80-08.1 on Page 00800-13 to the following: i:L.,.;.........,.l.~....... uidated damages for failure to complete all work within the total Contract time of 18 consecutive calendar days..." 2. SECTION 01010 SCOPE OF WORK Revise Paragraph 1.05 A on Page 01010-1 to the following: "Construction Time: The work as described by the cont~a~t s~..;.e.;..... ~fications ~nd as shown on the plans shall be ready for use by the Owner wlthm 1'8.... consecutIve calendar days... " 3. Page 2 of6 4/15/04 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4. ITEM S-140 SELECTIVE SITE DEMOLITION A. 5. ITEM F-162 CHAlN-LINK FENCE AND GATES A. This specification has been edited to remove any reference to toprail in the following locations: Paragraphs DA and H.l on page F-162-3 and Paragraphs D and E on page F-162-8. B. This specification has been edited to add roll-formed equivalent fencing products in Paragraphs 2.01.D and 2.04.B and under Material Requirements. D. E. Add the [ollowin ;~.t:r~6~jj':i~~:jr: .~at(s:nM'd~7:i": Page 3 of6 4/15/04 F. Revise Paragraph 4.01.B on Page F-162-9 to the following: "New 6-strand barbed wire will be measured for payment by the linear foot. ~~~~~~eTI1~fl~c~~}l,?~a!?~g th.e,.t?P, of the fence from center to center of end posts i6tl1 ~ijiin;ft(~I:pili:lij'jl{~~~ten$~Qij[;~rmS!r' , H. Delete pay item "F-162A 7' Chain Link Fence (Re-Install EXISTING Six-Strand Barbed Wire) -- per Linear Foot" under Paragraph 4.02.E on Page F-162-1O. Revise "Item F -1?2B, ,T.~hain Li~ ~~I1ce (Install New Six.-~trand Bar~ed Wire) -- per Linear Foot" to ~i;F;.t;~z.i\]7~::~;~li~i.Qm::lilf)t.::;;'Ftll~~::;;::::;:tn~r;{l0m~a~;rFQHt::::Jand adjust the remaining pay item alpha-characters. DRA WINGS 1. FENCING PLANS (FP-l -FP-12) A. Revise the drawings to indicate that the mow strip/intrusion barrier terminates at either side of a proposed gate. . B. Revise all drawing notes to indicate that new 6-strand barbed wire (with new extension arms) is to be installed on the proposed fence. C. Revise all notes from: "Contractor shall install new fence as close as possible to the existing fence prior to removal of existing fence." to the following: "Contractor shall install new fence as close as ossible to the existin fence prior to removal of existing fenc'htlt::n(i~1is~/ffi.ar~~Hi'~if:,tll:r~ff~tCJf:^'ilwa:'.'t ' 2. FENCING PLAN (FP-ll) A. Revise the demolition note on the north side of the ATCT from: "Remove 364:t LF of existing 6' chain link fence and existing 6-strand barbed wire." Page 4 of6 4/15/04 I I I I I . I I I I I I I I I I I I I I I I I I I I I I, I I I I I I I I I I B. 3. FENCING DETAILS (FD-4) Revise all notes regarding stainless steel nuts, washers, and formed eyebolts to be gm3il~~ nuts, washers, and !(9!ifm eyebolts. ANSWERS TO WRITTEN QUESTIONS RECEIVED BY 2/18/04 Q 1. It is very clear that 120 days is not enough to complete this work. It should be increased to 250 days. Can this be changed to allow for a good job? AI. This Addendum has revised Contract Time to 180 consecutive calendar days. Q2. With the wet conditions that the perimeter of the airfield stays in will you accept the "back water" that is sure to fill the trench before concrete is placed in the trench, or will this have to be pumped? A2. This is a construct ability issue. The Contractor will be held responsible for the finished product quality. Water does not affect curing of concrete. When concrete is poured into the trench, the concrete will displace the water. Q3. Section F-162-4-2.02 Swing Gates B-2 frame leafis 2.3750D is out of norm and will pose a weight problem. This should be 2.00"(1.90). A3. There are no frame leaf widths exceeding 13 feet called for in this project. Q4. Who is responsible for location of the utilities location at the Airport? A4. The Contractor is ultimately responsible for having all utilities located prior to construction activities in any given area. Airport personnel will assist the Contractor in locating utilities on the Airport property. Q5. Since virtually all of the perimeter will have to be "utility located". Will the response time of the locators be considered? A5. No additional time will be granted for delays associated with utilities location. It is the Contractor's responsibility to coordinate this effort in advance of when the locate is needed. Q6. Most fence manufacturers of fence will not "certify" any materials until they are shipped. What can be done about this? They can't certify until it is made. A6. Fence manufacturers will certify material prior to manufacture provided that the manufacturer is given proper direction to manufacture to ensure compliance to the specification. Q7. Will all ofthe "layout" diagrams have to be submitted at once or can they be submitted as the Page 5 of6 4/15/04 job progresses and the problems are solved as they show up? A 7. The Engineer and Owner will work closely with the Contractor to approve fence layout as necessary throughout construction. However, it would be preferable to approve large segments of the layout at one time to improve efficiency and minimize wasted time. Q8. Will materials on site be paid for on stored materials? Price increases will pose a problem, so all of the materials will have to be shipped in at one time. A8.' Partial payments for stored materials will be allowed in accordance with General Provision 90-07 (page GP-90-7) and Supplementary Condition 22 (page 00800-15). Q9. With tension wire shown on the plans and no clear determination about top rail, please clarify up. Tension wire is most effective and cheaper but you have to put double braces at the comers and ends, especially with 6 strands of barbed wire. This should be a 450 brace pipe from end or comer post to the bottom of the 1st line post to act as a "stiff leg". A9. The fencing specification has been modified to delete any reference to toprail. Tension wire shall be used instead. Q10. As per detail on drawing FD-1, shouldn't post length be 10'5" and not 9'5" as shown to allow for 3' into concrete? A10. Adjust the Standard Bracing Panel And Typical Line Post detail on plan drawing FD-1 to reflect a post length of 10'5". . Q 11. Please confirm of any concrete testing or if supplier certification and mix design will suffice? All. This Addendum has addressed this issue. Q 12. Please clarify survey requirements for any existing property line or proposed new fence. A12. This Addendum has addressed this issue. Q13. Please confirm expansion and construction joint locations in mow strip. A13. For the mow strip, tooled contraction joints shall be placed every 10' and Yz" expansion joints shall be placed every 100'. Q14. Shouldn't page F-162-8 item 3.01D read "top tension wire" and not "top rail" as per drawing FD-1 ? A14. This Addendum has addressed this issue. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. END OF ADDENDUM NO.2 Page 6 of6 4/15/04 I I I I I I I I ,I t I I I I I I I I I I I I I I I I I I " I I I I I I I I I BID FORM (Failure to furnish all requested data will be cause for considering BIDDER nonresponsive and may render this BID invalid on that basis.) BID FOR: PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.I.P. PROJECT No. 3-13-0011-25 & 26 SUBMITTED TO: Augusta Aviation Commission C/O Augusta-Richmond County Purchasing Department Municipal Building, Room 605 530 Green Street Augusta, Georgia 30911 SUBMITTED BY: BIDDER's Name Address City, State and Zip Code 1. The undersigned, hereinafter called BIDDER, in compliance with the "Notice to Bidders," accepting all ofthe terms and conditions ofthe "Instructions to Bidders," including without limitation those dealing with the disposition of Bid Security; proposes and agrees, if awarded the Contract, to enter into an Agreement with the OWNER in the form of Agreement included in the Contract Documents, to furnish all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the work to be performed under this Contract within the Contract Time indicated in this BID, in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents, to the full and entire satisfaction of the OWNER, for the amounts contained in the Bid Schedules. 2. This BID will remain open for II days after the day of BID opening. If awarded a contract, BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 15 days after the date indicated in OWNER's Notice of Award. 3. In submitting this BID, BIDDER represents that: B-1 of28 Addendum No.2 (a) (b).. (c) (d) (e) (f) (g) I I I I I I I I I t I I I I I I I I I BIDDER has become thoroughly familiar with the terms and conditions of the II proposed Contract Documents accepting the same as sufficient to indicate and convey understanditg of all the conditions and requirements under the Contract which will be execJled for the Work. BIDDER has examiled the site and locality where the Work is to be performed, the II legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance ofthe Work and has made such independent id~estigations as BIDDER deems necessary. This BID is genUin~and not made in the inierest of or on bebalf of any undisclosed person, firm or corp~ration and is not submitted in conformity with any agreement or rules of any group, J~sociation, organization or corporation; BIDDER has not directly II or indirectly induced or solicited any other BIDDER to submit a false or sham BID; II BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BID9ER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over OWNER. II That no member of the Augusta-Richmond City/County government or other officers II or employees of said OWNER is interested directly or indirectly in the Bid or in any portion of the Bid Aor in the Contract or any part of the Contract which may be awarded the undersi~ed on the basis of such BID. This BID is based Jbon prevailing wages in Richmond County, Georgia and in no case are wages less 'than those determined by the Secretary of Labor, a schedule of II which is contained in the General Provisions, GP-I00. It is a condition oftJL BID and any subsequent ~ontract entered into pursuant to this BID, and it shall be lhade a condition of each subcontract entered into pursuant to the II prime contract that the Contractor and any Subcontractor shall not require any laborer or mechanic emplo~ed in performance of the contract to work in surroundings or under working conditions which are unsatisfactory, hazardous, or dangerous to his II health or safety, as determined under Construction Safety and Health Standards, Title II 29, CFR, Part 1518 36FR7340, promulgated by the U.S. Secretary of Labor, in accordance with Se~tion 107 ofthe Contract Work Hours and Safety Standards Act, II 82, Statt. 96; that it is a further condition of this BID that he shall be solely responsible for the Jhforcement of such Construction and Health Standards, and that he definitely underJ~ands that the OWNER and his authorized representatives will not assume any liability resulting from his failure to police and enforce all such standards. The description under each bid item, being briefly stated, implies, although it does not mention, all inci~entals and that prices stated are intended to cover all such work, materials and incid~ntals as constitute BIDDER's obligations as described in the Specifications, and /by details not specifically mentioned, but evidently included in the Contract shall b~ compensated for in the item which most logically includes it. B-20f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I (h) The Prices Bid includes all sales taxes and other applicable taxes and fees. 4. Contract Time: BIDDER agrees that: (a) The work will be completed within :'.: consecutive calendar days from date of Notice-to-Proceed and within the stipulated phasing times as prescribed in Section 01010 "Scope of Work" of the Project Manual. (b) In the event that the construction contract time period occurs between the dates April 1, 2004 through April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no additional expense to the Owner. (c) He/She will commence work with an adequate force and equipment at the time stated in the Notice to Proceed, and complete all work in the number of days stipulated from the date stated in said notice including working overtime and on Saturdays, Sundays, and legal holidays as necessary in order to complete the project on time. 5. Bid Schedule: See attached pages B-4a through B-4d 6. Execution of Contract: BIDDER agrees that: (a) In case of failure on his part to execute the said Contract and Bonds within 15 days after the date indicated in the "Notice of Award", the check or bid bond accompanying this BID, and the money payable thereon, shall be paid to the OWNER as liquidated damages for such failure; otherwise the Bid Bond or check accompanying this BID shall be returned to the undersigned. 7. Bid Documentation: The following documents are attached to and made a part of this BID: (a) Required Bid Security in the form of a Bid Bond or certified check payable to the order of the Augusta Aviation Commission. (b) Non-collusion Affidavit ( c) EEO Report Statement (d) Bidder's Affidavit (e) DBE Statement (f) Buy American Certificate (g) Certification of Non-Segregated Facilities B-3 of 28 Addendum No.2 8. 9. 10. (h) I I I I I I I I I I I I I I I I I I I (i) Subcontractor List (j) Bidder's Questionnaire Regarding Subcontractors (k) B'dd ,: Q l'fi .11 Q " ' 1 er s ua 1 lcatlOn uestlOnnatre Name and business address I( mailing and street) of BIDDER to which all formal Notices shall be sent: II II The terms used in this BID lhiCh are defined in the General Provisions ofthe Construction Contract included as a part ~fthe Contract Documents have the meanings assigned to them in the General Provisions. BIDDER hereby acknowledges receipt of the following addenda: , ~ ' Addendum No. Dated II II II II B-40f28 Addendum No.2 ------ .- BID SCHEDULE I PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I FAA AlP 3-13-0011-25 & 26 Item Spec Estimated I No. No. Item Description / (Write Unit Price in Words) Quantity Unit Unit Price Total Extended 10 F-162A 7' Cbain Link Fence 17,816 LF $ $ II Dollars I II Cents 11 F-I62B Mow StriplIntrusion Barrier 'A' For NeJ Fence 31,541 LF $ $ I II II Dollars II Cents I M S' II . . I .11. 12 F-162C ow tnp ntrusIOn Barner B' For EXlstmg Fence 2,314 LF $ $ II I II Dollars II Cents 13 F-162D 24' Dual Leaf Manual Swing Gate 3 EACH $ $ I II Dollars II Cents I 14 F-162E 20' Dual Leaf Manual Swing Gate 5 EACH $ $ II Dollars I II Cents 15 F-162F 16' Dual Leaf Manual Swing Gate 10 EACH $ $ I II Dollars II Cents I 16 F-162G 14' Dual Leaf Manual Swing Gate I EACH $ $ II Dollars I II Cents . 17 F-162H 12' Single Leaf Manual Swing Gate 3 EACH $ $ I II Dollars II Cents 18 F-162J 4' Pedestrian Gate 8. EACH $ $ I II Dollars I II Cents Page 4-b I BIDDER'S ORGANIZATION Addendum No 2 I I I BID SCHEDULE PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I FAA AlP 3-13-0011-25 & 26 Item Spec Estimated No. No. Item Description / (Write Unit Price in Words) Quantity Unit Unit Price Total Extended I 19 F-162K 24' Dual Leaf Electric Swing Gate EACH $ $ I Dollars Cents I 20 F-162L 20' Dual Leaf Electric Swing Gate EACH $ $ Dollars Cents I 21 F-162M 12' Single Leaf Electric Swing Gate EACH $ $ I DoIlars Cents 22 F-162N 24' Single Leaf Cantilevered Slide Gate 2 EACH $ $ I Dollars Cents I 23 F-162P Six-Strand Barbed Wire 33,653 LF $ $ DoIlars I Cents 24 F-162Q Wildlife Ditch Treatment LS $ $ I DoIlars Cents I 25 Plans Pedestrian Gate Sign 20 EACH $ $ Dollars I Cents 26 Plans Electric Gate Sign 5 EACH $ $ I Dollars Cents I 27 Plans Padlock Gate Sign 10 EACH $ $ Dollars I Cents Page 4-c BIDDER'S ORGANIZATION Addendum No 2 I I I - ---- BID SCHEDULE I PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT I FAA AlP 3-13-0011-25 & 26 Item Spec r Estimated No, No. Item Description / (Write Unit Price in Words) Quantity Unit Unit Price Total Extended I 28 Plans Door Sign 20 EACH $ $ II Dollars I II Cents 29 Plans Restricted Area Sign 190 EACH $ $ I II Dollars II Cents I Total Bid Amount: $ I I I I I I I I I I Page 4-d I BIDDER'S ORGANIZATION Addendum No 2 I I I I I I I I I I I I I I I I I I I I I 11. The BIDDER shall state on the line below, if a corporation, the name of state in which incorporated and the date of said corporation. Signed this day of ,20_. Contractor By: (Signature of individual, partner or officer signing the Bid) License Number ATTEST: (Seal) (Seal required if BIDDER is a corporation.) NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal is required if BIDDER is a Corporation. If Contractor is a partnership, all partners shall execute the BID (add spaces as required). B-5 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto Aueusta Aviation Commission in the penal sum of for The payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed, this _ day of ,20_. The conditions of the above obligation is such that whereas the Principal has submitted to the Augusta Aviation Commission certain BID, attached hereto and hereby made a part hereofto enter into a Contract in writing for the Construction of: Perimeter Fencine Improvements Proiect at the Aueusta Reeional Airport NOW THEREFORE, (a) If said BID shall be rejected, or in the alternate, (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Agreement attached hereto (properly completed in accordance with said BID) and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability ofthe Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that obligations of said Surety and its Bonds shall be in no way impaired or affected by any extension ofthe time within which the Owner may accept such BID; and said Surety does hereby waive notice of any such extension. B-6 of 28 Addendum No.2 IN WITNESS WHEREOP~ the Principal and the Surety have hereunto set their hands and seals, and such of them as are corPorations have caused their corporate seals to be hereto affixed and these presents to be signed byl~their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: (SEAL) (1) (2) Date of Bond mustllbe same date as BID. Bond must be signed or countersigned by Surety's proper Georgia Resident II Agent. Date of Po ~er-of-Attomey shall be same date as date of Bond. If a Partnership, alllpartners shall execute Bond. (3) B-7of28 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FORM OF NONCOLLUSION AFFIDAVIT (This Affidavit is Part of BID) COUNTY OF ) ) SS. ) STATE OF being first duly sworn, deposes and says that he is (Sole owner, a partner, president, secretary, etc.) of the party making the foregoing Proposal or BID that such BID is genuine and not collusive or sham; that said BIDDER has not colluded, conspired, connived, or agreed, directly or indirectly, with any BIDDER or person, to put in a sham BID, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid Price of affiant or any other BIDDER, or to fix any overhead, profit or cost element of said Bid Price, or of that of any other BIDDER, or to secure any advantage against OWNER any person interested in the proposed Contract; and that all statements in said Proposal or BID are true; and further, that such BIDDER has not, directly or indirectly submitted this BID, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. (BIDDER) Sworn to and subscribed before me this day of ,20_. Notary Public in and for County My Commission expires ,20_. (SEAL) B-80f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I (THIS REPORT IS PART OF THE BID) EQUAL OPPORTUNITY REPORT STATEMENT AS REQUIRED BY 41 CFR 60-1.7(b) , The BIDDER (Proposer) shall complete the following statement by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of bid: 1. The BIDDER (Proposer) has _ has not _ developed and has _ does not have _ on file at each establishment affirmative action programs pursuant to 41 CFR 60-1.40 and 41 CFR 60-2. 2. The BIDDER (proposer) has _ 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-l Report). 4. The BIDDER (Proposer) does _ does not employ fifty (50) or more employees. NAME OF BIDDER: BY: TITLE: DATE: B-9 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BIDDER'S AFFIDAVIT (This Affidavit is part of the BID) STATE OF ) COUNTY OF ) being duly sworn, deposes and says that he resides at that he is the (Give Title) who signed the abode Proposal or BID, That he was duly authorized to sign and that the BID is the true offer of the BIDDER, that the seal attached is that seal of the BIDDER and that all the declarations and statements contained in the BID are true to the best of his knowledge and belief. (Affiant) Subscribed and Sworn to before me this day of ,20_0 (Notary Public) My Commission expires ,20_0 (SEAL) B-IO of28 Addendum No.2 I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The following bid conditions apply to this Department of Transportation (DOT) assisted contract. Submission of a BID/proposal by a prospective Contractor shall constitute full acceptance of these bid conditions. (1) DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in Subpart D to 49 CFR Part 26. (2) POLICY - It is the policy of DOT that DBEs as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the perfozmance of contracts and subcontracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. (3) DBE OBLIGATION - The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the perfozmance of contracts and subcontracts financed in whole or in part with federal funds. In this regard all Contractors shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of DOT assisted contracts. (4) COMPLIANCE/CONTRACT ASSURANCE - The CONTRACTOR or his/her subcontractor(s) shall not discriminate on the basis ofrace, color, national origin, or sex in perfozmance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach ofthis Contract, which may result in the tezmination of this Contract or such other remedy as the OWNER deems appropriate. (5) SUBCONTRACT CLAUSE - All BIDDERS and potential Contractors hereby assure that they will include the above compliance clause in all subcontracts which offer further subcontracting opportunities. (6) CONTRACT A WARD - BIDDERS are hereby advised that meeting DBE subcontraCt goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted contract. (7) DBE PARTICIPATION GOAL. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation (DOT), apply to this contract. It is the policy of the OWNER to practice non-discrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all BIDDERS, including those who qualify as a DBE. B-llof28 Addendum No.2 r ~~~{:~:~:~:~:~::~:~:?~:~:~:~:~: (9) The attainment of goals established for this contract is to be measured as a percentage of the total dollar value ofthe con'h-act. The goal the Owner has established for this contract is as follows: I I I I I I I I I I I I I I I I I I I 28.5% of the Contract (in any award scenario) to be performed by DBE firms (based on historical availa~ility of references and the Engineer's determination that the above prescribed pe~centages ofthe total project work is available to be performed by disadvantaged busiJess enterprise (DB E) firms within the project area). II II CONTRACTOR'S REQUIRED SUBMISSION - The OWNER requires the submission of the following information 'with the Bid. Certain other DBE information may also be required. ...:...:;..........:..::::..::..:: ,':.'.." B-120f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACTORS Classification DBE Firm Name Prime, Sub." Address Joint, Mfr., or Description of Dollar Value Telephone Supplier Work of Work 1. $ 2. $ 3. $ 4. , $ 5. $ Affirmation: The above-named DBE firm(s) has(have) affirmed that it will perform the portion of the Contract listed for the estimated dollar value as stated above. By: (Signature) (Title) B-130f28 Addendum No.2 II DISADVANTAGED BUSINESS ENTERPRISE (DBE) . II CONTRACTORS II Classification DBE Firm Name Prime, Sub., Address Joint, Mfr., or Description of Dollar Value Telephone Supplier Work of Work 6. $ 7. $ 8. t $ II Ir 9. $ 10. $ Affirmation: The above-named DBE firm(s) has (have) affirmed that It wIll perform the portIOn of the Contract listed for the estimated dollar valuJ as stated above. Ir Bv: (Signature) (Title) B-140f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE (DBE) TOTALS SUMMARY Total Price Bid $ Total DBE value $ Total DBE percent % The OWNER proposes to award the contract to the lowest responsive and responsible BIDDER submitting a reasonable bid provided he has met the goals for DBE participation or, if failing to meet the goals, he has made an acceptable good faith effort to meet the established goals for the DBE participation. BIDDER is advised that the OWNER reserves the right to reject any or all bids submitted. (10) GOOD FAITH EFFORTS - If the BIDDER fails to meet the DBE subcontract goals established in Paragraph 7 above, the following information must be submitted prior to contract award to assist the OWNER in determining whether or not the BIDDER made acceptable good faith efforts to meet the contract goal. This information (when applicable), as well as the DBE information, should be submitted as specified in Paragraph 9 above. Suggested guidance for use in determining if good faith efforts were made by a BIDDER is included in Appendix A of 49 CFR Part 26. The evidence of good faith efforts must be submitted by any BIDDER who wishes to be considered, within 48 hours after the BIDs are opened. The burden of submitting this evidence rests solely with the BIDDER and not upon the OWNER A list of the efforts that a BIDDER may make and the OWNER may use in making a determination as to the acceptability of a BIDDER's efforts to meet the goal as included in Appendix A are as follows: a. Whether the BIDDER attended any pre-solicitation or pre-bid meetings that were scheduled by the recipient to inform DBEs of contracting and subcontracting opportunities. The BIDDER must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The BIDDER must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations; b. Whether the BIDDER advertised in general circulation, trade association, and minority-focus media concerning the subcontracting opportunities; c. Whether the BIDDER provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited in sufficient time to allow the DBEs to participate effectively; B-150f28 Addendum No.2 d. Whether the BIDDER followed up initial solicitations of interest by contacting DBEs to determine with c~rtainty whether the DBEs were interested; II Whether the BIDDER selected portions of work to be performed by DBEs in order to increase the likelih~od that the DBE goal would be achieved (including, where appropriate, breakiJg out contract work items into economically feasible units to . II facilitate DBE participation, even when the BIDDER might otherwise prefer to perform these work!items with its own forces); I Whether the BIDDER provided interested DBEs with adequate information about the plans, . specification~, and requirements of the contract in a timely manner to assist them in responding'lo a solicitation; (1) Whether thJ BIDDER negotiated in good faith with interested DBBs, not II rejecting DBEs as unqualified without sound reasons based on a thorough investigatioJ oftheir capabilities. It is the BIDDER's responsibility to make a portion of It he work available to DBE subcontractors and suppliers and to select thosell portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participatiol Evidence of such negotiation includes the names, addresses, and telephoJe numbers of DBEs that were considered; a description of the information !~rovided regarding the plans and specifications for the work selected for I~ubcontracting; and evidence as to why additional agreements could not bd1reached for DBEs to perform the work. I I I I I I I I I I I I I I I I I I I e. f. g. h. (2) A BIDDER using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors; and would take Ih firm's price and capabilities as well as contract goals into consideratio~. However, the fact that there may be some additional costs II involved in finding and using DBEs is not in itself sufficient reason for a II BIDDER's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a coAtract with its own organization does not relieve the BIDDER of II the responsibility to make good faith efforts. Prime contractors are not, however, re~uired to accept higher quotes from DBEs ifthe price difference is excessive 'br unreasonable. II Whether the BIDDER made efforts to assist interested DBEs in obtaining bonding, lines of credit, or inlurance required by the OWNER or Contractor; and Whether the BIDD!R effectively used the services of available minority/women community organi~ktions; minority/women Contractors' groups; local and state II Federal Minority /Women Business Assistance Offices; and other organizations as allowed on a case IlbY case basis to provide assistance in the recruitment and placement ofDBEs. 1. B-160f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I NOTE: The nine items set forth above are merely suggested criteria and the OWNER may specify that you submit information on certain other actions a BIDDER took to secure DBE participation in an effort to meet the goals. A BIDDER may also submit to the OWNER other information on efforts to meet the goals. (11) BIDDER ASSURANCE - The BIDDER hereby assures that he is committed to meet one of the following as appropriate: a. The DBE participation goal as established in Paragraph 7 above. b. The DBE participation percentage as shown,in Paragraph 9 which was submitted as a condition of contract award. c. The BIDDER (if unable to meet the DBE Goal of28.5% the Contractor is committed to a minimum of % DBE utilization on this Contract and submits acceptable full documentation demonstrating good faith efforts. Agreements between BIDDER/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other BIDDERS/proposers are prohibited. The BIDDER shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the OWNER. The BIDDER shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affinnative action efforts. Name of BIDDER: IRS Number: By: Title: Date: NOTE: The penalty for making false statements in offers is prescribed in 8 use 1001. B-170f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a BID/proposal under this solicitation, except for those items listed by the BIDDER b~low or on a separate and clearly identified attachment to this BID/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in Article 23 of Instruction to Bidders "Buy American - Steel and Manufactured Products For Construction Contracts") and that components of unknown origin are considered to have been produced or manufactured outside the United States. PRODUCT COUNTRY OF ORIGIN Signature of BIDDER Title B-180f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE Certification of Nonsee:ree:ated 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 qssisted 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 area, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis or race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction Contractor agrees that (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. Signature of BIDDER Title B-190f28 Addendum No.2 I I I I 'I I I I I I I I I I I I I" I I BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS PURPOSE: The OWNER has the responsibility to ensure that it does not enter into a contract for goods or services with any firm, person, etc. that has been debarred, suspended, deemed ineligible or has voluntarily excluded themselves from participation ,in federally funded programs. Note that the term "prospective lower tier participant" has the same meaning as the term BIDDER. Completion of this Certification by the BIDDER is a condition of BIDDER's responsiveness to this BID. INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal the prospective lower tier participant (BIDDER) is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined tliat the prospective lower tier participant (BIDDER) knowingly rendered an erroneous certification in addition to the remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant (BIDDER) shall provide immediate written notice to the OWNER if at any time the prospective lower tier participant (BIDDER) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant (BIDDER) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any subcontract (any lower tier covered transaction) with a firm, or person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant (BIDDER) further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all subcontracts (lower tier covered transactions) and in all solicitations for such subcontracts (lower tier covered transactions). B-20 of28 Addendmn No.2 7. 8. 9. (THE A participant (BIDDER) in a covered transaction may rely upon a certification of a prospective participant in a lower tier cdrered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from fue covered transaction, unless it lmows that the certification is erroneous. A participant rrl~y decide the method and frequency by which it determines the . II eligibility of its 'principals. Each participant may check the Nonprocurement List. Nothing contained in the folgOing shall be construed to require establishment of a system of records in order to render in ~ood faith the certification required by this clause. The lmowledge and information of a prospe~tive lower tier participant (BIDDER) is not required to exceed that II which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authlrized under paragraph 5 ofthese instructions, if a participant in a covered transaction lmowin~ly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies a~ailable to the Federal Government, the department or agency with which this transaction origirlated may pursue available remedies, including suspension and/or debarment. I I I I I I ,I I I I I I I I I I !I I I REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) B-2! of28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 85, Section 85.510, Participants' responsibilities. The regulations were published as Part VII ofthe May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING THIS CERTIFICATION, READ INSTRUCTIONS) (1) The prospective lower tier participant (BIDDER) certifies, by submission of this proposal, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depanrnent or agency. (2) Where the prospective lower tier participant (BIDDER) is unable to certify to any of the statements in this certification, such prospective participant (BIDDER) shall attach an explanation to this proposal. Name and Address of BIDDER's Organization: Name of BIDDER's Authorized Representative (Please Print or Type Name) Signature of BIDDER's Authorized Representative Title of BIDDER's Authorized Representative (Please Print or Type Title) Date B-220f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I PERFORMANCE OF WORK BY SUBCONTRACTORS The BIDDER hereby states that he proposes, if awarded the Contract, to use the following subcontractors on this project: List below all proposed subcontractors and trade specialties. (List only one subcontractor for each item.) The BIDDER shall obtain prior written permission ofthe OWNER should he choose to add or substitute other subcontractor(s) not shown herein. Item Name of Subcontractor Estimated Dollar Value Estimated Total Cost of Items that BIDDER states will be performed by Subcontractors: ($ ) B-230f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I 00 ~ o ~ U rn ~~ ~t8 Z rn 0...... U g =.1:J ~ g ::i 00 u 0 ~.gQ) Zrn.t::J ~~ ~i ~- .~ Cl) ~ 0 ~ ~ &t) ~ I-< Cl) ~ 0.0' bOl-< ~ A ~.- "t:l -<"t:lCl) Z"t:l...... .- rn Z .t::J '00 o rn rn ~ E ~ ~t.+::E-< 00_0 ~-O ~< 01 ~ ~ ~ ~ ~ = I - I I .... e = ~ ~ ^ ~= '6 e fIl 11)= .... ~V; c. .- ~ (j ~ ~ fIl 1_ fIl ~ 's Q "" ~ ~II) - ~~ = = = ~ I g:: qe =.-1 ~~ ~ = = = r- = Co II) ~ v -e "'f2 ~ t:: .... = I-< .... "" ~ 0 ~ ~ u '-' (I.l fIl ~ "" -e -e -< e "" .... ~ ~ Q ~ ~ e = Z e "" .... ~ N 00 0 NZ 4-1 S o ::l -.:t"t:l N l=: I Cl) ~"t:l "t:l < I I I I I I I I I I I ,I I I I I I I I BIDDER QUALIFICATION QUESTIONNAIRE Submitted by Name of BIDDER General Contractor's License # ( ) An Individual ( ) A Partnership ( ) A Corporation Federal Identification # Principal Office Address: (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary) Project Title Contract Amount Required Completion Date Actual Completion Date Name/Address/Tel of Owner B-250f28 Addendum No.2 (4) (5) (8) (9) (6) Have you ever failed to complete any work awarded to you? If so, where and why? II II II Has any officer or partner 1 your organization ever been an officer or partner of some other organization that fail~d to complete a construction contract? If so, state name of individual, name of other 6tganization, and reason therefore. II II II Has any officer or partner ~fYOUr organization ever failed to complete a construction contract handled in his ow~ name? If so, state name of individual, name of owner and reason therefore. II II Ir It Give below any informatiol which would indicate the size and capacity of your organization, including nutb.ber of employees, equipment owned by your organization, etc., which are available fo~ utilization on this Contract. II II II II What is your bonding capJity? II II What amount of your bonding capacity has been used as of the date ofthis bid? II II I I I I I I I I I I I I I I I I I I I (7) B-260f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I (10) How many applications for performance and payment bonds have you made in the last three (3) years? (11) How many ofthese applications were not approved? (12) Have any claims been filed against a bond provided for you by your surety bond company in the last five (5) years? If so, describe the nature ofthe claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets ifnecessary.) B-2? of28 Addendum No.2 I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and t~at those examining this document have my permission to contact any or all ofthose parties li'~ted in this questionnaire. Incorrect or misleading statements in this questionnaire shall be groun'as for a determination of nonresponsibility with respect to such contractor., II ****************************************************************************** (SIGNATURE OF BIDDER) (T1E OR PRINT COMPANY NAME) (TYPE OR PRINT ADDRESS) B-280f28 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PART 1 1 01 1 02 ITEM F-162 CHAIN-LINK FENCE AND GATES GENERAl, DES C:R TPTTON A. This item shall consist of furnishing and erecting chain-link fence and gates in accordance with these specifications and the details shown on the plans and in conformity with the lines and grades shown on the plans or established by the Engineer. B. Work includes: New perimeter fencing, 6-strand barbed wire (new or re- installed), gates, mow strip / intrusion barrier, and special ditch treatments as shown on the plans. All material shall be furnished new for Item F-162 Chain-Link Fences and Gates, except for the existing barbed wire shown on the plans to be reinstalled. C. All new and relocated permanent fencing and components shall be installed iri a neat workmanlike manner. Any work that does not meet this criteria, in the opinion of the Engineer, will be rejected and shall be replaced or reinstalled at no additional cost to the Owner. Sl ffiMTTT AT,S A. Product data: Indicate material types, gauges, sizes and finishes, construction and erection details, and gate assemblies including spacing of post and foundation details. B. Layouts: Detail fence layouts indicating exact length of fence runs, pull, comer, end posts, signage, etc. __~fa' C. Manufacturer's certification that all fencing materials are produced in accordance with this specification. No payment will be made until material has been certified. Material will NOT be approved prior to receipt of manufacturer's certification on all components. D. The Owner (Engineer) may elect to test fence components. The contractor will be responsible for supplying samples. In the event that components do not pass specified criteria, the contractor shall: F-162-1 Addendum No.2 103 1 04 1.05 PART 2 2,01 1. Cease installation of affected components. I I I I I I I I I I I I I I I I I I I 2. Remove affected components previously installed. 3. Submit new samples to testing laboratory selected by the Owner. 4. The owner shall pay for the initial test. If initial test fails, the contractor shall pay for all subsequent tests required to determine if materials meet the specifications. QlJ A LTTY rRTTERIA A. Industry Standards: As a minimum, comply with referenced Federal and ASTM standards: JOR rONDTTTONS A. Begin fence installation only after completion of finish grading in the fencing areas. B. At no time during the installation of new fence or components shall the security of the Airport be compromised. It shall be the responsibility of the Contractor to schedule all construction activities regarding the perimeter fence so that no lapse or degradation of Airport security will occur. MARKING A. Each roll of fabric shall carry a tag showing the kind of base metal (steel, aluminum, or aluminum alloy number), kind of coating, the gauge of the wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire, and other fittings shall be identified as to manufacturer, kind of base metal (steel, aluminum or aluminum alloy number), and kind of coating. PRODUCTS FENCING A. Fencing: Zinc coated or aluminum coated steel chain link fence complete with braces, supports, and other accessories to complete the work as indicated on the drawings. B. Fabric: 2 inch mesh, formed from 9 gauge commercial quality zinc coated steel wire conforming to ASTM A 392 (zinc coated) and ASTM A 817 Class 2 ; or aluminum-coated steel (high tensile steel core wire with 90,000 F-162-2 Addendum No.2 I I I I I I I' I I I I I I I I I I I I C. psi tensile strength) fabric with a 0.135 inch (+0.005 inch) outside diameter and a 0.4 oz.lft2 aluminum coating conforming to requirements of ASTM A 491 and ASTM A 817; or 9 gauge commercial quality aluminum coated steel wire conforming to ASTM A 491 and ASTM A 817; bottom-knuckled where fabrics join; twisted and barbed all other salvages. Barbed Wire: Barbed wire shall be 2-strand 12-112 gauge zinc-coated wire : with 4-point barbs and shall conform to the requirements of ASTM A 121, Class 3; or 2-strand 12-1/2 gauge aluminum coated wire with 4-point barbs and shall conform to the requirements of ASTM A 585, Class II. D. 1. End comer and pull posts 2.875" a.D. X 0.203" wall thickness. 2. 3. Gate posts for single gate or double of 6 feet or less leaf width: 2.875" a.D. x 0.203" wall thickness; for gate leaf width between 6 feet and 14 feet: 4.0" a.D. x 0.237" in wall thickness. 4. 5. Special posts: as shown on the drawings. E. Diagonal truss bracing: 3/8" diameter high carbon steel with turnbuckle, other than diameter, conforming to ASTM F 626. F. Post tops and fittings: Galvanized steel or malleable iron conforming to ASTM F 626. G. Bands: Pressed steel conforming to ASTM F 626. H. Miscellaneous Fittings: Conforming to Fed. Spec. RR-F-019l/4c, ASTM F 626, ASTM A153 or ASTM A 824, the more stringent specification being the requirement of the material being supplied: 1. Ties for fastening fabric to posts and ~ift~:mi':;~i~~: No. 12 gauge galvanized steel wire: No. 12 gauge galvanized steel wire hog rings, or No. 9 gauge aluminum wire hog rings or No. 9 Gauge aluminum WIre. 2. Tension wire: Spiralled or crimped No.7 gauge steel wire with Type F-162-3 Addendum No.2 I coating or Type II, Class 3 coating. 3. Stretcher bars: 3/16 in. X %" in. steel, 2 inches less in length than the fabric width. Provide one bar at each gate and end post; two at each comer and pull post. 4. Other hardware and fittings: ASTM F 626 or I Manufacturer's industrial use design standard. 202 SWING GATES A. B. Frame: Standard weight (Sch. 40) zinc coated steel pipe conforming with ASTM Fl083 of the following outside diameters: 1. Frame leaf widths between 6 ft. and 13 ft.: 1.90 inch a.D. with internal bracings. 2. Frame leaf width exceeding 13 ft.: 2.375 inch O.D. C. Fabric: Same as fence fabric. D. Provide the following hardware for gates: 1. Hinges: Steel or malleable iron of size to suite gate size, non-lift off type, offset to allow 1800 operation. Furnish one pair of hinges per leaf. 2. Single gate latch and double gate latch: Forked type meeting the requirements of ASTM F900. 3. Stops: Muslrroom type at double leaf gates; to engage drop rod or plunger bar. 4. Keepers shall be provided for all swing gate leaves. 2.03 CANTILEVER SLIDE GATE F-162-4 Addendum No.2 I I I I I I. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I A. Gate Construction: The gate shall be fabricated from 6063- T6 aluminum alloy extrusions. The gate frame shall be reinforced or post tensioned with 1.66" x .055" wall galvanized tubular steel running through the full length of the top and bottom primary members. The primary members (top and bottom) shall be "P" shaped or rectangular weighing not less than 1.7Ibs/ft. in cross section, and vertical members at the end of the frame and between the counterbalance and opening shall be square in cross section with nominal dimenSions of no less than 2" x 2", weighing not less than 1.1 lbs./ft. Intermediate vertical spacer bars shall be I" x I" square tubing weighing not less than .52 lbs./ft. B. Gate Frame: The gate frame shall be fabricated in modular sections or in single units depending on size constraints, then shop or field assembled for the specified opening. The gate frame shall have a separate semi-enclosed track of extruded alumimun alloy, which when' shop or field riveted to the assembled gate frame, becomes an integral part of, and forms a composite structure with, the top of the gate frame. Rivets shall be internal "exploding" type, of totally rustproof material, and shall be placed alternately along the top and side of the track at 1'-0" centers. The gate frame is to be supported from the track by two self aligning 4- wheel, sealed lubricant, ball-bearing truck assemblies. The bottom of the support post shall be equipped with two pairs of rubber guide wheels. Diagonal "X" bracing of 1/8" minimum diameter stainless steel aircraft cable shall be installed to brace the gate panels. On gates wider than 22' single opening, a ground roller shall be installed to support the rear of the gate in the open position. C. Fabric: The fabric shall be aluminized steel chain link secured with aluminum tension bars, J-bolts, and tie wires. D. Gates: The gates shall be single or dual leaves to achieve the opening width and cantilever as shown on the plan drawings. E. Posts: The support posts shall be 4" O.D. galvanized steel with concrete footings as shown on the plan drawings. F. Installation: The gate shall be completed by installation of an approved filler as specified. The gate and installation shall conform to ASTM-1l84 standards for aluminum cantilever slide gates, Type II, Class 2. The Contractor shall provide a gate designed to work with the hydraulic gate operators (if stipulated to work with gate operators) as specified in Item F- 163. F-162-5 Addendum No.2 G. Warranty: The Contractor shall provide a 5-year limited warranty on all gate components, guaranteeing the gate against failure. 2.04 COA TING A. Fence fabric, posts and exposed surfaces of all other fencing components: zinc coated unless otherwise noted. ' B. Zinc coating: hot-dip method after fabrication and weaving. The weight of zinc coating when measured in accordance with referenced ASTM standards shall not be less than: 1. Fabric - 2.0 oz. per sq. ft. of surface area in accordance with ASTM A392. 2. Miscellaneous steel and iron fittings and hardware - 1.2 oz. per sq. ft. in accordance with ASTM F 626. 3. Tension wire - 2.0 oz. per sq. ft. in accordance with ASTM A 824. 4. 5. Tie wires - 2.0 oz. per sq. ft. in accordance with ASTM F 626. C. Aluminum coating: As specified in ASTM A 817. 205 GATE OPERATORS FOR SWING GATES A. General: New swing gate operators shall contain a hydraulic cylinder in a steel post assembly to cause the post and gate panel to rotate from zero to 90 degrees. The post assembly should be fully enclosed and weather-proof The operator should be of appropriate speed for the weight of the chain-link gate it will control. The operator should be capable of reversing the gate in either direction upon sensing an obstruction. The gate operator should be capable of driving the gate regardless of snow, ice, or moisture. All components shall be of standard industrial design, readily available and in general use in the industry. B. Electrical: The minimum standard for all electrical components shall be industrial grade. All cabling from power source to controller shall be underground and installed in 2" Schedule 40 PVC conduit. C. Controls: The controls shall contain at a minimum the following built-in F-162-6 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2.06 2.07 208 features: timer to close the gate, power surge / lightning strike protection, inherent entrapment sensor, LDC for reporting of features, and port for connection to a laptop. The new gate control must be compatible with the existing gate's access control system. GA TE OPERA TORS FOR CANTU ,EVER ST ,IDE GATES A. General: New sliding gate operators shall be a hydraulic drive slide type designed for continuous operation and capable of actuating cantilever construction, chain link gates. The gate operator shall travel at a speed of 2 feet per second minimum. All components shall be of standard industrial design, readily available and in general use in the industry. The gate operator shall be capable of driving the gate regardless of snow, ice or moisture on the drive rail and shall have built-in manual release which disengages the drive wheels to allow manual sliding of the gate panel in case of power of mechanical failure. B. Electrical: Contractor shall verify available voltage at installation location prior to ordering operator. All cabling from power source to controller shall be underground and installed in 2" Schedule 40 PVC conduit. C. Control Circuitry: Controls shall consist of relays or microprocessor based Programmable Logic Controller (PLC) with battery back-up. An internal timer shall limit run time of the unit to 90 seconds maximum in anyone direction and if desired, delay reversal of gate by 1.5 seconds (typical) when signaled by an open button or safety device to protect operator life. The gate operator shall have full systems capabilities so additional control systems can easily be added in the field. A standard open, close, stop push-button shall be included for manual override and servicing. CONCRETE Concrete for all fence posts and mow strip / intrusion barriers shall meet the requirements of item P-61O. '1II.....;~iZ~ CONSTRl JCTTON METHODS FOR GATE OPERA TORS F-162-7 Addendum No.2 Gate operators and pads for mounting shall be installed in accordance with manufacturer's recommendations. Concrete pads for mounting of the equipment shall have a minimum thickness of six (6") inches. 209" WARRANTY OF GATE OPERATORS All material and workmanship shall be guaranteed for a period of five (5) years after initial installation. 210 ACCESS CONTROL SYSTEM For all existing gates with access control systems shown on the plans to be replaced with new gates, the Contractor shall carefully discoIll1ect the existing access control system from the gate, protect it until reinstallation, and reCOIll1ect the existing access control system on the new gate. No separate payment shall be made for this work. All work associated with discoIll1ecting, protecting, and reinstalling the access control systems shall be considered incidental to each gate receiving an existing access control system. PART 3 301 EXECUTION INSTALLATION A. S a~e()sts at 10' -0" o.c., maximum riit~Ptj~~::btfi~riWi~wridiJ~t~dcbfi~tti~ !';WJ:Mli:..~, uniformly between comers and ends. Line post holes shall be not less than 9" in diameter by 3'-3" deep; other post holes, 1'-0" in diameter by 3'-6" deep. Set posts plumb and true in concrete foundations. Crown post's concrete surface to shed water. Posts shall not be driven into the ground. B. . Embed a minimum length of 3.0 feet of the post in concrete. The concrete shall be thoroughly compacted around the posts by tamping or vibrating. No materials shall be installed on the posts, nor shall the posts be disturbed in any manner within 7 days after the individual post concrete footing is completed. Should rock be encountered at a depth less than the plaIll1ed footing depth, a hole 2 inches larger than the greatest dimension of the posts shall be drilled to a depth of 18 inches. After the posts are set, the remainder of the drilled hole shall be filled with a high strength non-shrink grout. Any remaining space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be made for rock drilling, rock excavation or high strength non-shrink grout. F-162-8 Addendum No.2 I I I I I I. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I C. Brace end, comer and pull posts with horizontal, intermediate brace and truss braces. Maximum distance between braced posts: 500 ft. D. mrua;~ D. Install fabric on exterior of closed space. Stretch fabric taut generally following the contour of the ground"allowing no less than 1" nor more than 2" clearance at grade. Fasten to lineposts and ~idsiijij::::~~ vvith ties' all other areas with stretcher bars. Tie fabric to post at l' -0" o.c.; !'@hsiijaIw:f";; at 2' ~O"o.c. Fabric shall not bypass end, gate, comer or pull posts. Join fabric lengths by weaving a single strand into ends of roll to form a continuous length. E. Protect prefinished surfaces from damage until Date of Substantial Completion. Replace components damaged during installation. F. Install gates complete with specified hardware at locations indicated. Adjust and lubricate hardware. G. Where soil is required to be placed to maintain the maximum specified height between the ground surface and the bottom of the fence fabric, the Contractor shall compact the soil (fill material) to 85 percent of the maximum dry density in accordance with ASTM D 698 (Standard Proctor). 302 ELECTRICAL GROUNDS Electrical grounds shall be constructed where a power line passes over or under the fence and at maximum 500-foot intervals along the fence and attached to each gate leaf and each gate post (i.e. each post on both sides of the gate). The ground shall be installed directly below the point of crossing. The ground shall be accomplished with a copperclad rod 8 feet long and a minimum of 5/8 inch in diameter driven vertically until the top is 6 inches below the ground surface. A No.6 solid copper conductor shall be clamped to the rod and to the fence in such a manner that each element of the fence is grounded. Installation of ground rods shall not constitute a pay item and shall be considered incidental to fence construction. 303 MOW STRIP / INTRUSION BARRIER A. For new and existing fencing indicated to receive the concrete mow strip / intrusion barner, the Contractor shall clear and grub (if necessary), remove and dispose all concrete debris, pipes, tires, metal debris, rubble, timbers, etc., and grade the area to receive the concrete mow strip / intrusion barrier. When the concrete mow strip / intrusion barrier is to be constructed adjacent to the existing fence line, the Contractor shall be careful to protect the existing fence. In the event that the existing fence is damaged beyond its useful function due to activities surrounding construction of the concrete F-162-9 Addendum No.2 304 PART 4 401 402 mow strip / intrusion barrier, it shall be the Contractor's responsibility to replace or fix that which was damaged. I I I I I I. I I I I I I I I I I ,I I I B. All grading required to construct the concrete mow strip / intrusion barrier shall be performed according to Item P-152. C. Placement of stainless steel eyebolts shall be in accordance with the details . in the drawings. Installation of eyebolts shall occur prior to concrete setting. WILDLIFE DITCH TREATMENT In areas indicated to receive wildlife ditch treatment, the Contractor shall install the new ditch treatment as indicated in the drawings. Any debris encountered that may affect the installation shall be removed and properly disposed of. MEASUREMENT AND PAYMENT BASIS OF MEASl JREMENT A. New chain-link fence will be measured for payment by the linear foot. Measurement will be along the top of the fence from center to center of end posts and shall include grassing and mulching of disturbed areas. B. New 6-strand barbed wire will be measured for payment by the linear foot. Measur.en.?:eIltvyill ~e al()nHthetg HClfthe feIlce from center to center of end posts.fta~sti~Uifitltide;new;'ii)t~ftsion;~rrii~. C. New concrete mow strip / intrusion barrier for either new or existing chain link fence will be measured for payment by the linear foot and shall include any and all earthwork required for its installation. D. Payment for dual-leaf manual and electric swing gates, single-leaf manual and electric swing gates, and pedestrian gates will be made at the contract unit price for each gate. E. Payment for single-leaf cantilever slide gate will be made at the contract unit price for each gate and shall include gate operators and controllers, and all necessary safety requirements to comply with Underwriters Laboratory safety standard UL 325. All electrical connections required for these items shall be considered incidental to the unit price bid for each gate. F. Wildlife ditch treatment will be measured for payment on a lump sum basis and shall include that ditch treatment required from center to center of end posts, as shown in the drawings. BASIS OF P A YMRNT F-162-1O Adderidum No.2 I I I I I I I I I I I I I I I I I I I A. Payment for chain-link fence will be made at the contract unit price per linear foot. B. Payment for six-strand barbed wire will be made at the contract unit price per linear foot. C. Payment for concrete mow strip I intrusion barrier' will be made at the contract unit price per linear foot. D. E. Payment for wildlife ditch treatment shall be made at the contract unit price per lump sum. The price shall be full compensation for furnishing all materials, and for all preparation, erection, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: ~t~I1iFs;1:62i...... .............:.:.7t(fuhiift.]Afi'k!fReri~~AA.p~tEihM.H;!fJfuj Item F-162il Item F-162~ Item F-162[i/ Item F -162!El Item F~ 162~ Item F-162~ Item F-162& Item F-16~ Mow Strip I Intmsion Barrier' A' for New Fence -- per Linear Foot Mow Strip I Intmsion Barrier 'B' for Existing Fence -- per Linear Foot 24' Dual Leaf Manual Swing Gate -- per Each 20' Dual Leaf Manual Swing Gate -- per Each 16' Dual Leaf Manual SwingGate -- per Each 14' Dual Leaf Manual Swing Gate -- per Each 12' Single Leaf Manual Swing Gate -- per Each 4' Pedestrian Gate -- per Each F-162-11 Addendum No.2 Item F -1621 24' Dual Leaf Electric Swing Gate -- per Each Item F-1621 20' Dual Leaf Electric Swing Gate -- per Each Item F-1621Ml 12' Single Leaf Electric Swing Gate -- per Each Item F -:l62fj] 24' Single Leaf Cant~levered Slide Gate -- per Each Item F-1621il Six-Strand Barbed Wire -per Linear Foot. Item F -162~ Wildlife Ditch Treatment -- per Lump Sum MATERIAL REQUIREMENTS ASTM A 121 Zinc-Coated (Galvanized) Steel Barbed Wire ASTM A 123 Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip ASTM A 153 Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTM A 392 Zinc-Coated Steel Chain-Link Fence Fabric ASTM A 491 Aluminum-Coated Steel Chain-Link Fence Fabric ASTM A 585 Aluminum-Coated Steel Barbed Wire ASTM A 817 Specification for Metallic-Coated Steel Wire for Chain Link Fence Fabric ASTM A 824 Specification for Metallic-Coated Steel Marcelled Tension Wire for Use With Chain Link Fence ASTM F 626 Specification for Fence Fittings ASTM F 669 Specification for Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence ASTM F 900 Specification for Industrial and Commercial Swing Gates ASTM F 1083 Pipe, Steel, Hot-Dipped Zinc-coated (galvanized) Welded, for Fence Structures F-162-12 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Fed. Spec. RR-F-19113 Fed. Spec. RR-F-19114 Fencing, Wire and Post, Metal (Chain-Link Fence Posts, Top Rails and Braces) Fencing, Wire and Post, Metal (Chain-Link Fence Accessories) -END OF ITEM F-162 F-162-13 Addendum No.2 I I I I I I I I I I I I I I I I I I I I) II) SUMMARY TO MINUTES OF PRE-BID CONFERENCE PERIMETER FENCING IMPROVEMENTS PROJECT at the AUGUST A REGIONAL AIRPORT AUGUST A, GEORGIA 3:00 P.M. February 17, 2004 INTRODUCTION Mrs. Phyllis Mills with the Augusta-Richmond County Purchasing Department introduced herself and welcomed the attendees to the Mandatory pre-bid conference for Bid Item #04- 054, Perimeter Fencing Improvements Project for the Augusta Regional Airport. Mrs. Mills introduced the Engineer on this project, Mr. Andy Busbee with The LP A Group, Inc. then turned the meeting over to Mr. Busbee. Mr. Busbee informed the attendees that an attendance list was being circulated around the room and reminded everyone to sign it so that we would have record of their attendance, and it would be taken to the site for initials for the Mandatory Site Visit. Minutes to the conference would be prepared and sent to each company attending. Mr. Busbee then asked that questions be held to the end of the presentation and discussed the following items in regards to the referenced project. . SCOPE OF THE PROJECT The Work may be generally described as follows: Removal and reinstallation of approximately 18,000 linear feet of existing six -strand barbed wire, removal of approximately 18,000 linear feet of existing 6' -high chain link fence and gates, installation of approximately 33,700 linear feet of new 7' -high chain link fence, six- strand barbed wire, various sized gates, construction of a concrete mow strip and intrusion barrier for new and existing fencing, and installation of various types of perimeter signage. III) INSTRUCTION TO BIDDERS Section 5.1 All questions about the meaning or intent ofthe Contract Documents shall be submitted to the AUGUSTA-RICHMOND COUNTY PURCHASING DEPARTMENT in writing. ALL QUESTIONS OR CLARIFICATIONS SHALL BE DIRECTED TO THE PURCHASING DEPARTMENT. DIRECT CONTACT BY ANY POTENTIAL BIDDER TO THE ENGINEER OR AIRPORT OTHER THAN A VIEW PLANS MAY BE CAUSE FOR BID DISQUALIFICATIONS. Questions received later than 11 :OOa.m. the day after the mandatorv pre-bid conference will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Section 6.1 Each BID must be accompanied by Bid Security made payable to OWNER, in an amount often (10) percent ofthe BIDDER's maximum BID PRICE (including all additive alternatives) iri the form of a Bid Bond prepared on the Form of Bid Bond included in the BID, duly executed by the BIDDER as principal and issued by a surety meeting the requirements of the General Provisions and Supplementary Conditions thereto. Section 7.2 In tbe event tbat tbe construction contract time period occurs between the dates Aprill, 2004 through April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no additional expense to the Owner Section 11.1 DO NOT USE THE BID FORM BOUND IN THE PROJECT MANUAL FOR SUBMISSION OF BIDS. Bid Documentation: The following documents are attached to and made a part ofthis BID: (a) Required Bid Security in the form of a Bid Bond or certified check payable to the order of the Augusta Aviation Commission. (b) Non-collusion Affidavit (c) EEO Report Statement (d) Bidder's Affidavit (e) DBE Statement (f) Buy American Certificate (g) Certification of Non-Segregated Facilities (h) Subcontractor List (i) Bidder's Questionnaire Regarding Subcontractors. (j) Bidder's Qualification Questionnaire Addendum No.2 will add Debarment Certification to Bid Form. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Section 11.11 The only markings by the BIDDER which will be considered by the OWNER in evaluating the BID are those made on the bid form itself. No markings on the exterior of the envelope or other extraneous marks will be considered as part ofthe BID. Section 12.1 BIDS shall be submitted at the time and place indicated in the Advertisement. Each BID shall be marked and addressed as required in the Advertisement and shall be accompanied by the Bid Security and other required documents. Ifthe BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED, PERIMETER FENCING IMPROVEMENTS PROJECT, AUGUSTA REGIONAL AIRPORT, BID ITEM # 04- 054" on the face thereof. DO NOT SUBMIT THE PROJECT MANUAL OR DRAWINGS WITH BID. Section 12.1.1 Mailing address: Geri A. Sams, Purchasing Director Augusta-Richmond County Purchasing Department Municipal Building, Room 605 530 Greene Street Augusta, Georgia 30911 Section 15.1 All BIDS shall remain open for ninety (90) days after the day of the opening, but OWNER may, in his sole discretion, release any BID and return the Bid Security prior to that Date. Section 16.6 If a contract is to be awarded, it will be awarded pursuant to the OWNER's procurement policy and to the lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. It is the OWNER'S intention to award the project depending upon the availability of funds and the BIDDER being responsible and submitting a responsive BID for the Project. Section 16.7 If a contract is to be awarded, OWNER will give the Successful BIDDER a NOTICE OF AWARD within ninety (90) days after the day of Bid Opening. Section 19.2 Estimated Quantities: Where quantities of work are given in the BID these are approximate and are assumed solely for comparison of the BIDS. They are not guaranteed to be accurate statements or estimates of quantities of work that are to be performed under the Contract, it being presumed that the BIDDER has verified the quantities necessary to complete the Work of the Contract as intended, and any departure there from will not be accepted as valid grounds for any claim for damages, for extension of time or for loss of profits; nor will any additional payment, be made regardless of the actual quantities required or ordered to complete the Work. Section 20.1 A MANDATORY Pre-Bid conference will be conducted on February 17, 2004 at 3:00 P.M. at the Augusta-Richmond County Purchasing Department, Municipal III) IV) Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. A MANDATORY Site Visit will be held after the Pre-Bid Conference .at the Augusta Regional Airport, 1501 Aviation Way, Augusta, Georgia 30906. I I I I I I I I I I I I I I I I I I I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 28.50% of the Contract to be performed by DBE ,firms (based on historical availability of references and the Engineer's determination that the above prescribed percentages ofthe total project work is available to be performed by disadvantaged business enterprise (DBE) firms within the project area). SUPPLEMENTARY CONDITIONS Bidders were urged to examine the insurance requirements contained in the supplementary conditions to ensure compliance. The yellow pages amend the pink pages. When you are preparing your bid please pay close attention to forms that need to be sent to your insurance company. Purchase a separate policy that protects just the OWNER and is in the OWNER's name. Pay item is available for this. SECTION 01010 Section 1.05 A. Construction Time: The work as described by the contract specifications and as shown on the plans shall be ready for use by the Owner within 120 consecutive calendar days after the Notice-to-Proceed date. In order to minimize the impact to airport passengers, airport tenants and the employees, completion of the project is critical and liquidated damages for not completing the project within the stipulated contract time as stipulated in this section and as set forth in Section 00800 Supplementary Conditions will be enforced. B. Construction Phasing: No set phasing has been established for this project. The Contractor shall also comply with the following stipulations in order to minimize the impact to the aircraft operations and the airfield tenants. 1. In the event that the construction contract time period occurs between the dates Aprill, 2004 through Aprill4, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. All equipment shall be stored in the designated staging area. There shall be no measurement or payment associated with additional costs for this shutdown period. Any extra costs due to this shutdown shall be considered incidental to Item 01000 Mobilization. 2. The contractor shall coordinate construction with the Engineer, Owner, FAA, and the A TCT on a daily basis. I I I I I I I I I I I I I I I I I I I 3. During the life of the Contract, the Contractor shall designate an authorized individual to be on 24-hour call equipped with beeper and cellular phone to respond to any situation arising out of his performance of work on this project, and shall respond and be at the project within one hour after the phone call. 5. The Contractor will not be permitted to stockpile material within the runway and taxiway safety zones, or any other location hazardous to the aircraft operation. , 6. No overnight stockpiling of material will be allowed in the active Airport Operation Area (AOA) outside the designated staging area. 7. The Contractor shall employ a skilled person for locating existing airfield wiring. Before beginning any excavation the Contractor shall locate and mark all utilities affected by his operations. The Contractor shall maintain an ample supply of parts to repair damaged wire. Section 1.06 A. Use .of the Site: Confine operations at the site to the areas permitted under the Contract. Portions ofthe site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. B. Open Passage: Keep existing drives, entrances, and air operations areas designated to remain open, clear and available to the Owner, his employees and the public at all times. Do not use these areas for parking or storage of materials. C. Storage: Do not lU1Teasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary, obtain Engineer's approval. D. Vehicle/Equipment Security: Lock automotive type vehicles, such as passenger cars and trucks, and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place. Personal owned vehicles (POVs) will not be permitted inside tbe secure area. POVs may be stored on the exterior of the fence. Section 1.07 A. NA V AID Areas: During the time of construction, the Contractor may be restricted from working in or around certain essential electronic navigational aids necessary to the safe operation of the airport. The Contractor is hereby notified that the Engineer may restrict construction operations in those areas closest to the active runway and taxiways. B. Radio Communication: Contractor shall maintain two-way radio communication with the Airport air operations personnel, on their frequency (121.9 MHZ Ground Control), at all times during construction. Contractor shall have a working radio on site at all times during construction and shall assign responsible personnel, including flagmen, to continuously monitor the radio. All radios shall be as specified in Section 01510. I I I I I I I I I I I I I I I I I I I c. Turf Restoration: All non-paved areas that are disturbed by the Contractor's work, staging area, haul roads, etc. shall be reseeded and restored to original condition by the Contractor. Except where otherwise specified, there will be no separate pay item for this work; it will be considered incidental to and included in the price bid for Section 01000, Mobilization. D. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. E. Haul Route on Airfield Pavement: Contractor will not be allowed to use any of the existing runways, taxiways, or aprons as part of the haul road unless authorized in writing by the Engineer. F. Access Points: All construction traffic shall enter and exit the project area only through the project access point(s) shown on the plans or approved by the Engineer. Contractor will be responsible for security of entrance gates under use by him/her. G. Construction Stake-Out: The Contractor shall perform construction stake-out in accordance with Article 50-06 of the General Provisions. It will be the Contractor's responsibility to have the airport property line surveyed by a Registered Land Surveyor registered in the state of Georgia prior to the stakeout of the proposed fence. The Engineer and Owner must approve the fence layout prior to installation. H. Haul Route: The Contractor shall be responsible for establishing haul routes suitable for supporting all necessary transportation and construction equipment for the duration of the project. Any existing roads or other areas that are used as part ofthe haul route shall be restored to their original condition after completion of the project. The Contractor will be responsible for all clean up operations of debris that may be on the haul route and for watering and/or other dust preventive measures to preclude fugitive dust from affecting buildings, occupants, or airfield operations. No separate payment will be made for seeding or mulching, or pavement restoration; such costs will be incidental to and included in the price bid for Section 01000, Mobilization. J. Vehicular Markings and Lighting: All vehicles and equipment used on the airfield shall meet airport requirements for marking and lighting. I I I I I I I I I I I I I I I I I I I VI) VII) IX) K. Contacts During Non-Working Hours: For the duration of the project, the Contractor shall designate a list of authorized individuals in a prioritized order, to be on 24 hour call, and these individuals shall be equipped with a beeper and cellular phone. These individuals shall be able to respond to any situation arising out ofthe performance of the work on this project, particularly during nighttime hours, and shall respond and be on the project site within one hour after the phone call or beep. AIRPORT PROJECT PROCEDURES SECTION 01030 Section 1.04H SECURITY: During the removal of existing fence and replacement with new fence no degradation of security will be permitted. The Contractor shall schedule these activities such that all openings in the fence are secured at the end of each days work or when workers are not present. Temporary fencing or employment of a gate guard may be used to aid in maintaining airfield security. WEATHER DELAYS This project with is a calendar day project and you should anticipate some normal weather delays. Section 1035 of the project specifications deals with time extension for adverse weather conditions. SELECTIVE SITE DEMOLITION S-140 Section 1.01D At all times during construction the Airport perimeter must be secure. The Contractor shall remove only that existing fence that can be replaced by the end of each working day. Section 1.02B Types of demolition work include but are not limited to: Removal of existing chain link fence, barbed wire, gates, wooden fence, concertina wire, and appurtenances. Section 3.02.3 Fence removal and salvaging shall be accomplished with as minimal damage as possible to fabric as well as posts. Fabric shall be removed from posts and neatly rolled. Posts shall be carefully pulled from the ground. Existing posts set in concrete shall be disposed of offsite. Posts that are driven into the ground (if any) shall be retained by the Owner. Holes remaining from posts removed from existing asphalt pavement shall be filled in accordance with P-152 and have cold-tar asphalt compacted to a depth matching that of the existing pavement (considered incidental to the demolition item). All fence fabric and posts not disposed of shall remain the property ofthe Owner and shall be removed, protected and delivered to a storage site on Airport property as designated by the Owner. Barbed wire shall be carefully removed, neatly rolled and stored, and protected until re-installed on new fence. Existing barbed wire extension arm shall be carefully removed, stored, and protected X) XI) until re-installed on new fence. All other materials shall be removed from the Owner's property. I I I I I I I I I I I I I I I I I I I Section 3.02.4 Existing gates and electric controllers indicated to be demolished shall be carefully removed in a systematic manner to prevent damage and delivered to an Owner- designated storage location onsite. Existing electric gates shall have power disconnected prior to removal. Demolition of electric gates shall include removal ofthe gate, gateposts, controller, and all appurtenances. The existing ac~ess control system (if so equipped) shall be disconnected from the controller prior to any demolition work. The Contractor shall protect the access control system and re-connect ~o new gate controller. CLEARING & GRUBBING P-151 Section 151-2.2 CLEARING AND GRUBBING. All trees, stumps, roots, brush, rubbish, railroad ties, buried logs, landscape timbers, and other unsatisfactory materials shall be removed. Taproots and other projections over 1-1/2 inches in diameter shall be grubbed out to a depth of at least 18 inches below the existing and finished grades. All holes remaining after the grubbing operation in areas not to be excavated shall have the sides broken down to flatten out the slopes, and shall be filled with acceptable material, moistened and properly compacted in layers to the density required in Item P-152. Section 151-3.1 No measurement will be made for clearing and grubbing those areas designated on the plans. Clearing and grubbing shall be considered incidental to and included in the per linear foot unit price for Item F-162A and/or Item F-162B. CHAIN-LINK FENCE & GATES F-162 Section 1.01B Work includes: New perimeter fencing, 6-strand barbed wire (new or re-installed), gates, mow strip / intrusion barrier, and special ditch treatments as shown on the plans. All material shall be furnished new for Item F-162 Chain-Link Fences and Gates, except for the existing barbed wire shown on the plans to be reinstalled. Final payment of quantities will be based upon receipt of As-Built survey in Georgia state plane coordinate system performed by a Registered Land Surveyor registered in the State of Georgia. SECTION 2.01 A. Fencing: Zinc coated or aluminum coated steel chain link fence complete with braces, supports, and other accessories to complete the work as indicated on the drawings. B. Fabric: 2 inch mesh, formed from 9 gauge commercial quality zinc coated steel wire conforming to ASTM A 392 (zinc coated) and ASTM A 817 Class 2; or aluminum-coated steel (high tensile steel core wire with 90,000 psi tensile strength) fabric with a 0.135 inch (+0.005 inch) outside diameter and a 0.4 oz./ft2 aluminum coating conforming to requirements of ASTM A 491 and I I I I I I I I I I I I I I I I I I I ASTM A 817; or 9 gauge commercial quality aluminum coated steel wire conforming to ASTM A 491 and ASTM A 817; bottom-knuckled where fabrics join; twisted and barbed all other salvages. C. Barbed Wire: Barbed wire shall be 2-strand 12-1/2 gauge zinc-coated wire . with 4-point barbs and shall conform to the requirements of ASTM A 121, , Class 3; or 2-strand 12~ 1/2 gauge aluminum coated wire with 4-point barbs and shall conform to the requirements of ASTM A 585, Class ll. An Addendum will be issued to adjust the measurement for Item F -162Q to include' Y' arms. Section 2.10 ACCESS CONTROL SYSTEM For all existing gates with access control systems shown on the plans to be replaced with new gates, the Contractor shall carefully disconnect the existing access control system from the gate, protect it until reinstallation, and reconnect the existing access control system on the new gate. No separate payment shall be made for this work. All work associated with disconnecting, protecting, and reinstalling the access control systems shall be considered incidental to each gate receiving an existing access control system. Section 3.01A Posts shall not be driven into the ground. Section 3.01H Where soil is required to be placed to maintain the maximum specified height between the ground surface and the bottom of the fence fabric, the Contractor shall compact the soil (fill material) to 85 percent of the maximum dry density in accordance with ASTM D 698 (Standard Proctor). Any required grading work shall be considered incidental to the fence. Perimeter signage for various types of gates were discussed. Bid price should include manufacture and installation. Section 3.03 ALL MOW STRIP I INTRUSION BARRIER A. For new and existing fencing indicated to receive the concrete mow strip / intrusion barrier, the Contractor shall clear and grub (if necessary), remove and dispose all concrete debris, pipes, tires, metal debris, rubble, timbers, etc., and grade the area to receive the concrete mow strip / intrusion barrier. When the concrete mow strip I intrusion barrier is to be constructed adjacent to the existing fence line, the Contractor shall be careful to protect the existing fence. In the event that the existing fence is damaged beyond its useful function due to activities surrounding construction of the concrete mow strip / intrusion barrier, it shall be the Contractor's responsibility to replace or fix that which was damaged. B. All grading required to construct the concrete mow strip / intrusion barrier shall be performed according to Item P-152. C. Placement of stainless steel eyebolts shall be in accordance with the details in the drawings. Installation of eyebolts shall occur prior to concrete setting. Section 3.04 WILDLIFE DITCH TREATMENT In areas indicated to receive wildlife ditch treatment, the Contractor shall install the new ditch treatment as indicated in the drawings. Any debris encountered that may affect the installation shall be removed and properly disposed of. XI) CONCLUSION AND SITE PRESENTATION 1Jtrrr;;arev by: ~ Montgomery, . tion Should you have any changes or additions to these minutes, please contact THE LP A GROUP INCORPORATED at (803) 254-2211. Distribution: All Attendees and Planholders Attachments: List of Attendees File: CA209026.1 a QUESTION & ANSWERS Pre-Bid Questions Ql. On gates with access control system, should bidders include required controls to bring gates up to UL 325 standard? AI. Yes. Q2. Will gate operator equipment be replaced? A2. Gate operators will be replaced in accordance with Specifications in Item F-162. Q3. What will be required of the Contractor for concrete testing? A3. It shall be the Contractor's responsibility to have concrete cylinders made in accordance with ASTM C 31 and tested in accordance with ASTM C 39 and ASTM C 1077. One set of the cylinders will be required for every 4,000 linear feet. The testing lab shall be approved by the Engineer. Q4. Is there any way to reduce the bid holding time from 90 days? A4. Addendum No.2 will revise this requirement. No provisions will be made for material cost Increases. I I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Q5. Can the contract time be adjusted to allow for more time? A5. The contract time will be revised via Addendum No.2. Q6. Will the contractor be limited to the number of crews by the number of escorts the airport will or can provide? . A6. No: The Contr~ctor will be responsible for going through required training and 5 year FBI background checks to get crew foremen and supervisors badged. Badged personnel must have responsible control of escorted people. Q7. Will each crew be required to moriitor the ground control frequency? A7. No, only the Superintendent for the project will be required to monitor the ground control frequency. Q8. Who is responsible for costs of security training and background checks? A8. The airport does not charge for this service. However, it is the Contractor's responsibility for any charges incurred associated with the badging procedure. Q9. What will be the Contractor's survey responsibilities? A9. - The Contractor will be required to employ a Register Land Surveyor registered in the State of Georgia to perform a property boundary survey to locate the existing property line. An As- Built survey of the installed fence will also be required. All survey shall be performed in Georgia state plane coordinate system. QlO. When are eyebolts to be installed in the mow strip? AIO. The eyebolts should be installed into the mow strip while the concrete is still wet, but firm enough to hold the eyebolt in place. QII. Richmond County, Georgia publishes a DBE Directory. Do DBE's on this list count toward meeting the goal? All. No. The only list of acceptable DBE's is produced by the Georgia Department of Transportation. If it can be documented that other state DOTs are the unified certification agency in accordance with 49 CFR 26 for that state, then documentation stating such must be submitted with the bid along with the DBE's certification. Q12. Do bidders need to meet the 28.5% DBE goal in the bid form? A12. It is very important to the Augusta Aviation Commission as well as the Augusta-Richmond County Commission that DBE's participate in this project. As such, the DBE documentation provided in the bid form (or lack thereof) will be evaluated closely. Should the DBE goal not be met by the bidder, good faith efforts should be documented and submitted within 48 hours the bid opening. These good faith efforts will be reviewed by the Owner and a determination will be made if in fact good faith efforts were put forth. Q13. Will the Contractor be required to have a general Contractor's License? A13. No, however, the Contractor will be required to be bonded and insurable as stated in the Project Manual. Q14. Will Davis-Bacon wage requirements be a part ofthis project? A14. Yes. The Davis-Bacon wage and labor requirements are presented in GP-120. Q15., Will there be an allowance to cover costs of obtaining permits? A15. No. Any costs associated with obtaining any required permits shall be considered incidental to mobilization. Q16. Do all materials need to be domestic? A16. This project is a federally - aided contract and must be supplied with domestic products in accordance with 48CFR52, which discusses the Buy American Act. We have included in the Project Manual a list of supplies/materials that the U.S. government has determined are not produced in the U.S. in sufficient quantity and quality. Additionally, bidders need to execute the Buy American Certification in the Bid Form. I I I 1 I I, I I I I I I I I I I I I I I I I I I I~ I ~ 8 I ~ ~ t ~ 0 ;:::: .5 1: .. 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J~ .' ~ j0~~::; :--J~ Q J~ (5:J I:j :) ~. ~ ~ l J ",' . 1-- ..........\ _ l ~ ^,.:f= ~ '-.I I'A ," "'.,:, -.. ~ ...... \ ~~ N :6:-< ~ .~ .f:";l ~ e .~,~ ,51! ~ ~ ~ :'0' ~ ~~ ~ ~ '-J . ~ ~. :-.\ -LC[ , '? u.t~ q,\.f.\ <J~ -0 "- aCQ \- ~ ..... ~ .. ~ ..., 1:1, ~ ~ ~ ~ .Q.: ""-l .~ ~ ~ ~ ~ -t ~ J ~ :} ~ :Y d- u, ~ "'\~ l,,\ "-9 t'"'. "^ I - I I I I I I, I I I I I I I I I I I I I lU) ''"'! 1"\ \J"\~ "'" \<\ \ ~ ...... "(" --- \ -- ~ j':::. "-..g. ~ ~ ><~ 'J ~ ~ ~ -' ~~ I I I I I I I I I I I I I I I I I I I ADDENDUM NO.3 TO BIDDING/CONTRACT DOCUMENTS FOR PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT BID ITEM #04-054 in AUGUSTA, GEORGIA TO: All Prospective Bidders DATE: April 19, 2004 This Addendum forms a part ofthe ContractlBidding Documents and modifies the original Contract/Bidding Documents as described below. Acknowledgment of receipt of this Addendum in the space provided on Page B-4 of the Bid Form is required. Failure to do so may subject a Bidder to disqualification. This Addendum consists of 1 page (NOT INCLUDING COVER) and the following attachments: 1) Bid Schedule - Page B-4b only PROJECT MANUAL BID FORM Replace the previous Bid Schedule, Page B-4b only with the attached revised Bid Schedule, Page B-4b. It has been modified to reflect the correct quantity ofItem F-162A 7' Chain Link Fence to ~$.i~31Iinear feet. BE SURE TO REPLACE THE REVISED PAGE. DO NOT REVISE THE QUANTITY BY HAND AND INITIALS. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. END OF ADDENDUM NO.3 Page 1 ofl 4/19/04 r I- I I I I I I I I I I I I I I I I I Purchasing Department Geri t:.. S~ms, Purchasing Director Room 605- Municipal Bulldirig 530 Greene Street. Augusta, GA 30911 (706) 821-2422 - FAX (706) 821.2811 Visit us at www.augustaga.gov ADDENDUM' TO: All Bidders FROM: Geri A. Sams DATE: June 24, 2004 SUBJ: Addendum #1 Bid Item #04-054A Perimeter Fencing Improvements for Augusta Regional Airport Please note the following change: The bid open'ing date for Bid Item #04-054A has been changed from Tuesday, June 29, 2004 @ 3:00 p.m. to Wednesday, July 7, 2004 @ 11 :00 a.m. Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. Cc: Fred Russell, Augusta, GA Interim Administrator Brenda Byrd-Pelaez, Augusta, GA Human Resources Willis Boshears, Augusta Regional Airport Andy Busby, LP A Group All Bidders I I Invitation To Bid I I Sealed bids will be received at this office until 3:00 p.m., Tuesday, June 29, 2004: Re-Bid #04-054A Perimeter Fencing Improvements at Augusta Regional Airport BID's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 I I I I I I I I I I I I I Scope: Removal and installation of approximately 18,000 linear feet, of existing six-strand barbed wire, removal of approximately 18,000 linear feet of existing 6'-high chain link fence and gates, installation of approximately 33,700 linear feet of new 7' -high chain link fence, six strand barbed wire, various sized gates, construction of a concrete mow strip and intrusion barrier for new and existing fencing, and installation of various types of perimeter signage. BID documents may be obtained at the office of Augusta, GA Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of$75.00 (non-refundable). Documents may be examined by appointment only during regular business hours at the offices of Augusta, GA Purchasing Department. A MANDATORY Pre-BID Conference will be held on Tuesday, June 15, 2004 at 2:00 p.m. in Room 605 of the Purchasing Department. All questions must be submitted in writing to the office of the Purchasing Department by fax at 706-821-2811 or by mail no later than Wednesday, June 16, 2004 by 2:00p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the work. This desire on the part ofthe Owner is not intended to restrict or limit competitive bidding or to increase the cost ofthe work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No BID may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. The Owners reserves the right to reject any or all BID's and to waive technicalities and infonnalities. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program Human Resources Depar1ment at 706-821-2303. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Metro Courier May 27, June 3,10,2004 June 2, 2004 cc: Fred Russell Brenda Byrd-Pelaez Willis Boshears' Augusta, Georgia Deputy Administrator Augusta, Georgia Human Resources Augusta Regional Airport I I I I I I I I 'I I I I I I I I I I I I I Purchasing Department Geri A. Sams, Purchasing Director Room 605- Municipal Buildhig 530 Greene Street - Augusta, GA 30911 (706) 821-2422 - FAX (706) 821.2811 Visit us at www.augustaga.gov ADDENDUM TO: All Bidders FROM: Geri A. Sams DATE: June 24,2004 SUBJ: Addendum #2 for Bid Item #04-054A Perimeter Fencing hnprovements for Augusta Regional Airport Please note the following change: Q 1. Are the following written specifications for the signs correct? 1.) 2.) Yes. "Signs shall have reflective lettering on non-reflective background." "Signs shall be made of 60-mil high performance plastic material." AI. Q4. Please confirm: All access control systems shall be disconnected with reinstalled on new gates at same power level? A2. Yes. Q3. Is a survey actually needed if we are to install the fence either 20' or 3' away from the existing fence? A3. As-built survey of the constructed fence will be required. This survey is to be submitted to the Engineer at the conclusion of the project and must be performed on Georgia Stat Plane coordinate system and sealed 'by a Land Surveyor registered in the State of Georgia. Q4. Is there a need to form the 4" trench below grade for the 18" depth? Definitely you need to form the portion above the existing ground. Weare confirming per the meeting that the mow strip is to follow the existing ground contour. A4. There is no need to form the trench below grade. The concrete mow strip shall follow the existing grade except where it is necessary to make minor grading changes to maintain the required clearance between the proposed fence and the ground. 1 Q5. Please clarify if there is any preparation work that needs to be done to the staging area surface. A5. In accordance with Item 01510 in the specification manual, the Contractor shall prepare his staging area by grading, drainage, and placing a six (6) inch thick CABC over the entire staging area. Upon completion ofthe project, the base shall be completely removed, the site graded to drain, and then seeded and mulched to the satisfaction of the Owner. Q6. Confirming per the meeting that a temporary field office is to be obtained and wired for the AC and Power. A6, A temporary Engineer's field office is NOT required for this project. However, the Contractor is at liberty to provide a temporary field office for support of construction crews. Q7. The consensus of all the attendees was that the time for the contract should be 180 workdays rather than calendar days due to concrete shortages, steel and going into the rainy season. Add to the need of extra time needed if the 4" trench needs to be formed and the concrete cure time is left at 7 days. A7. The Contract time will remain at 180 consecutive calendar days from the Notice- To-Proceed date. Q8. Page F-162-7 of Addendum No.2, Section 2.06 C: "Control Circuitry: Control shall consist of relays or microprocessor based Programmable Logic Controller (PLC) with battery back-up." Does this mean that the PLC only has battery back- up or that the complete control circuit (in essence, the whole gate operator) has battery back-up? If just the PLC, then the logical purpose would seem to be protection of the PLC programming. Therefore, is a PLC with non-volatile memory acceptable? With non-volatile memory, the programming is not lost in the event of a power loss although there is not a battery back-up. A8. The battery back up is intended for the PLC only. Non-volatile memory will not be acceptable. Q9. Page F-162-8 of Addendum No.2, Section 2.09: "All material and workmanship shall be guaranteed for a period of five (5) years after initial installation." Since five (5) year limited equipment warranty is typically provided by, the manufacturer (for example: By-Security), is the airport requesting that a maintenance agreement for five years be included in this bid? After the initial installation, regularly scheduled preventative maintenance is required, independently of the manufactures' warranty, to keep the gate operators functioning properly. Also, in your response, will you please clarify that the Augusta Aviation Commission understands that the manufacturers' warranty and any labor/maintenance warranty with the standard and typical exclusions, such as Acts of God (lighting, tornado, etc.) vandalism or abuse (such as vehicle impact), and misuse (chaining gate closed, obstructing gate travel). Obviously, the manufacturer, the supplier, and installer cannot be responsible for problems with the equipment caused by things over which they have no control. If these 2 I I" I I I I I" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I limitations are not acceptable to the Airport, then a more comprehensive full replacement warranty and maintenance agreement will be required. This much more costly option is basically a built-in insurance policy that covers any mishap to the gate operators. I.. . A9. A maintenance agreement is not being requested with this bid. The Owner ~derstands the manufac~urers' wa:ranty and I any Hlbor/maint~Iia~ce warranty WIth the standard and typIcal exclUSIOns, such as Acts of God (hghtmg, tornado, etc.) vandalism or abuse (such as vehicle inipact), and mi,suse (chaining gate closed, obstructing gate travel). Further, the Owner understands that the manufacturer, the supplier, and installer cannot be responsible for problems with the equipment caused by things over which they have no control. I Please use the attached bid forms to submit your bid. Please acknowledge receipt of addendum in ~our bid package. If you have any questions regarding this correspondende, please contact me at (706) 821-2422. Cc: Fred Russell, Augusta, GA Interim Administrator I Brenda Byrd-Pelaez, Augusta, GA Human Resources Willis Boshears, Augusta Regional Airport Andy Busby, LP A Group All Bidders 3 I I I I I I I I I I I I, I I I I I I I TABLE OF CONTENTS BIDDING REQUIREMENTS (White) Notice to Bidders Instructions to Bidders BID FORMS (Blue) Bid Form Bid Schedule Bid Bond Form of Non collusion Affidavit Equal Opportunity Statement Bidder's Affidavit DBE Program Statement Buy American Certificate (January 1991) Certification of Nonsegregated Facilities Performance of Work by Subcontractors Bidder's Questionnaire Regarding Subcontractors Bidder's Qualification Questionnaire CONTRACT FORMS (White) Contract Exhibit "A" Certificate of Secretary Construction Performance Bond Construction Payment Bond GENERAL PROVISIONS (Pink) Section 10 - Definition of Terms Section 20 - Deleted Section 30 - Deleted Section 40 - Scope of Work Section 50 - Control of Work Section 60 - Control of Materials Section 70 - Legal Relations and Responsibility to Public Section 80 - Prosecution and Progress Section 90 - Measurement and Payment Section 100 - Required Bid and Contract Provisions Section 110 - Method of estimating percentage of material within specification limits (pwl) Section 120 -Required Bid & Contract Provisions Page Numbers N-l to N-2 IB-l to IB-12 B-1 to B-5 B-4a to B-4d B-6 to B-7 B-8 B-9 B-IO B-ll to B-17 B-18 B-19 B-20 B-21 B-22 to B-25 C-l to C-7 1 to 2 CS-l PB-l to PB-2 PB-3 to PB-4 GP-IO-l to GP-IO-6 OMITTED OMITTED GP-40-1 to GP-40-5 GP-50-1 to GP-50-7 GP-60-1 to GP-60-4 GP-70-1 to GP-70-12 GP-80-1 to GP-80-6 GP-90-1 to GP-90-8 OMITTED OMITTED GP-120-1 to GP-120-27 SPECIFICATIONS TABLE OF CONTENTS (Continued) I I I I I I I I I I I I I I I I I I I Paf:!e Numbers SUPPLEMENTARY CONDITIONS (Yellow) 00800 Supplementary Conditions 00800-1 to 00800-16 DIVISION 1 - GENERAL REQUIREMENTS (White) 01000 01010 01030 01035 01040 01090 01150 01300 01510 01600 01700 01710 01720 01740 Mobilization Scope of Work Airport Project Procedures AC 150/5370 - 2E Weather Delays Project Coordination Regulations and Definitions Measurement and Payment Submittals Temporary Facilities Material and Equipment Contract Closeout Contractor Warranty Form; Appendix: Affidavit of Payment; Affidavit of Release of Lien; Final Waiver of Lien; Consent of Surety for Final Payment; DBE Participation Report Cleaning and Disposal Project Record Documents Warranties and Bonds 01000-1 to 01000-1 01010-1 to 01010-4 01030-1 to 01030-5 01035-1 to 01035-4 01040-1 to 01040-5 01090-1 to 01090-3 01150-1 to 01150-4 01300-1 to 01300-7 01510-1 to 01510-4 01600-1 to 01600-5 01700-1 to 01700-2 01710-1 to 01710-2 01720-1 to 01720-4 01740-1 to 01740-3 DIVISION 2 - SITEWORK (White) S-140 P-151 P-152 P -610 T-901 F-162 Selective Site Demolition Clearing and Grubbing Grading / Placement ofFill Structural Portland Cement Concrete Grassing and Mulching Chain-Link Fences S-140-1 to S-140-5 P-151-1 to P-151-1 P-152-1 to P-152-3 P-61O-1 to P-61O-7 T-901-1 to T-901-5 F-162-1 to F-162-12 DIVISION 3-5 NOT USED. DIVISION 16 - NOT USED. ii I I I I I I I I I I I I I I I I I I I NOTICE TO BIDDERS The AUGUSTA A VIA TION COMMISSION will receive seal....~.....'.......,....r.,?..,.i.~..~.! als for the PERIME!ER FENCING IMPROVEMENTS PROJECT, BID ITEM #i~;:;:~~' at the Au usta Re lOnal ....................,.,.:...........':..;..".)~......'........:..;'..",...,...,.....,.'v..;'...;.;.',: Airport, Augusta, Georgia, FAA A.LP. Project No.3-13-00l1-25&26 untiIJ:f:::;::V~:~mfH3.t:~I:ldl lill at the office of the Augusta-Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. Bids will be publicly opened and read aloud. Bids received after the stated time will not be accepted. SCOPE OF WORK: The Work may be generally described as follows: Removal and reinstallation of approximately 18,000 linear feet of existing six-strand barbed wire, removal of approximately 18,000 linear feet of existing 6'-high chain link fence and gates, installation of approximately 33,700 linear feet of new 7' -high chain link fence, six-strand barbed wire, various sized gates, construction of a concrete mow strip and intrusion barrier for new and existing fencing, and installation of various types of perimeter signage. CONTRACT TIME: The total Contract time shall be Ifill consecutive calendar days from the date of Notice- to-Proceed and within the.prescribed construction phasing described in the Project Manual. In the event that the construction contract time period occurs between the dates Aprill, 2004 through Aprill4, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re- mobilize at no additional expense to the Owner. PRE BID CONFERENCE: A MANDA TORY Pre-Bid conference will be conducted on liti.mi.I::~tl7~1ZQJ8:~J:$;;W;;i~.mq at the Augusta-Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. A MANDATORY Site Visit will be held after the Pre-Bid Conference at the Augusta Regional Airport, 1501 Aviation Way, Augusta, Georgia 30906. BIDDING REQUIREMENTS: Bid security in the form of a bid bond, made payable to the Augusta Regional Airport Aviation Commission, equal to lO% of the total bid is required. Contract security in the form of 100% Performance and Payment Bonds will be required. No bid may be withdrawn after closing time for the receipt of proposals for a period of ninety (90) days. A Notice-of-Award for the Contract will be issued once a successful bidder has been determined and funding has been secured. N-l Addendum No.2 Bidding documents may be examined at the following locations: Office of the Owner Augusta-Richmond County. Purchasing Department Municipal Building, Room 605 530 Greene Street Augusta, Georgia 30911 (706) 821-2422 F. W. Dodge Offices Columbia, South Carolina and Augusta, Georgia , AGe Offices Columbia, South Carolina and Atlanta, Georgia Office of the Eneineer THE LP A GROUP INCORPORATED 700 Huger Street Columbia, South Carolina (803) 254-2211 Augusta Builders Exchange 304 14th Street Augusta, Georgia 30901 (706) 724-1846 Bidding Documents may be purchased from the office ofthe Augusta-Richmond County Purchasing Department, Municipal Building, Room 605,530 Greene Street, Augusta, Georgia 30911, (706) 821- 2422, upon prior payment ofthe non-refundable fee of$75.00. No partial set(s) will be issued. This project is funded under provisions ofthe Airport and Airway Safety and Capacity Act of 1987. Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded: (a) Presidents Executive Order No. 11246 as amended by 29 CFR Part 30 and 41 CFR Part 60. (b) Davis Bacon and Related Acts, 29 CFR Parts 1,3 and 5. (c) Copeland Act, 29 CFR Part 3. (d) Contact Work Hours and Safety Standards Act. (e) Title VI of Civil Rights Act of 1964. (f) Disadvantage Business Enterprises (DBE) participation will be required as described in 49 CFR Part 23 and Part 26 and all pertinent amendments. The Augusta Aviation Commission (the Owner) reserves the right to waive any informalities or irregularities in the bids received, to negotiate certain or all contract bid items, to reject any or all bids and to award or refrain from awarding the contract for the work, whichever is deemed to be in the Owner's best interests. Geri A. Sams, Purchasing Director Publish: Augusta Chronicle - Augusta Metro Courier- cc: Brenda Byrd - Pelaez Tim Weegar- Andy Busbee - City Of Augusta Equal Opportunity Augusta Regional Airport The LP A Group, Inc. N-2 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I 1. I 1.1 I I 1.2 I I 1.3 I 2. I 2.1 I 2.2 I 3. I 3.1 I I I 3.2 I I I I INSTRUCTIONS TO BIDDERS DEFINED TERMS Terms used in these INSTRUCTIONS TO BIDDERS are defined in the General Provisions, and the Supplementary Conditions of the Construction Contract and shall have the intent and meaning assigned them therein. Terms defined in the General Provisions being redefined by modification in the Supplementary Conditions shall have the intent and meaning assigned them in the Supplementary Conditions. The term "Successful Bidder" means the lowest, qualified, responsible, responsive BIDDER to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" means the Bidding Requirements, Contract Forms, Bid Forms, Conditions of the Contract, Specifications, Drawings, and Addenda issued by the OWNER for the purpose of obtaining a bid on the Work. BIDDING DOCUMENTS Complete sets of Bidding Documents shall be used in preparing bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. OWNER and ENGINEER in making copies ofthe Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, the Low (Successful) Bidder must submit, within (7) days of Bid Opening, as part of his BID on the prescribed form, evidence which may be required by the OWNER, such as, but not limited to, financial data and previous experience. Each BID must contain evidence, of the BIDDER's qualification to do business in the state where the Project is located. Conditional or qualified BIDS will not be accepted. In addition, pertinent provisions of Paragraph 16 ofthis section determines additional requirements for qualifications of BIDDERS. By submission of a BID the BIDDER agrees, that if awarded a contract, to perform on the Site and with his own organization, work equivalent to at least FORTY PERCENT (40%) of the total amount of the Work to be performed under the Contract. If during the progress of the Work hereunder, the CONTRACTOR requests an adjustment of such percentage and the ENGINEER determines that it would be to the OWNER's advantage, the percentage of the Work required to be IB-l Addendum No.2 performed by the CONTRACTOR's organization may be adjusted; PROVIDED prior written approval of such adjustment is obtained from the ENGINEER. 3.2.1 Each BIDDER must furnish with his BID a list of items that he will perform with his own forces and the estimated total cost of these items. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a BID, each BIDDER must (a) examine the Bidding Documents thoroughly; (b) visit the sites to familiarize himself with local conditions that may in any manner affect cost, progress or performance ofthe W ork; (c) familiarize himself of federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance ofthe Work; and (d) study and carefully correlate BIDDER's observations with the Drawings and Specifications; iCe) notify ENGINEER of all conflicts, errors or discrepancies. 4.2 Before submitting his BID each BIDDER may, at his own expense and assuming all risks, make additional investigations and tests as the BIDDER may deem necessary to determine his BID for performance ofthe Work in accordance with the time, price and other terms and conditions ofthe Contract Documents. On request in advance, OWNER will provide each BIDDER access to the site to conduct such explorations and tests as each BIDDER deems necessary for submission of a BID. BIDDER shall fill all holes, cleanup and restore the site to its former condition upon completion of such explorations. 4.3 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by the CONTRACTOR in performing the Work are identified in The Contract Documents. 4.4 The submission of a BID will constitute an incontrovertible representation by the BIDDER that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance ofthe Work. 5. ADDENDA AND INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to the AUGUSTA-RICHMOND COUNTY PURCHASING DEPARTMENT in writing. Replies, when considered necessary by the PURCHASING DEPARTMENT, will be issued by Addenda, mailed or delivered to all parties recorded by PURCHASING DEPARTMENT as having received the Bidding Documents. Failure of any BIDDER to receive any such Addendum or interpretation shall not relieve BIDDER from any obligation under this BID as submitted. ffi-2 Addendum No.2 I I I I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ALL QUESTIONS OR CLARIFICATIONS SHALL BE DIRECTED TO THE PURCHASING DEPARTMENT. DIRECT CONTACT BY ANY POTENTIAL BIDDER TO THE ENGINEER OR AIRPORT OTHER THAN A VIEW PLANS MAY BE CAUSE FOR BID DISQUALIFICATIONS. Questions received later than 11 :OOa.m. the day after the mandatory pre-bid conference will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Purchasing Department. 6. BID SECURITY 6.1 Each BID must be accompanied by Bid Security made payable to OWNER, in an amount of ten (l0) percent of the BIDDER's maximum BID PRICE (including all additive alternatives) in the form of a Bid Bond prepared on the Form of Bid Bond included in the BID, duly executed by the BIDDER as principal and issued by a surety meeting the requirements of the General Provisions and Supplementary Conditions thereto. 6.2 Attorneys- in- fact who sign the bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy oftheir power-of-attorney. 6.3 The Bid Security ofthe Successful BIDDER will be retained until such BIDDER has executed the Agreement and furnished the required Contract Security and Insurance Certificates, whereupon it will be returned; ifthe Successful BIDDER fails to execute and deliver the Agreement and furnish the required Contract Security and Insurance Certificates within fifteen (15) days of NOTICE OF AWARD, OWNER may annul the NOTICE OF A WARD and the Bid Security ofthe BIDDER will be forfeited to OWNER as liquidated damages for such withdrawal, failure or refusal. The Bid Security of any BIDDER whom the OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the "effective day of the Agreement" by OWNER to CONTRACTOR and the required Contract Security and Insurance Certificates are furnished, or ninety one (91) days after the Bid Opening. Bid Security of other BIDDERS may be released within seven (7) days of the Bid Opening. 7. CONTRACT TIME 7.1 Time for completion of the Project is as stated in the Notice to Bidders and as set forth in the BID and included in the Agreement. ill-3 Addendum No.2 7.2 In the event that the construction contract time period occurs between the dates Aprill, 2004 through Aprill4, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no additional expense to the Owner. 8. LIQUIDATED DAMAGES 8.1 Provisions for Liquidated Damages are set forth III the Contract Form and Supplementary Conditions. 9. SUBSTITUTE OR "OR-EQUAL" MATERIAL AND EQUIPMENT 9.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute "or equal" item of material or equipment may be furnished or used if acceptable to ENGINEER, application for its acceptance must be submitted in accordance with requirements of Section 01600. 9.2 Substitutions and Product Options: BIDDERS are directed to read the statements contained under Section 01600, for substitutions or product options, which specify the conditions under which the material, devices, or equipment to be furnished by the CONTRACTOR are equal to those designated. 10. SUBCONTRACTORS. ETC. 10.1 All BIDDERS shall submit as part of their BID on the prescribed schedules a list of all subcontractors and other persons and organizations (including those who are to furnish principle items ofmaterial and equipment) proposed for those portions of the Work as to which such identification is required. If requested by OWNER, the low BIDDER shall submit an experience statement with pertinent inforination as to similar projects and other evidence of qualification for each subcontractor, other person or organization. If OWNER, after due investigation, has reasonable objection to any proposed subcontractor, other person or organization, the OWNER may before giving the NOTICE OF AWARD require the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful BIDDER declines to make any such substitution, the Contract shall not be awarded to such BIDDER, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Any subcontractor, other person, or organization so listed and to whom the OWNER does not make written obiection prior to giving the NOTICE OF AWARD will be deemed acceptable to OWNER. 10.2 No CONTRACTOR shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. ffi-4 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11. 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 BID FORM AND SCHEDULES One bound copy ofthe Bid Form and Schedules is included herein. One additional unbound copy is provided for use in preparing BIDS. DO NOT USE THE BID FORM BOUND IN THE PROJECT MANUAL FOR SUBMISSION OF BIDS. Bid Forms and Schedules must be completed in ink or by typeWriter. Each BID must be submitted on the prescribed form. All blank spaces and Bid Prices must be filled in. The Bid Price must be stated in words and numerals or as indicated in the BID Forms. The firm, corporation, or individual name of the BIDDER must be signed in ink in the space provided for the signatures on the Bid Form. BIDS by corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. BIDS by individuals must be signed by the individual owner and the terms "doing business" or "sole owner" must appear under the signature. The BIDDER must state in his BID the name and address of each person or corporation interested therein. The numbers of all addenda and the date each was received shall be filled in on the Bid Form. The address to which communications regarding the BID are to be directed must be shown on the Bid Form. Affidavits: Each BIDDER is required to duly execute the BIDDER's and Non-Collusion Affidavits at the end of the BID. All names must be typed or printed below the signature. The only markings by the BIDDER which will be considered by the OWNER in evaluating the BID are those made on the bid form itself. No markings on the exterior ofthe envelope or other extraneous marks will be considered as part ofthe BID. IB-5 Addendum No.2 . 12. 12.1 12.1.1 13. 13~1 13.2 14. 14.1 IS. 15.1 SUBMISSION OF BIDS BIDS shall be submitted at the time and place indicated in the Advertisement. Each BID shall be marked and addressed as required in the Advertisement and shall be accompanied by the Bid Security and other required documents. If the BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED, PERIMETER FENCING IMPROVEMENTS PROJECT, AUGUSTA REGIONAL AIRPORT, BID ITEM ~" on the face thereof. DO NOT SUBMIT THE PROJECT MANUAL OR DRAWINGS WITH BID. sr:::iK{!:} ':ililm:, Mailing address: Geri A. Sams, Purchasing Director Augusta-Richmond County Purchasing Department Municipal Building, Room 605 530 Greene Street Augusta, Georgia 30911 MODIFICA TIONS AND WITHDRAWAL OF BIDS BIDS may be modified or withdrawn by an appropriate document duly executed (in the manner that a BID must be executed) and delivered to the place where BIDS are to be submitted at any time prior to the opening of BIDS. Ifwithin twenty-four (24) hours after the time Bids are opened, any BIDDER files a duly signed written notice with the OWNER and promptly thereafter demonstrates to the reasonable satisfaction ofthe OWNER that there was a material and substantial mistake in the preparation of his BID, that BIDDER may withdraw his BID and the BID Security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work. OPENING OF BIDS BIDS will be opened and read aloud publicly. An abstract ofthe amounts of the base bids and any major alternates will be made available after award is made by OWNER. BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All BIDS shall remain open for il~;f(:ml days after the day of the opening, but OWNER may, in his sole discretion, release any BID and return the Bid Security prior to that Date. ffi-6 Addendum No.2 . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16. 16.1 16.1.1 16.2 16.3 16.4 AWARD OF CONTRACT OWNER reserves the right to reject any and all BIDS, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional BIDS. Also, OWNER reserves the right to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest ofthe Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereofwill be resolved in favor ofthe correct sum. The following are examples of factors which, among others, will determine the responsiveness of bids: a The completeness and regularity of Bid Form; b A Bid Form without excisions or special conditions; c A Bid Form having no alternative bias for any items unless requested in the Specifications; d A Bid Form without obviously unbalanced unit prices; e Submission of a properly executed Bid Bond; and f A Bid responsive to the requirements of Part 152 of Federal Aviation Regulations. In evaluation of BIDS, OWNER shall consider qualifications ofthe BIDDERS and whether or not ,the BIDS comply with the prescribed requirements in the Bid Forms. OWNER may consider the qualifications and experience of subcontractors, other persons or organizations (including those who are to furnish the principle items of materials and equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the General Provisions. Maintenance considerations, performance data and guarantees of materials may also be considered by OWNER. OWNER will consider DBE participation and whether or not BIDDER made an effort to meet specified DBE goals. OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any BID and to establish the responsibility, qualifications and other persons and organizations to do the work in accordance with the contract documents to OWNER's satisfaction within the prescribed time. ffi-7 Addendum No.2 16.4.1 16.5 16.6 16.7 17. 17.1 17.2 18. 18.1 Responsibility shall be based on whether the BIDDER: I I I I I I, I I I I I I I I I I I I I a Maintains a permanent place of business; b Has adequate plant equipment to do the Work properly and within the time limit that is established; c Has adequate financial status to meet his obligations contingent to doing the Work. d Otherwise demonstrates that he is clearly capable, both financially and in terms of past experience, to carry out the work of the contract in a competent and timely fashion. OWNER reserves the right to reject the BID of any BIDDER who does not pass any evaluation to OWNER's satisfaction. If a contract is to be awarded, it will be awarded pursuant to the OWNER's procurement policy and to the lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests ofthe Project. It is the OWNER'S intention to award the proj ect depending upon the availability of funds and the BIDDER being responsible and submitting a responsive BID for the Project. If a contract is to be awarded, OWNER will give the Successful BIDDER a NOTICE OF A WARD within ninety (90) days after the day of Bid Opening. BONDS. CONTRACT SECURITY AND INSURANCE Supplementary Contract Conditions set forth OWNER's requirements as to Bonds and Insurance. When the Successful BIDDER delivers the executed Agreement to OWNER it shall be accompanied by the required Contract Security and Insurance Certificates and'Policies. All Bonds (Bid, Payment and Performance) must be signed or countersigned by the Surety Company's proper resident agent, authorized to do business in the State of Georgia, on whom service can be made in the event oflitigation. SIGNING OF AGREEMENT When OWNER gives a NOTICE OF AWARD to the Successful BIDDER, it will be accompanied by required number of unsigned counterparts ofthe Agreement and all other required Contract Documents. Within fifteen (15) days following the effective date of "Award" CONTRACTOR shall sign and deliver all executed counterparts of the Agreement to the OWNER with all other Contract Documents including insurance certificates and executed bonds attached thereto. ENGINEER will identify those portions of the Contract Documents not fully signed by the OWNER and CONTRACTOR and such identification shall be binding on all parties. ill-8 Addendum No.2 I I I I I I I I I I I I I · I I I I I I 19. SPECIAL REQUIREMENTS 19.1 Laws and Regulations: The BIDDER's attention is directed to the fact that applicable state laws, municipal ordinances and the l}lles and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though therein written out in full. 19.2 Estimated Quantities: Where quantities of work are given in the BID these are approximate and are assumed solely for comparison of the BIDS. They are not guaranteed to be accurate statements or estimates of quantities of work that are to be performed under the Contract, it being presumed that the BIDDER has verified the quantities necessary to complete the Work of the Contract as intended, and any departure therefrom will not be accepted as valid grounds for any claim for damages, for extension of time or for loss of profits; nor will any additional payment, be made regardless of the actual quantities required or ordered to complete the Work. 20. PREBID CONFERENCE 20.1 A MANDA TORY Pre-Bid conference will be conducted on at the Augusta-Richmond County Purchasing Department, Municipal Building, Room 605, 530 Greene Street, Augusta, Georgia 30911. A MANDATORY Site Visit will be held after the Pre-Bid Conference at the Augusta Regional Airport, 1501 Aviation Way, Augusta, Georgia 30906. Representatives of OWNER and ENGINEER will be present to discuss the Project. ENGINEER will transmit to all prospective BIDDERS of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. 21. SALES TAX 21.1 Unit prices bid shall include all sales taxes, and other applicable taxes and fees. 22. PREVAILING WAGE RATES 22.1 The construction wage rates have been certified by the US Department of Labor to be wages prevailing for construction of the contract. In accordance with the terms ofthe Proposal, the Contractor agrees to pay to each employee ofthe corresponding craft at least the wage rate listed. In addition to the basic hourly rates shown, certain crafts, trades or industries indicate health, welfare, pension, and other fringe benefits which are given employees pursuant to a bonafide Collective Bargaining Agreement for the respective craft, trade, or industry. In the absence of any such Agreement, the basic hourly rates plus ffi-9 Addendum No.2 23. 23.1 23.2 23.3 23.4 23.4.1 23.4.2 23.4.3 the monetary equivalent for the fringe benefit payments indicated, less any legal deductions, shall be paid directly to the employees. The wage rate determination of the US Department of Labor incorporated on the following pages does not include rates or the requested classification listed below. The BIDDER is responsible for ascertaining the rates payable for such classification and whether area practice requires their use in accomplishing the work. No inference concerning area practice is to be drawn from their omissions. Further, the omission will not, per se, establish any liability for increased labor costs resulting from the use of such classification. FUNDING AGENCY REQUIREMENTS BIDDERS are advised that the Work under this Contract will be financed in part by a grant of the Federal Government under the Department of Transportation, Federal Aviation Administration, Airport and Airway Safety and Capacity Expansion Act of 1987. To receive funds under the applicable Federal Programs, the OWNER must comply with the requirements ofthe administering agencies which are imposed as conditions under which the grants of funds are made. It is a condition of the grant of Federal funds that certain provisions be included and be made a part of the Contract Documents for the Work in which these funds are to be used. These provisions are as provided in the Supplementary Conditions. The CONTRACTOR is notified hereby that he must meet all of the terms and conditions related to this Project imposed by the administrating agencies named herein, including, but not limited, to the following: WAGES AND SALARIES: Attention of BIDDER is called to the requirements concerning the payment of not less than the prevailing wage and salary rates determined by Secretary of Labor specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. The rates of pay set forth under GENERAL PROVISIONS are the minimums to be paid during the life of the Contract. It is therefore the responsibility of BIDDERS to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. EMPLOYMENT PRACTICES: (1) Contractor shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which ill-I 0 Addendum No.2 I I I I I I, I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I I I 23.4.4 23.4.5 23.4.6 23.4.7 23.4.8 will provide new job opportunities for the unemployed and underemployed, and (2) insert or cause to be inserted the same provision in each construction subcontract. AFFIRMATNE ACTION REQUIREMENTS: The BIDDER's attention is called to the Notice of Requirement for Affirmative Action to Insure Equal Employment Opportunity. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions. BIDDERS must comply with the requirement that siltation and erosion are to be held to the absolute minimum during construction. Equal Employment Opportunity Requirements: a BIDDERS must comply with the President's Executive Order No. 11246 which prohibits discrimination in employment regarding race, creed, color, sex or national origin. b Each BIDDER shall complete, sign and include in his bid proposal the Equal Opportunity Report Statement. When a determination has been made to. award a contract to a specific Contractor, such Contractor shall, prior to award, after award or both, furnish such other pertinent information regarding his own employment policies and practices as well as those of his proposed subcontractors as the OWNER, or the Secretary of Labor may require. All such information required of a subcontractor shall be furnished by the Contractor. c Notice of Affirmative Action: Specific goals for minority and female participation expressed in percentage terms are specified in the General Provisions. d Disadvantaged Business Enterprise Program: The OWNER has established goals for DBE participation on this Project. The BIDDER's attention is directed to the Notice to Bidders, Supplementary Conditions and Bid Forms for the specific goals. BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (IAN 1991) a The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the IB-l1 Addendum No.2 United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1 Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent ofthe cost of all its components and 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 ofthis 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. 23.4.9 PRECONSTRUCTION CONFERENCE: Attention of BIDDERS is called to the fact that a preconstruction conference will be held with the successful BIDDER and all known subcontractors, prior to the issuance of a NOTICE TO PROCEED. This conference will be held to acquaint the Successful BIDDER with the contract provisions concerning the Labor Standards, Equal Employment Opportunity obligations, and other items related to the contract. Payroll Form WH-347, or an equivalent form, is required to be used on this project. END OF INSTRUCTIONS TO BIDDERS ffi-12 Addendum No.2 I I I I I I I I I I I I I I I I I I I I- I" I I I I I I I I I I I I I I I I I BID FORM (Failure to furnish all requested data will be cause for considering BIDDER nonresponsive and may render this BID invaFd on that basis.) BID FOR: PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.I.P. PROJECT No. 3-13-0011-25 & 26 SUBMITTED TO: Augusta Aviation Commission C/O Augusta-Richmond County Purchasing Department Municipal Building, Room 605 530 Green Street Augusta, Georgia 30911 SUBMITTED BY: 5mi f-n TrVJllstri 1"8 dba Smi th Fence C'otllpany BIDDER's Name 4699 110 Ave North Address Clearwater, Fl. 33762 City, State and Zip Code 1. The undersigned, hereinafter called BIDDER, in compliance with the "Notice to Bidders," accepting all of the terms and conditions of the "Instructions to Bidders," including without limitation those dealing with the disposition of Bid Security; proposes and agrees, if a warded the Contract, to enter into an Agreement with the OWNER in the fonh of Agreement included in the Contract Documents, to furnish all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the work to be performed under this Contract within the Contract Time indicated in this BID, in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents, to the full and entire satisfaction of the OWNER, for the amounts contained in the Bid Schedules. 2. This BID will remain open for ~ days after the day of BID opening. If awarded a contract, BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 15 days after the date indicated in OWNER's Notice of Award. 3. In submitting this BID, BIDDER represents that: B-1 of28 Addendum No. 2 (a) (b) BIDDER has become thoroughly familiar with the terms and conditions of the proposed Contract Documents accepting the same as sufficient to indicate and convey understanding:~f all the conditions and requirements under the Contract which will be executed for the Work. BIDDER has Lamined the site and locality where the Work is to be performed, the legal requiren1bnts (federal, state and local laws, ordinances, rules and regulations) II and the conditions affecting cost, progress or performance ofthe Work and has made II such independent investigations as BIDDER deems necessary. This BID is gtUine and not made in the interest of or on behalf of any undisclosed person, fIrm o~ corporation and is not submitted in conformity with any agreement or rules of any ~bup, association, organization or corporation; BIDDER has not directly or indirectly iAduced or solicited any other BIDDER to submit a false or sham BID; BIDDER has ~ot solicited or induced any person, fIrm or corporation to refrain from II bidding; and BIDDER has not sought by collusion to obtain for himself any advantage II over any other BIDDER or over OWNER. That no memlr of the Augusta-Richmond City/County government or other officers or employees:6f said OWNER is interested directly or indirectly in the Bid or in any portion of thd Bid nor in the Contract or any part of the Contract which may be awarded the Jndersigned on the basis of such BID. This BID is J1ased upon prevailing wages in Richmond County, Georgia and in no case are wag~s less than those determined by the Secretary of Labor, a schedule of which is cont~ined in the General Provisions, GP-I00. lt is a conditil oftrus BID and any subsequent contract entered into pursuant to this BiD, and it s~kll be made a condition of each subcontract entered into pursuant to the prime contrad~ that the Contractor and any Subcontractor shall not require any laborer or mechanic ~mployed in performance of the contract to work in surroundings or under workul~ conditions which are unsatisfactory, hazardous, or dangerous to his health or safety, as determined under Construction Safety and Health Standards, Title 29, CFR, pJt 1518 36FR7340, promulgated by the U.S. Secretary of Labor, in accordance Jith Section 107 of the Contract Work Hours and Safety Standards Act, , II 82, Statt. 961; that it is a further condition of this BID that he shall be solely responsible f6r the enforcement of such Construction and Health Standards, and that he defInitely ~nderstands that the OWNER and his authorized representatives will not assume any li'hbility resulting from his failure to police and enforce all such standards. The descriPt~n onder each bid item, being briefly stated, implies, althnugh it does not mention, all incidentals and that prices stated are intended to cover all such work, II materials and incidentals as constitute BIDDER's obligations as described in the Specificatiori~, and any details not specifically mentioned, but evidently included in the II Contract shall be compensated for in the item which most logically includes it. (c) (d) (e) (f) (g) B-2 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (h) The Prices Bid includes all sales taxes and other applicable taxes and fees. 4. Contract Time: BIDDER agrees that: (a) The work will be completed within lti!a:~ consecutive calendar days from date of Notice-to-Proceed and within the stipulated phasing times as prescribed in Section 01010 "Scope of Work" of the Project Manual. (b) In the event that the construction contract time period occurs between the dates April!, 2004 through April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no additional expense to the Owner. (c) He/She will commence work with an adequate force and equipment at the time stated in the Notice to Proceed, and complete all work in the number of days stipulated from the date stated in said notice including working overtime and on Saturdays, Sundays, and legal holidays as necessary in order to complete the project on time. 5. Bid Schedule: See attached pages B-4a through B-4d 6. Execution of Contract: BIDDER agrees that: (a) In case of failure on his part to execute the said Contract and Bonds within 15 days after the date indicated in the "Notice of Award", the check or bid bond accompanying this BID, and the money payable thereon, shall be paid to the OWNER as liquidated damages for such failure; otherwise the Bid Bond or check accompanying this BID shall be returned to the undersigned. 7. Bid Documentation: The following documents are attached to and made a part of this BID: (a) Required Bid Security in the form of a Bid Bond or certified check payable to the order of the Augusta Aviation Commission. (b) Non-collusion Affidavit (c) EEO Report Statement Cd) Bidder's Affidavit (e) DBE Statement (f) Buy American Certificate (g) Certification of Non-Segregated Facilities B-30f28 Addendum No.2 (h) 8. SUbcontractot List Bidder's Qultionnaire Regarding Subcontractors II . , (k) Bidder's Qualification Questionnaire Name and business Jdress (mailing and street) of BIDDER to which all formal Notices shall be sent: (i) Q) Smith Fence CO. II 4699 110 Ave North II Clearwater, FI ~33762 II 9. The terms used in this BID which are defmed in the General Provisions of the Construction Contract included as1la part of the Contract Documents have the meanings assigned to them in the General Provisidns. II 10. BIDDER hereby acknowledges receipt of the following addenda: Addldum No. Dated II ~ 2/26/04 ~. 4/15/04 ~ 4/19/04 1 6/24/04 6/24/04 2 B-4 of 28 Addendum No. 2 I I I I I I I I I I I I I I I I I I I I nID SCHEDULE PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA AlP 3-13-0011-25 & 26 I I Spec, No. Item No. Item Description I (Write Unit Price in Words) I 00800 Supplementary Insurance Provision Twenty one thousand sixty-seven Estimated Quantity Unit Unit Price I No f()l]r 111lnrlr~rl Dollars Cents 2 0 I 000 Mobilization Twenty four thousand sixty-six Sixty-six six hlmnn:'rl Dollars Cents I I 3 S-140A Remove Existing Six-Strand Barbed Wire and Anus Pricp inclllnpn in Tr~m #4 I I 4 S-140B Remove Existing Chain Link Fence (5'-6') One Sixty I 5 S-140C Remove Existing Single Leaf Manual Swing Gate (3'-14') I I Fifty-three Tni rt-y frl1lr 6 S-140D Remove Existing Dual Leaf Manual Swing Gale (12'-24') One hundred six Sixty-seven I 7 S-140E Remove Existing Electric Gate (12'-24') I On/=> nllrlr""0 <:>jyty No 8 S-140F Remove Existing Wooden Fence (5'-6') Six I Sixty-seven I C) S-140G Remove Existing Concettina Wire I Six Sixty S€l1T..m I I Do II ilrs Cents Dollars Cents Do liars Cents Dolbrs Cents Dollars Cents Dollars Cents Dollars Cents Total Extended L.S. s 21467.00 s 21467 00 L.S. S 2 4 6 6 6 . 6 6 s 2 4 6 6 6 . 6 h 17,816 U. S re f # 4 17,874 L.F. S 1. 60 14 EACH $ 5 3 . 3 4 7 EACH S 1 06 . 67 s ref#4 528598.40 $ 746.76 s 746.69 5 EACH 5 1 60 . 0 0 s 8 0 0 . 0 0 16 6.67 LF $ 16 6.67 LF $ BIODFR'SOR<JANllAlI0NSmith Industries dba Sm; th F""ncf'. Co s 106.72 s 106.72 PJgc 13.4a BID SCHEDULE PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA AIP 3-13-0011-25 & 26 Item Spec. No. No. Item Description I (Write Unit Price in Words) 10 f-162A 7' Chain Link Fence 11 f-162B 12 F-162C 13 F-162D 14 F-162E 15 F-162P 16 F-162G 17 F-162H 18 P-162J Rlp'l.Tl"'n II Bi lJnry-n; DE' II Mow StriplInlrusion Barrier' A' pJl New Fence . II Eight II Fi fty II Mow StriplIntrusion Barrier 'B' pll Existing Fence II ~t1~~ :: 24' Dual Leaf Manual Swing Gate!! ' Onp- tholl!'>t=lnn !';;xty !';;x __ ___ __M__ Seventy II 20' 0.." L<,,,,,,,,lSwm, G"~ ' One thousand thirty-four No II 16' Dual Leaf Manual Swing GJI II Onp- tnoll!'>t=lnc'l thirty fOllr No . II 14' Dual Leaf Manual Swing Gal~ II One thousand thirty-four No II 12' Single Leaf Manual Swing alL ~ Eight hundred sixty-seven No II 4' Pedestrian Gale II Onp- tholl;st=lnn thrpp- nllnnrpc'\ thirty foulr No 11 s ?fiR098 _ 5Q I I I I I I I I I I I I 31,541 2,314 Dollars Cents Dollars Cents L.P. S 8 _ S 0 L.F. $ 8. 5 0 3 EACH $ 1 0 6 6 . 70s Estimated Quantity ,Unit Unit Price Total Extended Hf:b,6S31~1 L.F. $ 1 1 . 89 s 4 0 0 1 3 4 . 1 7 Dollars Cents Dollars Cents Dollars Cents Dollars Cents Dollars Cents Dollars Cents Dollars Cents 5 EACH $ 1 0 3 4 . 0 0 S s 19669.00 3200.10 5170.00 10 EACH $ 1 0 3 4 . 0 0 s 1 0 3 4 0 . 0 0 EACH S 1 0 3 4 . 0 0 s 1 0 3 4 . 0 0 Page 4-b Addendum No 3 I I I I I I I 3 EACHS 867.00 s 2601.00 8 EACHS 1334.00s10672.00 BIDDER'SORGANIZATIONSmith Industries dba Smith Frnce Co. I I BID SCHEDULE PE~TERFENCINGIMPROVEMENTSPROJECT AUGUSTA REGIONAL AIRPORT FAA AIP 3-13-0011-25 & 26 I Item Spec. No. No. Item Description I (Write Unit Price in Words) I 19 P.162K' 24' Dual Leaf Electric Swing Gate Twenty five thousand three hllnnrpn thirty four I No 20 F-162L 20' Dual Leaf Electric Swing Gate TWeT'lty-fj vI? thnllc::;:tnn thrpp hllndred trd rty fonr I No Dollars Cents Dollars Cents I 21 F-162M 12' Single Leaf Electric Swing Gate Fifteen thousand three hundred th i rty fonr Dollars N () Cents I I 22 F-162N 24' Single Leaf Cantilevered Slide Gate Five thousand sixty-seven No Dollars Cents Estimated Quantity Unit Unit Price Total Extended EACH S 25334 . 0 Os 25334 . 00 EACH S 2 533 4 . 00 s 2 5 3 3 4 . 00 EACH S 1 5334 . 00$ 1 5334 . 00 2 EACHS 5067.00$10134.00 I 23 P-162P Six-Strand Barbed Wire 33,653 L P. sin c 1 Prir.p inr.l11npn in h;:H::P prir.p s inel I 24 P-162Q Wildlife Ditch Treatment I Two thousand No 25 Plans Pedestrian Gate Sign I Thirty-six No I 26 Plans Electric Gate Sign Thirty-six No I 27 Plans Padlock Gate Sign I Thirty-six No I Dollars Cents Dollars Cents Dollars Cents Dollars Cents Dollars Cents L S. s 20 0 0 . 0 0 s 20 00 . 0 0 20 EACH $ 3 6 . DOs 720.00 5 EACH S 36.00 $ 180.00 10 EACH $ 36.00 s 360.00 BlDDER'SORGANlZATION Smith Tnnm::t-ri PC:: n'ba ~Trd th Fence Co Page 4-c Addendum No 3 I I I Bl'D:8tHEDULE I l?ERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA AlP 3-13.0011-25 & 26 I Item Spec. Estimated No. No. Item Description I (Write Unit Price in Words) Quantity Unit Unit Price Total Extended 28 Plans Door Sign 20 EACH S 36.00 $ 720.00 I Thirty-six II Dollars Nn II Cents I 29 Plans Restricted Area Sign 190 EACH $ 36.00 $ 6840.00 'T'hirty c;:i"}{ II Dollars I No II Cents , Total Bid Amount: $ 885,113.72 I . I . \ I I ~ I I I I I I I Page 4.d BIDDER'S ORGANIZATION Smith Indus b7'ies dba Smith Fence Co Addendum No. J I I I I I I I I I I I I I I I I I I I I I I 11. The BIDDER shall state on the line below, if a corporation, the name of state in which incorporated and the date of said corporation. Smith Industries dba Smith Fence Co 6/13/1977 Florida Signed this 7 day of July ,20~ By: i:~7~ ...... (Signature of individual, partner or officer signing the Bid) CBC 1250975 License Number ATTEST: ~~ 6.~~ tla4:r. ~c.... (Seal) (Seal required if BIDDER is a corporation.) NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal is required if BIDDER is a Corporation. If Contractor is a partnership, all partners shall execute the BID (add spaces as required). B-5 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BID BOND KNOW ALL MEN BY TH'SSE PRESENTS. that 'lie, the undcuigned Swi-th Tnrlllc:;tdp..c:', Tnc. d/b/a/ Smith Fence Company asPrmclpal,ant1 1Je-~t(;\~V Sll~ty Ccmpany___ as$utety. archeleby beld and firmly bound UDlo AunRa A vlailan Commlssfoa in me pcIIIJ aum of T E'n... P~Y'~pnt (1 O~) of Amount Bid for Th.e paymtJIt of, which, wen ~ ltUly to be made, w. h=reby jolDt1y aDd scvmlly bind ourselves, our heirs. exe:cutors. admiDiattators, lUCCesaors. and &Ssips. Sipd. this.l!b.. day of Ju 1 X . 26)J... The condirinnt of the above obUgadon is suc:h ~.t whereas the Principal b.Q submitted to the AuSUsta A"ri.tiou Commission urtaiuBID.lttached hereto and Iw1=bymadcs a part hereof to enter into a Comract in writb1g for Ihe ConstrV-ctioll or. Perimeter ~eDcine bnDronlDebts Proieet at th. Auma Rttional Alrvo[l NOW THEREfORE. (a) If Pid BID lhall be rejected. or in ~ Iltcrnatc, (b) If said BID &baJ1 be accepted and the PriIlcJpal shaD execute and ddiver a Comract m tJlc Form of Apemcm attac:hedhercto (propetly compl=cd in I~rdam:e wich sai4 BID) aDd for the paymenl of all per5Ol1S pezfo11Dislg labor or fumisbiDg materials Is1 ~o~On therewith, and shaIl ill aD ocher re.speeu perform the agreement created by tho ~tanco of said Bm, thc:n tbb obliptioJl shaD. he void, otherwise the same 8haJ1 . r=aiD irl force and dfect: it. beiDa' ~&1y understood IDd qrecd that the Jiabi]iry of the Surety for uy and an claims ~ SbAI1, in DO ewnt. axed cba pccal amcUDt of this Qb!ig.tion as ~iD.1tIItcd. The Surety, for value rec~ hereby atipu1a.tca ~ &8X=I tlWobli.~ ofsald Smeq arxI iu 13ol3d.s shall be.io no way impaired or afReted by IUY exta2Sioll oftbc tia withio wbI:h Ihe Owuer may accept 5uc;h BID: IIJd said Surety does h=by waive llOtIce of any m:h mwiou. B-6 of28 Addendum No.2 \'- I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF. the PriDclpIlIlld the Suretybave hcicw1to let theJr handa IDCl seals, and .neh oftbem IS are ~atioDs ha~ ~ their c:ocporatc ICI1I to be bere~ed and these pracl1u to be,~ by their proper officers. the day ~d~, act forth lbo Smith Industries, Inc. ~ ' d/Q/~ smi th Fence. Comoa V (L.S.) Principat (SEAL) ~~'tqrn Surety rnmD~ny Surety B~WA.(1~~ Bruce A. Bozelka Attorney-in-Fact (1) (2), Date of Bond mast be ~ date as BID. Bond must be ~ or co11DltniJllcd by Surety) ptoper OcorJit Resident A8~t. Datc' Ofjrwer.Of..AlIOmcy s&.U be SaIXIC date as dale of Bond. If I Pa.rt%1CfS.hip, au partners ehaD exec;utc BODd. (3) B-7of28 Ad~-cJwn No_ :2 I Western ~urety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT I Kaow All Mell By These l'reltllll. That WESTERN SURETY COMPANY.:1 South D3kola corporation. Is a dl/ly orB:Y1iz~d 11111 exi,tinS corporatilln having lis principal office in Ille City of Sioux Falls, and SlJIte of South O:1ko13, and ~I it does by vinlle of the signature and seal herein Affixed heTeby I11llkc. ConsritulC and '))poin\ I I Matthew E. Currao, Judy A. Zellers, Lori McClain, Bruce A. Bozelka, Monte R. RanD, Mark A. Coolbaugb, Joyce D. <:>rndorff, Paul Davis, Individually I ofM3irhlnd, Fl.. Its true ;lnd lawful ^notne)'(s}-in-FacI with full power and authority herebHonrem:d,CO sien. sC:lllII1d execute for and on its behslfbonds, underukings and otber obligll\(1)l Instruments of simil:lt natu~ I -In Unlimited Amobots - I and \0 bind it thereby &$ fully and to the same !:ll\ent:lS irsuch InSll'\lmen15 were si~cd by a duly authori1.cd offic~ oflhe corporalion and all the aets OfS1lid Atlomey, pursuant 10 the authority hc:rcby given. are h~by r:llified and confirmed I This Pllwcr of AlIomcy is ItI3de and e:xccultd pU11UlIIlt 10 and by authority oi Ihc Ily-Law printed on the rever,;e hcreof, duly adoplcd..:Is indicated, by \he shareholdc~ ofthe corporation In WilReu Wh.reof, WESTERN SURETY COMJ>ANY Iw caused tltm presents 10 be signed by ir, Senior Vice President and Iu corpor:lte sullO be herelo affixed On this 25th day of MlU'Ch, 2003. I I WESTERN SURETY COMPANY 4r ~e,~;~v..,"~ I State of SQuth Dukola County of MInnehaha } 5s I On 'llis 2Stlt day of M~rcll, 2003. before me perconatly came: Paull. BruOal, to me known, who, being by me dilly lwom. did depose and say! thaI hc resid~ in the City of Sioux Falls. SI3a: of Soulll DalcoLrt; lhal he is the Senior Vice !'residenl of WESTE R N SURETy COMPANY described in and which exeellltd the above instrullYnt; Ihol he knows Ihc seal of s.id corpor.don; Il1al thc se.l affixed 10 Ihe ~B;d inslNment is ~uch corpOrale seal; Ihat it was 50 affixed pursuant to 3ulhori\)' gillen by the Board of DircClDrS or 5:1id corporation and th.1 he si/llled his name \herelO p\ll'SU3nl 10 like authority. and acknowted2t5 same 10 be lhe act and deed of said corporation, I My comnlission clI;Jlires November 30. 2006 .-~~~~~~~~~~~-~~~~,~~~~. f O. KRELL J ~ ~ S~NorAflY pU8uc~1 :~SDUTH DAKorA\G;V~ ._-~~~~--,-~~~~-~--~~~~~. '~ d~, -- A-U.P D. Krell, NOlary Publie I CERTIFICATE I I, L Nelson. Assistant SccrCI~ry of WESTERN SURETY COMPANY do hllTeby certify m~llht Po....er of Atlame)' hercinabove aCl fOrnl is stilt in fortt. and funher certifY that tlJc By-LAw of the corpOl"lIlion printed On the revme her~llf is SllIIln foree In lcstimllny whereof I h~ve hereunto subscribed my n.me and lIffixed the s~al of th~ said co~raliO\lll\is __ 7t h_ day of J u 1 V . 2004 I WESTERN SURETY COMPANY I g '!Z4:1.A1~ L. Nelson. Msislllll\ Sct~tlry Form F.~.O.I.2002 I I / I I I I I I \1 I I I I I I I I I I TOTAL P.04 I I N01'IC~ . ~ In accorclance with the '18rrorism Risk IxiSuranc:e Act of 2002, we 81'1 providing this c.tisc:losure notice for bonds and cartain ~urancI policies on which one or more of the Writin, Companiee identi5ed below is ~ sUlety or in8ure~ To ~a1I on bonds a>>,d in~U1'eds 011 c]~ inaurance polici~ written by anyone . ' . or mort of the following companies (cone4~vely the "Writing Companies"). a8 surety or insurer. Western Surety Company, U~;vera&l Surety of America. Surety Bonding Company or Ameri~~ Continental CuuaIty <;:Ompahy. National Fire Iftsurance Compmy of Hartford, American Casualtl Company of ReacUng. PAr The Firemen's ~ - Insurance Company o!Newark., NJ, and The Continental wurance Company. DISOLOSURE O~ PRI:MTtJM The preroium attributabl'l to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). II \ DISCLOSURE OF FEIlERAL PARTICIPATION IN PAYMENT OF TERR.ORISM LOSSE~' II . . rhe United States will pay ninety p~eeDt (90%) of covered terrorism losses e:lceeding :he applieable auretylin8urer deductible. "'"" 1'7110 ~ I I I I I I I I I I I I I I I I I I I FORM OF NONCOLLUSION AFFIDAVIT (This Affidavit is Part of BID) STATE OF Florida ) ) SS. ) COUNTY OF Pinellas Raymond Smith being fIrst duly sworn, deposes and says that he is President (Sole owner, a partner, president, secretary, etc.) of Smith Industries dba Smith Fence Co the party making the foregoing Proposal or BID that such BID is genuine and not collusive or sham; that said BIDDER has not colluded, conspired, connived, or agreed, directly or indirectly, with any BIDDER or person, to put in a sham BID, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fIx the Bid Price of affiant or any other BIDDER, or to fIx any overhead, profit or cost element of said Bid Price, or of that of any other BIDDER, or to secure any advantage against OWNER any person interested in the proposed Contract; and that all statements in said Proposal or BID ar~ true; and further, that such BIDDER has not, directly or indirectly submitted this BID, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent there'lk::f ~ 1i.K!~ ~~~ Smi th Fence Co. (BIDDER) Sworn to and subscribed before me this 7th day of July , 20~~ afL'~:1!t,~.:~ Pinellas County My Commission expires ~/13 ,20Q} (SEAL) ""~-:;'\fif.:;;: Phyllis B. Gonzalez ~:rt!J;..,:~ MY COMMISSIO~' 00202280 EXPIRES ~"~'''''' Aprr113, 2007 -'1,;r <;; .;,:~<-" &eNDED THRU TROY FAIN INSURANCE INe "lftl,I' B-8 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I (THIS REPORT IS PART OF THE BID) EQUAL OPPORTUNITY REPORT STATE:MENT AS REQUIRED BY 41 C~R 60-1.7(b) The BIDDER (proposer) shall complete the following statement by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of bid: 1. The BIDDER (Proposer) has ~ has not _ developed and has ~ does not have _ on flle at each establishment affirmative action programs pursuant to 41 CPR 60-1.40 and 41 CPR 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 -2L- has not _ fued 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. BY: TITLE: President DATE: 7/7/04 B-9 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BIDDER'S AFFIDAVIT (This Affidavit is part of the BID) STATE OF Florida ) COUNTY OF Pinellas ) Raymond Smith / Smith Fence Co. being duly sworn, deposes and says that he resides at 4699 110 Ave North Clearwater, Fl 33762 that he is the President (Give Title) who signed the abode Proposal or BID, That he was duly authorized to si and that the BID is the true offer of the BIDDER, that the seal attached is that seal of the IDDER and that all the declarations and statements contained in the BID true to the bes his knowledge and belief. ~/( (Affiant) Subscribed and Sworn to before me this 7 day of July , 20~~ i!lc,I.tu ;5 4m.6 ~ Cij'otary Public) {/ My Conunission expires 7'/13 ,20tO (SEAL) ""HII',,, ~1!'."'f/'~ Phyllis B. Gonzalez t(Ji.". i3 MY COMMISSIO~ # 00202280 EXPIRES ~..;'~'S~ Apnl 13, 2007 "'f.;ir;,~'t-" SONDED THRUTl10YFAlN INSURANC~ INC. B-lO of28 Addendum No.2 I I I I I I I I I I I I I I I I I I I DffiADVANTAGEDBUS~SENTERPRlSEPROGRAM The following bid conditions apply to this Department of Transportation (DOT) assisted contract. Submission of a BID/proposal by a prospective Contractor shall constitute full acceptance of these bid conditions. (1) DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defmed in Subpart D to 49 CFR Part 26. (2) POLICY - It is the policy of DOT that nBEs as defmed in 49 CPR Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 CPR Part 26 apply to this contract. (3) DBE OBLIGATION - The Contractor agrees to ensure that disadvantaged business enterprises as defmed in 49 CPR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts fmanced in whole or in part with federal funds. In this regard all Contractors shall make good faith efforts, as defmed in Appendix A, 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. (4) COMPLIANCE/CONTRACT ASSURANCE - The CONTRACTOR or his/her subcontractor(s) shall not discriminate on the basisofrace, color, national origin, or sex in performance of this Contract. The Contractor shall carry out applicable requirements of 49 CPR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the OWNER deems appropriate. (5) SUBCONTRACT CLAUSE - All BIDDERS and potential Contractors hereby assure that they will include the above compliance clause in all subcontracts which offer further subcontracting opportunities. (6) CONTRACT AWARD - BIDDERS are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted contract. (7) DBE P ARTICIP A TION GOAL. The requirements of 49 CPR Part 26, Regulations of the U.S. Department of Transportation (DOT), apply to this contract. It is the policy of the OWNER to practice non-discrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the reqtlirements of this bid specification. These requirements apply to all BIDDERS, including those who qualify as a DBE. B-l1 of28 Addendum No.2 The attainment of goals established for this contract is to be measured as a percentage of the total dollar value of the c~ntract. The goal the Owner has established for this contract is as follows: . 28~5 % of the CO.Dtract (in any award scenario) to be performed by nBE firms (based on historical availMbility of references and the Engineer's determination that the above prescribed perceri~ages of the total project work is available to be performed by disadvantaged bu~iness enterprise (DBE) firms within the project area). - II ' (9) CONTRACTOR'S REQUIRED SUBMISSION - The OWNER requires the submission of the following informatioJ with the Bid. Certain other DBE information may also be required. B-12of28 Addendum No. 2 I I I I I I I I I I I I I I I I I I I I' I I I I I I 'I, I I, I I I, I I I I I I DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACTORS " Classification. . DBE Firm Name Prime, Sub.', Address Joint, Mfr., or Description of Dollar Value of Telephone Supplier Work Work 1. J Harris Construction sub-contr. concrete PO Box 14311 $2 8 7 , 7 6 7 . 5 0 Augusta, Ga. 30919 706-667-9903 2. Tools EnqJ..neers Inc. sub-contr. survevor 349 Greene street $ 6,534.00 AUGusta. Ga 30911 706-722-4114 3. $ 4. I $ 5. $ Affirmation: "'" (Signature) (Title) B-13 of28 Addendum No.2 (Title) I' I ?I I I I I ,I I I I I ,I I I I I I I Classification DBE Firm Name Prime, Sub., Address Joint, Mfr., or Description of Dollar Value of Telephone Supplier Work Work 6. II II $ II I 7. $ 8. $ 9. II $ II II 10. II ~I $ II II , II DISADVANTAGED BUSINESS ENTERPRISE (DBE) II CONTRA'CTORS II Affirmation: II s) has (have) affIrmed that it will perform the portion of the Contract II r v as stated above, ,I .' B: "'- B-140f28 Addendum No.2 I I I Ii I I I 'I I I, I I I DISADV ANT AGED BUSINESS ENTERPRISE (DBE) TOTALS SUMMARY Total DBE value $885,113.72 $ 294,301 .50 Total Price Bid Total DBE percent 33.25 % The OWNER proposes to award the contract to the lowest responsive and responsible BIDDER submitting a reasonable bid provided he has met the goals for DBE participation or, iffailing to meet the goals, he has made an acceptable good faith effort to meet the established goals for the DBE participation. BIDDER is advised that the OWNER reserves the right to reject any or all bids submitted. (10) GOOD FAITH EFFORTS - If the BIDDER fails to meet the DBE subcontract goals established in Paragraph 7 above, the following information must be submitted prior to contract award to assist the OWNER in determining whether or not the BIDDER made acceptable good faith efforts to meet the contract goal. This information (when applicable), as well as the DBE information, should be submitted as specified in Paragraph 9 above. Suggested guidance for use in determining if good faith efforts were made by a BIDDER is included in Appendix A of 49 CFR Part 26. The evidence of good faith efforts must be submitted by any BIDDER who wishes to be considered, within 48 hours after the BIDs are opened. The burden of submitting this evidence rests solely with the BIDDER and not upon the OWNER A list of the efforts that a BIDDER' may make and the OWNER may use in making a determination as to the acceptability of a BIDDER's efforts to meet the goal as included in Appendix A are as follows: a. Whether the BIDDER attended any pre-solicitation or pre-bid meetings that were scheduled by the recipient to inform DBEs of contracting and subcontracting opportunities. The BIDDER must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The BIDDER must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations; I I I I I I b. Whether the BIDDER advertised in general circulation, trade association, and minority-focus media concerning the subcontracting opportunities; c. Whether the BIDDER provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited in sufficient time to allow the DBEs to participate effectively; B-150f28 Addendum No.2 d, Whether the BIpDER followed up initial solicit~tions of interest by contacting DBEs to determine ~ith certainty whether the DBEs were interested; II Whether the BIDDER selected portions of work to be performed by DBEs in order to ~ . increase the likelihood that the DBE goal would be achieved (including, where : appropriate, b~eaking out contract work items into economically feasible units to facilitate DEBI participation, even when the BIDDER might otherwise prefer to perform these I~ork items with its own forces); I . Whether the BIDDER provided interested DBEs with adequate information about the plans, specific~tions, and requirements of the contract in a timely manner to assist them in respo~ding to a solicitation; (1) WhetJL the BIDDER negotiated in good faith with interested DBEs, not rejectiAg DBEs as unqualified without sound reasons based on a thorough invesdkation of their capabilities. It is the BIDDER's responsibility to make a portioh of the work available to DBE subcontractors and suppliers and to select I,those portions of the work or material needs consistent with the availaOle DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the infonJation provided regarding the plans and specifications for the work select~d for subcontracting; and evidence as to why additional agreements II could not be reached for DBEs to perform the work. A BJ~DER using good business judgment would consider a number of factors in neg'otiating with subcontractors, including DBE subcontractors, and would take ~~f1rm's price and capabilities as well as contract goals into consideration. HowAer, the fact that there may be some additional costs involved in fmding and u~ing DBEs is not in itself sufficient reason for a BIDDER's failure to II meet the contract DBE goal, as long as such costs are reasonable. Also, the abilitylor desire of a prime contractor to perform the work of a contract with its oJln organization does not relieve the BIDDER of the responsibility to makellgoOd faith efforts. Prime contractors are not, however, required to accep.t higher quotes from DBEs if the price difference is excessive or II unreasonable, Whether the IkIDDER made efforts to assist interested DBEs in obtaining bonding, lines of cred1t or insurance required by the OWNER or Contractor; and Whether the! BIDDER efrectively used the se;"ices of availahle minority/women community brganizations; minority/women Contractors' groups; local and state Federal Min~rity /Women Business Assistance Offices; and other organizations as allowed on a1base by case basis to provide assistance in the recruitment and placement of DBEs. I I I ,I I I I I I !I I I' I e. f. g. (2) h. I i I I I I 1. B-160f28 Addendum No.2 I I I I I I I I I I ,I I I I I I I I I NOTE: The nine items set forth above are merely suggested criteria and the OWNER may specify that you submit information on certain other actions a BIDDER took to secure DBE participation in an effort to meet the goals. A BIDDER may also submit to the OWNER other information on efforts to meet the goals. (11) BIDDER ASSURANCE - The BIDDER hereby assures that he is committed to meet one of . , the following as appropriate: a. The DBE participation goal as established in Paragraph 7 above. b. The DBE participation percentage as shown in Paragraph 9 which was submitted as a condition of contract award.. c. The BIDDER (if unable to meet the DBE Goal of28.5 % the Contractor is committed to a minimum of N / A % DBE utilization on this Contract and submits acceptable full documentation demonstrating good faith efforts. Agreements between BIDDER/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other BIDDERS/proposers are prohibited. The BIDDER shall make a good faith effort to replace a PBE subcontractor that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the OWNER. The BIDDER shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. '. Name of BIDDER: Smith Ind. dba Smith Fence CO IRS N be. 59-1743'M :: ~J- President Title: . Date: 7/7 /04 NOTE: The penalty for making false statements in offers is prescribed in 8 use 1001. B-170f28 Addendum No.2 I I I I I I I I I I I , I I I I I I I BUY AMERICAN CERTIFICATE (.TAN 1991) By submitting a Brp/proposal under this solicitation, except for those items listed by the BIDDER below or on a separate and clearly identified attachment to this BID/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in Article 23 of Instruction to Bidders "Buy American - Steel and Manufactured Products For Construction Contracts") and that components of unknown origin are considered to have been produced or manufactured outside the United States. PRODUCT COUNTRY OF ORIGIN N/A =(J(k Signature of BIDDER 4) Title ~ B-180f28 Addendum No.2 I I I I I I I I I I I I f I I I I I I SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE Certification of Nonseereeated 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, tirneclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis or race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction Contractor agrees that (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 ~~tlY cla~e will retain such certifications in his files. ~'"( ~ President - Signature of BIDDER Title B-190f28 Addendum No.2 I I I I I, I I I I I I I' I I I I I I I BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, lNELIGillILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS PURPOSE: The OWNER has the responsibility to ensure that it does not enter into acontract for goods or services with any firm, person, etc. that has been debarred, suspended, deemed ineligible or has voluntarily excluded themselves from participation in federally funded programs. Note that the term ''prospective lower tier participant" has the same meaning as the term BIDDER. Completion ofthis Certification by the BIDDER is a condition of BIDDER's responsiveness to this BID. INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal the prospective lower tier participant (BIDDER) is providing the certification set out below. 2. The certification in this clause is a material representation offact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant (BIDDER) knowingly rendered an erroneous certification in addition to the remedies available to the Federal Government, the department or ~gency with which this transaction originated may pursue available remedies, including suspension andJor debarment. . 3. The prospective lower tier participant (BIDDER) shall provide immediate written notice to the OWNER if at any time the prospective lower tier participant (BIDDER) learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the DefInitions and Coverage sections of rules implementing Executive Oider 12549. 5, The prospective lower tier participant (BIDDER) agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any suocontract (any lower tier covered transaction) with a firm, or };lerson who is debarred, suspended, declared ineliglble, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant (BIDDER) further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all subcontracts (lower tier covered transactions) and in all solicitations for such subcontracts (lower tier covered transactions). B-20 of28 Addendum No. 2 7;. I I I I I, I I I I I I I I I I I I I I 8. A participant (BIDDER) in a covered transaction may rely upon a certification of a prospective participant in a lower tier I~overed transaction tbat it is not debarred, suspended, ineligible, or voluntarily excluded frorrll the covered transaction, unless it knows that the certification is erroneous. A participant I~ay decide the method and frequency by which it determines the eligibility of its principals. IfaCh participant may check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of II records in order to render in good faith the certification required by this clause. The knowledge and information of a pros~tive lower tier participant (BIDDER) is not required to exceed that which is normally possess&! by a prudent person in the ordinary course of business dealings. E fi . Ilth'd d. h5fh' . if .. . xcept or transactIOns a~1 onze un er paragrap 0 t ese mstructlOllS, a partICIpant ill a covered tr~action knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, inelibhle, or voluntarily excluded from participation in this transaction, in addition to other remedies':available to the Federal Government, the department or agency with which this transaction ori~ated may pursue available remedies, including suspension and/or debannent. 9. (THE REMAINDER OF TIllS PAGE IS INTENTIONALLY :BLAl\TK) B-2! of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I BIDDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 85, Section 85.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING THIS CERTIFICATION, READ INSTRUCTIONS) (1) The prospective lower tier participant (BIDDER) certifies, by submission of this proposal, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant (BIDDER) is unable to certify to any of the statements in this certification, such prospective participant (BIDDER) shall attach an explanation to this proposal. Name and Address of BIDDER's Organization: Srnjth Ind dba Smith Fence Co 4699 110 Ave North Clearwater, Fl 33762 Raymond Smith Name of BIDDER's Authorized Representative (Please Print or Type Name) <{~~ t:a- Signature of BIDDER's Authorized Representative President Title of BIDDER's Authorized Representative (Please Print or Type Title) 7/7/04 Date B-22of28 Addendum No. 2 I I I I I I I I I I I I I I I I I I I PERFORMANCE OF WORK BY SUBCONTRACTORS The BIDDER hereby states that he proposes, if awarded the Contract, to use the following subcontractors on this project: List below all proposed subcontractors and trade specialties. (List only one subcontractor for each item.) The BIDDER shall obtain prior written, permission of the OWNER should he choose to add or substitute other subcontractor(s) not shown herein. Item Name of Subcontractor Estimated Dollar Value concrete J Harris Construction $288,000.00 landscape Carte Landscape & Devlpmnt $13,400.00 land surveyor Tools Engineers Inc $6500.00 Estimated Total Cost of Items that BIDDER states will be performed by Subcontractors: ($ 307900.00 ) B-230f28 Addendum No.2 I I I I I I I I I I I Vj ~ o E-4 U en ~:E ~...... E-4 5 z<+=< o~ U g ~.b . ~ l:: ~ Vj 0 0 0)50 Z~.D )oooll::"d AO.B ~ bl)~ ~.S 4) 00ld ~::l .... ,..,.. 0'" u ~ I-<.~ ~ 0 0 ~bl)~ )oool .S "d ~"(4) Z:Qt) Z .D ';j) o en ~ )oool 8 I ~~E--< Vj_O ~-O 0-< o ~ ~ Q Q - ~ I I I I I I I I :::l 8 0 ?""( {,I.l- ^ .:::: :::l 8 r:Il 80 ~ tIl~ l:l< {,I.l- ffl- ..... G) , C) G) ~ r:Il f _ := .,...( r:Il 8 8 e ~ ~tJ) :><: :><: ffl-ffl- - c:Il := = = f < 0_ 0.- qE x o~ ~ffl- ffl- 0 <:> <:> 0 <:> tJ) ffl- V "tl fillZ G) !;:: .- !Xl I-< ~ QO /.; Z ~ :>-<< ~ ~ U '-' . . . ro ro ro t9 t9 t9 ... .. . ro ro ro +J +J +J tIl tIl tIl r:Il ::l &. g r:Il tJ'I G) /.; ::l ::l ::l "l:l ,q: ,q: ,q: "l:l < ..... Q) 8 Cl . /.; . H () ..... 0.. +J c:: ~ U tIl H ..... tIl c:: 0 ~ 'tl 0 g c:: u ~ H tIl ~ G) H 'M E Q) H rJl c:l +J H r--i Z H ro 0 E ro ::x:: 0 /.; U r:J 8 ~ N 00 0 0lZ t) 8 "<t ;:l 0l"d I l:: i:A~ "d -< I I I I I I I I I I I I I I I I I I I BIDDER QUALIFICATION QUESTIONNAIRE Submitted by Smi th Industries dba Smith Fence Co. Name of BIDDER General Contractor's License # CBC 1 25097 5 ( ) An Individual ( ) A Partnership ( :>9 A Corporation Federal Identification # 59 - 1 7431 61 Principal Office Address: 4699 110 Ave North Clearwater, Fl 33762 (1) How many years has your organization been in business as a contractor under your present name? 27 (2) How many years experience in construction work has your organization had as a general contractor? 27 As a Subcontractor? 27 (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary) Project Title Contract Amount Required Completion Date Actual Completion Date N amel Addressrr el of Owner pis sp.e attch'd. B-25 of 28 Addendum No.2 (4) (5) ~ ' Have you ever failed to complete any work awarded to you? If so, where and why? ~. . . I I I I I I I I I I I I I I I I no II (6) Has any officer or partner J your organization ever been an officer or partner of some other organization that failJli to complete a construction contract? If so, state name of individual, name of other ollganization, and reason therefore. ' . II . II II Has any officer or partner ]f your organization ever failed to complete a construction contract handled in his ow~ name? If so, state name of individual, name of owner and reason therefore. no II no (7) II II Give below any informatiJl which would indicate the size and capacity of your organization, including nulhber of employees, equipment owned by your organization, etc., which are available f& utilization on this Contract. II Smith Fence Co employs approximately 75 employees and owns II and/or operate9, all necessary equipment for fence construction.1I Geographic areMs of work: Allover the U.S and West Indies II B-26 of 28 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I (8) What is your bonding capacity? $15 mi llion (9) (10) (12) What amount of your bonding capacity has been used as of the date of this bid? $1.3 million How many applications for performance and payment bonds have you made in the last three (3) years? 1 3 (11) How many of these applications were not approved? none Have any claims been filed against a bond provided for you by your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) no B-2? of28 Addendum No.2 B-28 of 28 Addendum No. 2 I I I I I I I I I I I I I I I I I I I (13) Have your company been in 9,isputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and s~ate the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use I~dditional sheets if necessary.) no I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and tH~t those examining this document have my permission to contact any or all of those parties li~:ted in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. II ******r************************************************* II (SIGNATURE OF BIDDER) Smith Industries dba Smith Fence Co. (TYPE OR PRINT COMPANY NAME) 4699 110 Ave North ~Clearwater, Fl 33762 (TYPE OR PRINT ADDRESS) I /vv~. /"-/v"\/' " ,/' /~/~~ . :-:. .., , ,? f\lM),1 I X \feYn~e', /'( / .v~ ~.I " /"',\:/'\/'\/"/''y I . '\. /' //....., ,/', /'....... ./'\. /'\., /" ... '\... ,.. '\0... ,/ COMPLETED PROJECTS - 100% COMPLETE BY REQUIRED DATE I I I I, I I I I I I I I I I I I Toronto Blue Jay Spring Training Dunedin, FL Contractor - J.A. Jones Don Vinson - 8l3-886-8977 $276,000 - Complete 11/02 Q Northport High School Northport, FL W.G. Mills Frank Hunt - 941-758-6441 $209,99l - Complete 1/02 Bordelais Correctional St. Lucia, West Indies Contractor - NIPDEC Esther Farmer - 868-625-8749 $l,014,000 - Co~plete l2/02 . Suncoast Parkway Pasco/Hernando County D.A.B. Eric Sims - 352-447-5488 $870,6224 - Complete 3/02 , Homestead Air Force Base Homestead, FL 1. 1. Sosa Don Forino - 813-888-6525 $595,000 - Complete 6/04 - Hillsborough County Parks Hillsborough County Hillsborough County Kevin Hammond - 813-272-7021 $245,096 - Complete 6/01 Orlando Air Traffic Control Tower Orlando, FL Hensel- Phelps Scott Downing - 407 -812-1902 $18l ,000 - Complete 6/02 Bush Gardens Tampa, FL Bush Gardens Dennis Kegle - 813-998-5l30 $478,000 - Complete 8/00 Michigan Speedway Detroit, Michigan Michigan Speedway Stan Alexander - 386-681-4l39 $979,000 - Complete 9/00 US 92 Handrail Orange County The Haskell Company Allen Shaffer - 904-791-4500 $147,974 - Complete 2/02 Suncoast Parkway Pasco County Cone & Graham Bob Graham - 813-623-2856 $1,2l0,750 - Complete l2/00 Winchester Blvd. Sarasota County Frederick Derr Julie Bauer - 94l-355-8575 $242,968 - Complete 6/02 Lee Roy Selmon Expressway Tampa, FL V.R.S - 813-286-17ll $l93,000 - Complete 8/02 Sebastian Municipal Airport Sebastian, FL City of Sebastian - 772-388-8241 $476,400 - Complete 5/04 Smith Industries, Inc d/b/a! Smith Fence Company and Smith Fence, 4699 11 Oth Avenue No., Clearwater, FL 33762 Pinellas (727) 573.5440 Hillsborough (813) 223-9267 Fax 727) 573-2075 I I I I I I I I I I I ,I .1 I I I I I I CONTRACT FORM THIS AGREEMENT is dated as of the 1'2... day of UOlJ ~ in the year 2004 by and between the AUGUST A A VIA TI ON COMMISSION (hereinafter called OWNER) and SMITH INDUSTRIES DBA SMITH FENCE COMPANY (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. Removal and reinstallation of approximately 18,000 linear feet of existing six-strand barbed wire, removal of approximately 18,000 linear feet of existing 6'-high chain link fence and gates, installation ofapproximately.J3,700 linear feet of new 7'-high chain link fence, six-strand barbed wire, various sized gates, construction of a concrete mow strip and intrusion barrier for new and existing fencing, and installation of various types of perimeter signage. The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: PERIMETER FENCING IMPROVEMENTS PROJECT FAA A.lP. Project No. 3-13-0011-25 & 26 AUGUSTA REGIONAL AIRPORT AUGUSTA, GEORGIA Article 2. ENGINEER. The Project has been designed by THE LP A GROUP INC ORP ORA TED Post Office Box 5807 Columbia, South Carolina 29250 (803)254-2211 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be completed and ready for final payment in accordance with paragraph 50-15 of the General Provisions as follows: Completion of Project: The entire project shall be completed within liD consecutive calendar days from the date of Notice- To-Proceed and in accordance with the construction phasing prescribed in Section 01010 - "Scope of Work". C-1 Addendum No.2 In tbe event tbat tbe construction contract time period occurs between tbe dates April 1,2004 tbrough April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against tbe contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no additional expense to the Owner. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Paragraph 80-07 of the General Provisions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for . delay (but not as a penalty) CONTRACTOR shall pay OWNER the amount as stipulated in Supplementary Conditions SG-14 of Section 00800 for each calendar day that expires after the time specified in paragraph 3.1 for Completion and readiness for payment. 3.3 CONTRACTOR understands and hereby expressly agrees that in addition to liquidated damages specified in Article 3.2 above, to pay the OWNER the actual costs to OWNER for any inspector or inspectors necessarily employed by OWNER on the Work and the actual costs to OWNER for the ENGINEER's observation of construction and project representative services including all travel and subsistence expenses after the date specified for completion until the Work is completed and ready for final payment. Further, the CONTRACTOR agrees that the sums to be paid the OWNER may be deducted from the sum due the CONTRACTOR for work performed as provided in Section 90 of the General Provisions. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, and in accordance with the unit bid prices submitted for the bid on Julv 7,2004 and amended by Attachment A to this contract, with an initial contract amount of $885.102.12 to be paid based upon the actual quantities approved and accepted in accordance with the Contract Documents. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1 Progress Payments. OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 calendar days after receipt of an application for payment that has been reviewed and approved by the Engineer. The last Friday of every month that work is performed shall be the ending date for establishing the quantity of units completed for submission in the application for payment. C-2 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5.1.1. Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall detennine, or OWNER may withhold, in accordance with Section 90 ofthe General Provisions. 90% of Work completed as detennined by ENGINEER. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 90-07 of the General Provisions). 5.1.2 With each application for payment, the Contractor shall submit his DBE expenditures for the month as well as a total-to-date. The expenditure report shall include the name, date and amounts paid to each DBE subcontractor. 5.1.3 With each application for payment, the Contractor shall submit an updated CPM schedule delineating activities completed and those remain to be completed. Additionally, he needs to identifY any logic changes made since submission of his first (baseline) CPM schedule. Detailed Bar Chart, Network Diagram and Standard Report for all activities are required and shall be submitted on both hard (paper) copies as well as the electronic files on 3-1/2" diskette(s) or compact disc(s). 5.1.4 The Contractor is advised that the certified payroll for his organization as well as all of his subcontractors' must be current within 14 days of the requested Application for Payment. ' 5.1.5 The Contractor shall submit a manual set(s) for each item of equipment installed as part of the Contract work when submitting a pay request for payment of the item(s) requiring manual set(s). The set(s) shall include operation, maintenance, and parts manuals. 5.1.6 Contractor's failure to submit an acceptable DBE expenditure report, CPM schedule update, parts/operational/maintenance manual set(s), or not meeting the requirements for the certified payroll submission schedule, as outlined in 5.1.2, 5.1.3 and 5.1.4, and 5.1.5 above, will result in withholding of his progress payment by t~e Owner until these requirements are satisfied. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph 90-08. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: C-3 Addendum No.2 6.3 . 6.4 6.5 6.6 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I I I I I I I I I I I I I I I I I I I 6.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions ofthe Contract Documents, including the General Provisions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perfonn and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions ofthe Contract Documents. . CONTRACTOR has given ENGINEER written notice of all conflicts, error or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance oftms contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent ofthe cost of all its components and final assembly has taken place in the United States. C-4 Addendum No.2 I I I I I I I I I .1 I I I I I I I I I 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 ofthe components, exclusive of final assembly labor costs. (c) The attached list (marked as Exhibit "A ") is the list of supplies/materials that the U.S. Government has determined that are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality that will take exception to this clause. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages C-1 to C-7, inclusive). 7.2 Perfonnance and Payment Bonds, consisting of pages PB-1 to PB-4, inclusive. 7.3. General Provisions and Supplementary Conditions. 7.4 Technical Specifications as listed in table of contents of the Project Manual. 7.5 Drawings, consisting of a cover sheet and sheets numbered C-l through SD-5 inclusive with each sheet bearing the following general title: PERIMETER FENCING IMPROVEMENTS PROJECT AUGUSTA REGIONAL AIRPORT FAA A.LP. PROJECT NO. 3-13-0011-25 & 26 7.6 Addenda Numbers 1(2/26/04). 2 (4115/04). 3 (4119/04) and 1 (6/24/04). 2 (6/24/04) (inclusive). 7.7 CONTRACTOR's Bid and attachments as listed below. a. Bid Form (pages B-1 to B-Ij) 7.8 Sununary to Minutes of Pre-Bid Conference. There are no Contract Documents other than those listed in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Section 40 of the General Provisions. Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in Section 10 ofthe General Provisions will have the meanings indicated in the General Provisions. C-5 Addendum No.2 I I I I I I I I I I I I IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five copies ofthis Agreement. Two I counterparts each have been delivered to OWNER, and one counterpart each has been delivered to CONTRACTOR, ENGINEER, and FAA. All portions of the Contract Documents 4ave been signed or I identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. I I I I I 8.2 8.3 8.4 8.5 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent ofthe party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect ofthis restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. The CONTRAGTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach ofthis Contract, which may result in the termination ofthis contract or such other remedy as the Owner deems appropriate. The PRIME CONTRACTOR agrees to pay each subcontractor under this PRIME CONTRACT for satisfactory performance of its contract nq later than 7 days from the receipt of each payment the PRIME CONTRACTOR receives from AUGUSTA-RICHMOND COUNTY. The PRIME CONTRACTOR agrees further to return retainage payments to each subcontractor within 7 days after the subcontractor's work is satisfactorily completed. Any delay or postponement from the above reference time frame may occur only for good cause following written approval of AUGUSTA-RICHMOND COUNTY. This clause applies to both DBE and non-DBE subcontractors. Article 9. OTHER PROVISIONS. C-6 Ad.dendum No.2 I I I I I I I I I I I I I I I I I I I This Agreement will be effective on OWNER AUGUST A-RICHMOND COUNTY COMMISSION By: U1v- 6 Attest:~~ Address for giving notices: Municipal Building 530 Greene Street Aueusta, GA 30911 AUGUSTA AVIATION COMMISSION BY:~~ Attest: Address for giving notices: 1501 Aviation Way Augusta, Georgia 30906 I '2.... }J Q V e...-... ~ <<Vt.. 'Z~ '-f CONTRACTOR SMITH INDUSTRIES DBA SMITH ~NCE 1: BY:~ (Corporate Seal) Atte~: ~ 6/~ Address for giving notices: 4699110 Ave North Clearwater, FL 33762 C-7 Addendum No.2 I I I I I I I I I I I I I I I I I I I ATTACHMENT A SCHEDULE OF VALVES Augusta Regional Airport Perimeter Fencing Improvements Project Item Spec. No. No. Description QTY UNIT SMITH FENCE COMPANY Unit Price Extended Amount EXHIBIT "A" I I I I I I I I I I I I I I I I I I I List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jon 1991) Acatylene, black. Agar, bulk. Anise. Antimony, as metal or oxide. Asbestos, amosite, chrysolite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific: newspapers: pamphlets; magazines; periodicals: printed briefs and films; not printed in the United States and for which domestics epitions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. chestnuts. Chicle. Chrome ore or Chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum, Diamonds, industria', stones and abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abace, agava, coir, flax, jute, jute burlaps, palmyra and sisal.Goat and kidskins. Graphite, natural, crystal-line, crucible grade. Handsewing needles. Hemp yarn. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incorporation into building systems during construction or repair and alteration of real property.) Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive oil. Olives (green), pitted or unpitted, or stuffed, in bulk. Opium, Crude. 1 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) Oranges, mandarin, canned. Petroleum, crude oil, un-finished oils, and finished products (see definitions below). Pine needle oil. Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Quinidine. Quinine. Rabbit fur felt. Radium slats, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secretin. Shellac. Silk, raw and unmanufacturered. Spare and replacement parts for equipment of foreign manufacturer, and for which domestic parts are not available. Petroleum terms are used as follows: Spices and herbs, in bulk. Sugars, raw. Swords and scabbards. Talc, block, steatite. ' Tantalum. Tapioca flour and caSsava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Th~ead, metallic (gold). Thyme oil. Tin in bars, blocks, and pigs. Triprolidine hydrochloride, Tungsten. Vanilla beans. Venom, cobra. Wax, canauba. Woods; logs,veneer,and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenhart" lignum vitae, mahogany, and' teak. Yarn, 50 Denier rayon. "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 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 semi-solid cementitious material that (1) gradually liquefies when heated, (2) has bitumins as its predominating constituents, and (3) is obtained in refining crude oil. 2 _....:~ I ~ I I I - I I J::~ I I I I I I I I I I I I I I I I I I I I I I I I I .1 I I I I I I CERTIFICATE OF SECRETARY OF AS TO RESOLUTION ADOPTED BY BOARD OF DIRECTORS ON t</.2S/o'i I, Q.=:Q.S3L J - Sf-u'W , hereby certify that I am the S m , 7}i :r (lJ CI.A~7J" I es I :r Nc.. duly authorized Secretary of d.u S,.' I'TH FsvCL U, mfJlINy , charged with keeping the records and the seal of said Corporation, and that the following is a true and correct copy of a resolution adopted at a meeting ofthe Board of Directors ofthe Corporation duly held on :l..h6jD't , which resolution is now in full force and effect. RESOLVED, that /(IJ'InotVD f ~/17i ,@esid~ .s rn I T)1 :IN CH.C.:S 7't2...1 ~, ...Lf'3C . Vice President) of dhll ,-5'mJ7?{ FeAld!. ComPIUIJ'I ' is hereby authorized to execute contracts, perfonnance bonds and labor and materials bonds on behalf of the Corporation, WITNESS my hand as Secretary, and the seal of the Corporation this } {, -.#! day of .:)e.Pr"&mfJ2rz- ,20P.!L. ~ i . cretary . Sworn to before me this I (, e day of ~f!i.PI ,2ad ~-4.u.. A 4t!njt<lfJ Notary Public for .Ii./)~/i) I}- .. ~y My Commission Expires: .I.f/13/b'? ,.'''.'',," ~~:I't.'^Y' Phyllis B. Gonzalez ~: . 'E~~ MY C0MMISSV1N # OD202280 EXPIRES ~.f;~~<;;'- :.; ';1" l007 ~#~f~'''''' S\:'NOED :f;(. ;~URANCtINC: CS-l I I I I I I I I I I I I I I I I I I I Construction Performance Bond Bond #929338167 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): Smith Industries dba Smith Fence Company 4699110 Ave North Clearwater, FL 33762 SURETY (Name and Address of Principal Place of Business): Western Surety Company CNA Plaza Chicago, IL 60685-0001 OWNER (Name and Address): Augusta Aviation Commission Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 CONTRACT Date: }...l:,ve--k 1'2 , ~ Amount: $ 885,102.12 Description (Name and Location): Perimeter Fencing Improvements Project Augusta Regional Airport. FAA A.I.P. Projed No. 3-13-0011-25 & 26 BOND Date (Not earlier than Contract Date): Amount: $885,102.12 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the tenns printed on the reverse side hereof, do each cause this Perfonnance Bond to be duly executed on its behalf by its authorized officer, agent or representative. \ Signature: Name and Title: (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: SURETY Company: (Corp. Seal) Corp. Seal) Signature: Name and Title: Signature' Name and Title: EJCDC No. 191O-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects PB-l \. The CONTRACTOR and the Surety. jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3 I 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requesteCl and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the O\Vll:ER's right, if any, subsequently to declare a CONTRACTOR Default; and 3 2 The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract Such CONTRACTOR Default shall not be declared earlier. than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3 I; and 33 The OWNER has agreed to pay the Balance of the Contract Price to: 3 3 I. The Surety in accordance with the terms of the Contract; 3 3 2 Another contractor selected pursuant to paragraph 4 3 to perform the Contract 4 When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4 l. Arrange for the CONTRACTOR, with consent of the OWNER, to perfonn and complete the Contract; or 4 2 Undenake to perform and complete the Contract itself, through its agents or through independent contractors; or 4 3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess oflhe Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4 4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4 4 I Alter investigation, detennine the amount for which it may be liable to the OWNER and, as soon as practicable after thc amount is determined, tender payment therefor to the OWNER; or 44 2 Deny liability in whole or in part and notify the OWNER citing reasons therefor 5 If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond filteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER If the Surety proceeds as provided in paragraph 4 4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in pan, without further notice the OWNER shall be entitled to I enforce any remedy available 10 the OWNER 6. After the OWNER has terminated the CONTRACTOR's right to comp'lete thel Contract, and if the Surety elects to act uflder paragraph 4 I, 4 2, or 4 3 above, then the responsibilities of the Surely to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract To a Iimitl of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defectivel Work and completion of the Contract; 62. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of thel Surety under paragraph 4; an"d 6.3 Liquidated damages. or if no liquidated damages are specified in the Contract, actual damages caused by delayed perfonnance or non-performance of thel CONTRACTOR 7 The Surety shall not' be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract ~~, Price shall not be reduced or set ofT on account of any such unrelated obligations NOI right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors 8 The Surety hereby waives notice of any change, including changes of time, to the I Contract or to related subcontracts, purchase orders and other obligations 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work i.s located and shall be instituted within two years after CONTRACTOR Default orl within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofl the suit shall be applicable. 10 Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page II When this Bond has been fumished to comply with a statutory or other legall requirement in the location where the Contracl was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal" requirementl shall be deemed incorporated herein The intent is that rhis Bond shall be construed as a statutory bond and not as a common law bond 12 Definitions 12 I Balance of the Contract Price: The total amount payable by the OWNERI to the CONTRACTOR under the Contracl after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages tOt which the CONTRACTOR is entitled, reduced by all valid and proper payment made to or on behalf of the CONTRACTOR under the Contract 122 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changel thereto 123 CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the termsl of the Contract 124 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof I (FOR INFORMATION ONL Y--Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): I PB-2 I I I Construction Payment Bond Bond #929338167 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. I I CONTRACTOR (Name and Address): Smith Industries dba Smith Fence Company 4699110 Ave North Clearwater, FL 33762 OWNER (Name and Address): Augusta Aviation Commission Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 SURETY (Name and Address of Principal Place of Business): Western Surety Company CNA Plaza Chicago, IL 60685-0001 I I CONTRACT Date: I\..I(lVC~-u... I~r "?,o~V Amount: $885,102.12 Description (Name and Location): Perimeter Fencing Improvements Project Augusta Regional Airport FAA A.I.P. No. 3-13-0011-25&26 I I I BOND Date (Not earlietthan Contract Date): Amount: $885,102.12 Modifications to this Bond Form: .1 I Surety and Contractor, intending to be legal1Y bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative I .,y olp. Seal) ,/, '7 -:~ . Shrum, Jr:- Attorney-in-f I I (Space is provided below for signatures of additional parties, if required.) I CONTRACTOR AS PRINCIPAL Company: (Corp Seal) SURETY Company. (Corp. Seal) I I Signature: Name and Title: Signature: Name and Title. EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of AmeJ ica, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors I I PB-3 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the perfonnance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2. J. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2 2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided . there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly. for all sums due 4. The Surety shall have no obligation to Claimants under this Bond until: 4 I Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4 2 Claimants who do not have a direct contract with the CONTRACTOR: l. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last perfonned labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and . 2 Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR 5 If a notice requited by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance 6 When the Claimant has satisfied the conditions of paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions: 6 I Send an answer to the Claimant, with a copy to the OWNER. within 45 days after receipt of the claim, stating the amounts that are Wldisputed and the basis for challenging any amounts that are disputed 62 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall he credited for any payments made in good faith by the Surety 8 Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agrce that all funds earned by the CONTRACTOR in the performance of the Conllact are dedicated to satisfy obligations of the I CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work 9. The Surety shall not be liable to the OWNER, Claimants or oth~ for I obligations of the CONTRACTOR that are unrelated to the Contract The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments I to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10. The Surety hereby waives notice of any change, including changes of time. to I the Contract or to related Subcontracts, purchase orders and other obligations I I PB-4 (FOR INFORMATION ONL Y--Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): I I I I I I I I I I I I I I I I I I I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Warren M Shrum Jr., Individually of Palm Harbor, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and con finned This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of ApriI, 2004 WESTERN SURETY COMPANY r?/~~ Paul . Bruflat, Senior Vice PreSident State of South Dakota County of Minnehaha } ss On this 8th day of April, 2004, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires +~~~~~~~~~~~~~~~~~~~~-~~+ $ D. KRELL : # # $~NOTARY PUBLIC~: : SOUTH DAKOTA : +~~~~~~~~~~~~~~~~~~~~~~~+ ~ ~'P"bU' November 30, 2006 CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify thatllie By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this /ij:-!:!: day of o/T~ ..6"~ ,~" t' <7'- ~\ WESTERN SURETY COMPANY /~/ o,,'o""'~~~\ i":c.t t" 'PS \W, "!I t~~~,;i~~ ~/ ~ ~~Is~secretary Form F4280-01-02 Authorizing By-Law I ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders I of the Company. I Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other I officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the I corporation. The signature of any such officer and the corporate seal may be printed by facsimile I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of R~ading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES' The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 I ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 B DATE (MMlDONY'IY) SMI~-9 10/18/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERl1FICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I PRODUCER Bouchard-Starcrest 101 Starcrest Drive POBox 6090 Clearwater FL 33758-6090 Phone:727-447-6481 Fax: 727-449-1267 INSURED INSURERS AFFORDING COVERAGE INSURER A HANOVER INSURANCE COMPANY NAlC# I I Smith IndustriesL Inc. dba Smith Fence ~ompany and Smith Fence 4699 110th Ave North C1earwater FL 33762 NSURER B INSURER C: NSURER D NSURER E IlIl:roGUIELll IH'LOYDS %lIS co I COVERAGES I TH: POLICES OF INSUPANCE LISTED BELOVl HAVE BEEN ISSJED TO THE INSURED NAMED ABOVE "OR THE POliCY PERIOD INDICATED NOTWITHSTI'NDltJG MY REOUIRE'-'ENT TERM OR CONDiTION OF IWY COtJTRACT DR OTHER DOCUMENT WITH RESPECT'TO MilCH TnlS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIEED HEREIN IS SUBJECT TO AlL THE TERMS EXCLUSIONS "NO CONDITIONS OF SUCH POLICIES A,GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Lm NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMIODIYY) : DATE' (MMIDDIYVI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - 10/10/05 · FREWiSES(E';'~~~~erce) A X X COMMERCIA. GENERAlllABLlTY ZZJ7226346 10/10/04 $ 300000 - =:J i2LAIMS MADE ~ OCCIJ< MED EX? (Anyone person) $ 10000 - X CONTRACTUAL LJ:AB FERSON/lL & mv INJURY $ 1000000 X XCU 10 DAY OICC !lOT:ICE !lO!l2AY GENERAl AGGREGATE $ 2000000 !--- GEN'L AGGREGATE LIMIT APPLIES PER FRODUCTS - COMP/OF AGe $ 2000000 h POliCY !Xl ~ffi n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 I- A ~ M>JY AUTO AZJ7229200 10/10/04 10/10/05 lEa accident) ALL OWt./ED AUTOS 80DIL Y INJURY I- $ SCI-EDl1.ED AUTOS (Per person) I- ~ HIRED AJTOS 60DIL Y INJURY $ ~ NON-O'l'<NEe A\J70S (Per accident) f- FROFERTY DAMAGE $ (per eccidanf) 10 DAY CAlle 1I0TICE 50llPAY GARAGE LIABILITY I'UTO ONL Y - EA ,oCCIDENT $ R ANY AUTO OTHER Tl-'AN EAACC $ I'UTO ONLY: AGG $ EXCESSIUMBRELlA L1ABLITY EACH OCCURRENCE $ 10000000 A ~] OCCUR o CLAIMS MADE UHJ7236996 10/10/04 10/io/05 I'.GGREGATE $ 10000000 10 Day $ Notice ~ ~DEcucnBLE Canel $ Non Pay X RETENTION $ none $ WORKERS COMPENSA nON AND X ITORYLIM:Ts I IUt;r B EMPLOYERS' LIABILITY 0830-30352 10/:1.0/04 10/:1.0/05 E L EACh ACCIDENT $ 500000 ANY PROPRIETOR/P.'\RTNERJEXECtJ1WE OFFICERlMEMBER EXCLUDED? 10 DAY CAlIC !l0TIC!: IIOIIPAY E L DISEASE. EAEMPLO\EE $ 500000 If lIt'S, describe under E L DISEASE - PQIC) LIMIT $ 500000 SPECIAL PROVISIONS below OlHER A Leased & Rented ZZJ226346 10/10/04 10/10/05 Limi ts $150,000 Equipment 10 OAY cue KOTICE II011PAY Oed. $1000. DESCRIPTION OF OPERATIONS 'LOCATIONS' VEHCLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECiAl PROVISIONS RE: AUGUSTA REGIONAL AIRPORT E'ERIMETER FENCING IME'ROVEMENTS PROJECT CERTIFICATE HOLDE~ IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. CERTIFICATE HOLDER I I I I I I I I I I I AUGUSTA CANCELLATION SHOULD A~ OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATlON DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 30 DAYS WRlT1EN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bur FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AI-(( KIND UPON lHE INSURER, ITS AGENTS OR I AUGUSTA AVLATION COMMISSION AUGUSTA REGIONAL AIRPORT 1501. AVIATION WAY AUGUSTA FL 30906 @ACORD CORPORATION 1988 I ACORD 25 (2001108) DISCLAIMER I I I I I I I I I I I I I I I I I I I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001108) I ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 D DAle IMMlDDIYYYV) SMITH-9 09/30/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I PRODUCER Bouchard-Starcrest 101 starcrest Drive POBox 6090 Clearwater FL 33758-6090 Phone:727-447-6481 Fax:727-449-1267 INSURED INSURERS AFFORDING COVERAGE INSURER A HANOVER INSURANCE COMPANY NAlC# I I Smith Industries6 Inc. dba Smith Fence ompany and 8mi th Fence 4699 110th Ave North Clearwater FL 33762 I,NSURER B INSURERC: INSURER D INSURER E UIDG....IELD EIlPLOYIlR$ DlS co I COVERAGES I TrE POLICES OF INSURANCE lISTED BELOW HAVE BEEN I&.CUED TO THE INSURED NAMED ABOVE "OR THE POLICY PERIOD INDICATED NOlWlTHSTANDItIG M.Y REQUIRE !lENT TERM CR CONDTION OF ANY COI{ffiACT OR OTHER DOCUMENT Wllrl RESPECT TO WHICH THIS CERTiFICATE ~y BE ISSUED OR ~Y PERTAIN THE INSURANCE AFFORDED BY ThE POLICIES DESCRIBED HEREIN 15 SL6JECT TO ALL THE TERMS EXClUSIONS !'ND CONDITIONS OF SUCH POLICIES '\GGREG"'TE LIMITS SHOWN ~Y HAVE BEN REDUCED BY PAID CL"-IMS LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMIODNY) , DATE (MMIODNY) LIMITS GENERAL LIABILItY EACh OCCURRENCE $ 1000000 f--- 10/10/03 10/10/04 A X X COMMERCIAL GENERAL UABIUTY ZZJ1226346 FREIVISES (Ea occuren::e) $ 300000 - o CLAIMS MADE !KI OCCLH MEO EXP (AAy one person) $ 10000 - FERSONAL & ;>DV INJURY $ 1000000 - X XCU 10 DAY CAlle: 1l0000CE 1l0nAY GENERAL AGGREGATE $ 2000000 - GEN'l AGGREGATE LIMIT APPLIES PER FROClIClS - COMP/OF AGG $2000000 I POLiCY !Xl ~f& n lOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 - A X ANY AUTO AZJ7229200 10/10/03 10/10/04 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - (Per person) $ - SCt-EDU..ED AUTOS X HIRED AUTOS EODIl Y INJURY - $ X NOr.-OVvNEC AUTOS (Per .ccldanl) - - FROFERTY DAMAGE $ 10 DAY CAIIC 1I0TJ:CE 1I0lfPAY (Per .ccldanl) GARAGE LIABILITY PUTO ONl Y - EA I'CCIDENT $ ==] />NY AlfTO CTHER TIi'\N EA ACC $ PUTO ONLY: AGG $ EXCESSIUMBRELlA L1ABLITY EACH OCCURRENCE $ 10000000 A ~ OCCUR o CLAIMS MADE UIlJ1236996-FOLLOV roaM 10/10/03 10/10/04 PGGREGATE $ 10000000 10 Day $ Notice ~ DECUCllBLE Cancl $ Non Pay X RElENT ION $ none $ WORKERS COMPENSATION AND X ITORy lIMTS -I IVtll" B EMPLOYERS' LlABlLnY 0830-30352 10/10/03 10/10/04 E L EACH ACCIDENT $ 500000 /W( PROPRIETOR/PIIRTNERiEXEClIT:VE OFi'ICERlMEMEER EXCLUDED? 10 DAY CAlfC 1f000000CE I'OIl'PAY E L DISEASE - EAEMPLmEE $ 500000 If ~es. describe under E l DISEASE - PQICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER l A Leased & Rented ZZJ226346 10/10/03 10/10/04 Limi ts $150,000 Equipment 10 Dl\Y CAIIC 1l000CE Jl()IlPAY . oed. $1000. DESCRlPnON OF OPERATIONS / LOCATIONS / VEHCLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: AUGUSTA REGIONAL AIRPORT PERIMETER FENCING IMPROVEMENTS PROJECT CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL L:tABILITY SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY, I I I I I I I I I I I AUGUSTA CANCELLATION SHOULD AI><< OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRAllON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRlT1EN NOTICE TO mE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR L1ABILnY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CERTIFICATE HOLDER I AUGUSTA GA & AUGUSTA RICHMOND COUNTY COMMISSION 530 GREEN ST ROOM 605 AUGUSTA GA 30911 @ACORD CORPORATION 198B I ACORD 25 (2001108) DISCLAIMER I II '. '. I I "I I I I I I I I I I I I I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) I I I I I I -I I I I I I I I I I PRODUCER Bouchard-Starcrest 101 Starcrest Drive POBox 6090 Clearwater FL 33758-6090 Phone:727-447-6481 Fax:727-449-1267 INSUREO COVERAGES ACORD. OP 10 D DATE (Mr.tIDOIYYVY) SMITH-9 09/30/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE INSURERS AFfORDING COVERAGE I'ISURER A HANOVER INSURANCE COMPANY NAlC# CERTIFICATE HOLDER I I Smith IndustriesL Inc. dba Smith Fence ~ompany and Smith Fence 4699 110th Ave North Clearwater FL 33762 I\lSURER B I\lSURER C i'JSURER D INSURER E 8IllDGUI&LD I2ll'LOYBRS US co LPAGROU CANCELLA TION SHOU~D AW OF THE ABOVE OESCRlBED PO~ICIES BE CANCE~LED BEF.ORE THE EXPRAllON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 OAyS WRITTEN NonCE TO THE CERllFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABIll1Y OF AW KIND UPON THE INSURER, irS AGENTS OR Tt€ POliCiES OF INSURANCE LISTED BELOW HAVE BEEN ISaJED TO THE INSURED NAMEDABClVE <DR THE POliCY PERIOD INDICATED N01WITHSTPNDING MY REQUIREM:NT TERM OR CONDmerl OF ANY CONtRACT OR OTHER DOCUMENT WlrH RESPECT TO WI-nCH r:~IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY ThE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS EXClUSIO~ !'-ND CONDITIONS OF SUCH . P(OllCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLI\IMS LTR NSRC lYPE OF INSURANCE POLICY NUMBER DATE (MMiilDNW: . DATE (MMlDDNY) LIMITS ~ERAL LIABILm' EACh OCCURRENCE $ 1000000 A X ~ t3'~EP.CIA. GENERAL LIABILITY ZZJ1226346 10/10/03 10/10/04 F?EW.iS'ES (E~~~~~erce I . $ 300000 CLAIMS MADE ~ OCCLR iIIED EXP (Anyone person) $ 10000 f---- FERSONAI. & ,>DV INJURY $ 1000000 f---- ~XCU 10 DAY CAlle 1I0'l.':cCC JrOWPAY GENERJ'L AGGREGATE $2000000 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOF AGG $ 2000000 I POLICY !Xl ji& n LOC . AUTOMOBILE LIABILITY : COMBINED SII~GLE LIMIT - $ 1000000 A ~ ANY AUTO AZJ/229200 10/10/03 10/10/04 (Ea accident) - ALL OWNED AUTOS 80DIL Y INJURY $ SCI-EDu..ED AUTOS (Per person) - ~ HIRED AUTOS EODIL Y INJURY $ ~ NON-OV'vNEC AUTOS (Per fccidant) FROFERTI' DAMAGE $ 10 PAy CAlle IIOTICE 1I0llPAY . (per ~ccid~nt) GARAGE LIABILITY . !'UTO ONlY. EA .ocCIDENT $ ==J ANY AUTO OTHER ThAN EA ACC $ !'.UTO ONL Y AGG $ EXCESSIUMBRELLA llABLrTY EACh OCCURRENCE $ 10000000 A tJ OCCUR D CLAIMS MADE UBJ1236996-FOLLO'if FOIlH 10/10/03 10/10/04 AGGREGATE $ 10000000 10 Day $ Notice 8 DEDUCTIBLE Cancl $ Non Pay X RETENTION $ none $ VVORKERS COMPENSATION ANO X IrORY LIMiTS I IV~R B EMPLOYERS' LIABILITY 0830-30352 10/10/03 10/10/04 E L EACh ACCIDENT $ 500000 !IN( PROPRIETORIPAATNERJEXECUTIVE OFFICERiMEMB::R EXCLUDED? 10 DAY CAlle IIOTICC IfOIfPAY E l DISEASE - EAEMPLO)EE $ 500000 If yes, descnbe under E L DISEASE - PWCY LIMIT $ 500000 SPECiAl PROVISIOtJS below OlliER A Leased & Rented ZZJ226346 10/10/03 10/10/04 Limits $150,000 Equipment 10 DAY CAlle IIOTICE IfOIlPAY Ded. $1000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: AUGUSTA REGIONAL AIRPORT PERIMETER FENCING IMPROVEMENTS PROJECT CERTIFICATE HOLDER :tS ADDITIONAL INSURED AS RESPECTS GENERAL LIABIL:tTY SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. LPA GROUP 700 HUGER STREET COLUMBIA SC 29250 I ACORD 25 (2001/08) @I ACORD CORPORATION 1988 DISCLAIMER I I I I I I I I I I I -I I I I I I I 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 endorsemenl(s) The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) I I I I I I I I I I I I I I I I ACORD. PRODUCER Bouchard-Starcrest 101 Starcrest Drive POBox 6090 Clearwater FL 33758-6090 Phone:727-447-6481 Fax: 727-449-1267 INSURED OP 10 B DATE (MMlDD/YYYYj SMi~-9 10/29/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE I\ISURERA MOUNT HAWLEY INSURANCE CO "'SURER B I~SURER c: NSURER D "'SURER E NAlC # Augusta Aviation commission Augusta Regional Aiport 1501 Aviat~on Way Augusta GA 30906 COVERAGES CERTIFICATE HOLDER AUGUSTA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCellED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABilITY OF ANi KIND UPON THE INSURER, ITS AGENTS OR THO POliCES OF INSUP.ANCE LISTED BELOW HAVE BEEN ISSJEDTO THE INSURED NAMED ABOVE =ORTHE pCtley PERIOD INDICATED NOlWITHSTN'lDING MY REOUIRE/.IENT TERM OR CONDTION OF.ANY CONTRACT OR OTHER OOCUIAENT WITH RESPECT TO WHICH TrlIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRI8ED HEREIN IS SUBJECT TO AlL THE TERMS EXClUSIO'lS "ND CONDITIONS OF SUCH P('liCIES .o.GGREG'ITE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDNY) ; DATE (MMJOOIYVI L1MrrS GENERAL LIABILITY EACh OCCURRENCE $ 1000000 - A COMMERCIA. GENERAL lIABiUTY OCPOOO0870 11/01/04 11/01/05 FREfoIlSES lEa occurenoe) $ - .=J CLAIMS MADE [!] OCCLR MED EXP IAny one person) $ - X OWner/Cont Proto FERSONP<. &. i'oDV INJURY $ 10 DAY CAlle rol. '01( PAY GENERAL AGGREGATE $ 2000000 GEN'L AOOREGA IE LIMIT APPLIES PER PRODUCTS. COMP/OF AGG $ I POLiCY n :;f& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - AlL OWNED AUTOS EODIL Y INJURY - $ SCHOOll.ED AlITOS (Per pers",,) - HIRED AUTOS EODll Y INJURY - $ NON-OVvNED AUTOS (Per eccidant) - FROFERTY DAMAGE $ (Per cccid.nl) GARAGE LIABILITY I'lITO ONLY - EA i1CCIDENT $ R .ANY AUTO G"!HER 1l-'.AN EA ACe $ ".UTO ONl Y AGG $ EXCESSJUMBRELLA LIABUTY EACH OCCURRENCE $ b OCCUR 0 CLAIMS MADE I'GGREGATE $ $ R DECUCllBLE $ RETENTION $ $ WORKERS COMPENSATION AND hOR\- LIMits I lu~:t EMPLOYERS' lIABILITY E L EACH ACCIDENT $ fW( PROPRIETORIPARTNER1EXEClITiVE OFlCERlMEMBER EXCLUDED? E L DISEASE - EAEMPLOYEE $ If l"'s. descnbe under E l ["SEASE - pellcy LIMIT $ SPECIAl. PROVISIOtlS bqlOW OlliER A Excess OCI? MXL0359282 11/01/04 11/01/05 OCc $3,000,000. Agg $3,000,000. DESCRIPTION OF OPERATIONS J LOCATIONS J VEHClES / EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS I AUGUSTA AVIATION COMMISSION AUGUSTA REGIONAL AIRPORT 1501 AVIATION WAY AUGUSTA GA 30906 I ACORD 25 (2001/08) @ACORD CORPORATION 1988 I I I I I I I I I I I I I I I I I I I I GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. (NOTICE TO BIDDERS). A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance. When referred to in the plans and specifications, advisory circulars shall have the same force as supplemental specifications. lO-05 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area ofthe airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, or apron. I 0-07 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.. 10-08 ASTM. The American Society for Testing and Materials. 10-09 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-10 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-11 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other buildings and facilities located thereon. GP-I0-l II II II II II II II II 10-12 CALENDAR DA y.IIEvery day shown on the calendar. II II 10-13 CHANGE ORDER. I!A. written order to the Contractor covering changes in the plans, specifications, or proposal quantiti:~s and establishing the basis of payment and contract time adjustment, if any, for ,~he work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. lO-14 CONTRACT. Thellwritten agreement between the Owner and the Contractor covering the work to be performed. liThe awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; Ilfhe Proposal; The Performance Bond; The Payment Bond; any II required insurance certificates; The General Provisions; The Special Provisions; The Specifications; The Plans, and any addenda issued t~ bidders; Change Orders and agreements which are required to complete the construction of the work in an acceptable manner, including authorized extensions II thereof, all of which constitute one instrument. JI 10-15 CONTRACT ITEM Ilep A Y ITEM). A specific unit of work for which a price is provided in the contract. I! II .. 10-16 CONTRACT TIME.!I The number of calendar days or workmg days, stated m the proposal, allowed for completion of!he contract, including authorized time extensions. If a calendar date of completion is stated in the n'roposal, in lieu of a number of calendar or working days, the II contract shall be completed by that date. II 10-17 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of'~he 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. II II 10-18 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are coli:ected and conducted from the airport area. II 10-19 ENGINEER. The in~ividual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible 'for engineering supervision of the contract work and acting directly or through an authorized re~resentative. II 10-20 EQUIPMENT. All r&achinery, together with the necessary supplies for upkeep and maintenance, and also all tools and ~pparatus necessary for the proper construction and acceptable completion of the work. II 10-21 EXTRA WORK. ! item of work not provided for in the awarded contract as II previously modified by change orde~ior supplemental agreement, but which is found by the Engineer II II GP-I0-2 II II II II II II II I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I to be necessary to complete the work within the intended scope of the contract as previously modified. 10-22 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representatiye. 10-23 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from Standardization Documents - Order Desk, 700 Robbins Avenue, Building 4 - Section D, Philadelphia, Permsylvania 19111-5094, Telephone (215)697-2197. 10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words ofthe like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination ofthe owner. Any reference to a specific requirement of a numbered paragraph ofthe contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 1 0-26 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-29 work. MATERIALS. Any substance specified for use in the construction of the contact GP-10-3 10-30 MIL SPECIFICATION. The Military Specifications and Standards, and indices thereto, are prepared and issued by t~e Department of Defense. They may be obtained from the same address noted in paragraph 10-23. II 10-3l NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-32 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the dbntract. For AIP contracts, the term sponsor shall have the same . h d meamng as t e term owner. II II 10-33 PAVEMENT. The c'bmbined surface course, base course, and subbase course, if any, considered as a single unit. II II 10-34 PAYMENT BOND. liThe approved form of security furnished by the Contractor and his/her surety as a guaranty of good faith and ability on the part ofthe Contractor to execute the work in accordance with their terms of th~ Plans, Specifications, and Contract, and as a guaranty that he will pay in full all bills and accountJlfor materials and labor used in the construction ofthe work, as provided by law. ii 10-35 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a gu'hranty that the Contractor will complete the work in accordance with the terms of the contract. :: II 10-36 PLANS. The officil~l drawings or exact reproductions which show the location, character, dimensions and details ~f the airport and the work to be done and which are to be considered as a part of the contract,ilsuPPlementary to the specifications. 10-37 PROJECT. The agreM scope of work for accomplishing specific airport development II with respect to a particular airport. II 10-38 PROPOSAL. The lritten offer of the bidder (when submitted on the approved proposal form) to perform the contelhplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-39 PROPOSAL GU~NTY. 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. II 1 0-40 RUNWAY. The arJk on the airport prepared for the landing and takeoff of aircraft. II II lO-41 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the projedlunder consideration. GP-IO-4 I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I Ii - I I I I 10-42 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as ifinc1uded in the contract physically. 10-43 SPONSOR. A public agency or a political subdivision of a State in whom rests the title to the airport at which the construction under this contract is to be performed. Political subdivision refers to a County, City, Village, Township, or any combination or authority thereof as provided by law for the construction and operation of airports. The sponsor may also be referred to as the Owner in several parts of the contract. 10-44 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements navigational aids; buildings, vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-45 SUBCONTRACTOR. The prequalified (where required) individual, partnership or corporation, or a combination thereof, undertaking the execution of a part of the work under the terms of the contract, by virtue of an agreement with the Contractor approved by the Owner. 10-46 SUBGRADE. The soil which forms the pavement foundation. 10-47 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-48 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-49 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-50 T AXIW A Y. For the purpose ofthis document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas, 10-51 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. GP-10-5 10-52 WORKING DAY. It\ working day shall be any day other than a legal holiday, Saturday, or Sunday on which the ndhnal working forces ofthe Contractor may proceed with regular work for at least 6 hours toward co~pletion of the contract. Unless work is suspended for causes beyond the Contractor's control, Satwrdays, 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 II II II II II II II II II II GP-IO-6 II II ,I I I I I I I ,I I /1 I I i I~ I I I- I I I I I I 1\ I I I I I I I I I I I (I t I SECTIONS 20 AND 30 ARE DELETED REFERENCE SUPPLEMENTARY CONDITIONS SC-5 AND SC-7, RESPECTIVEL Y I I I I I I , I I ,I I I /; I, I I I I i I SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent ofthe contract is to provide for construction and completion, in every detail, ofthe work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as ifthe altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, ifthe Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. GP-40-1 II 40-04 EXTRA WORK. S,p-ould acceptable completion ofthe contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract .. II or prevIOusly Issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within t~~ general scope ofthe contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change II order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time th~\, in the Engineer's opinion, is necessary for completion of such extra work. ~~ II When determined by the Engineerlfo be in the owner's best interest, he may order the Contractor to proceed with extra work by force11account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for Jleptable completion ofthe project, but is not within the general scope ofthe work covered by the ol!iginal contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsedhon titled SUPPLEMENTAL AGREEMENT of Section 10. II Any claim for payment of extra .Jork that is not covered by written agreement (change order or supplemental agreement) shall be ~ejected by the owner. II 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the ;~ontractor's equipment and personnel, is the most important consideration. It is understood ~nd 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 operationsllof all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the I' 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 II as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF:PTHERS in Section 70. II With respect to his/her own opJrations and the operations of all his/her subcontractors, the II Contractor shall provide marking, II 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 e~uipment, or maintenance vehicles at the airport. When the contract requires the Jaintenance of vehicular traffic on an existing road, stree~, or highway during the Contractor's pJ~formance of work that is otherwise provided for in the contract, plans, and specifications, the Contbctor shall keep such road, street, or highway open to all traffic and shall provide such maintenanc~ as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barriddes, warning signs, flagmen, and other traffic control devices in II reasonable conformity with the ~anual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall al~b construct and maintain in a safe condition any temporary GP-40-2 I ,I J I I ,I I I I I. I 1 I I I I I i I I I. I I I . I I I I I, I I t I' I I I I connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. 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 REMOV AL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place, The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MA TERlALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERlALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms ofthe 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. GP-40-3 Should the Contractor wish to exercise option a., b., or C., he shall request the Engineer's approval in II advance of such use. II II Should the Engineer approve the Contractor's request to exercise option a., b., or C., the Contractor shall be paid for the excavation o~lremoval of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is :~cceptable 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. ii It is understood and agreed that th~ Contractor shall make no claim for delays by reason of his /her " II exerCIse of optIon a., b., or c. II II 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 r!moval is provided for in the contract, plans, or specifications. II II 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the C~ntractor shall remove from the site all machinery, equipment, II surplus and discarded materials, rubbish, temporary structures, and stumps or portions oftrees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cld~red from the site and deposited on adjacent property will not be considered as having been disposed of . satisfactorily, unless the Contracto~ has obtained the written permission of such property owner. II II 40-09 ACCESS TO THE WORK. Access to the work will be via the access routes shown on the plans or as directed by the EJgineer. The Contractor shall identify access routes with suitable signs, barricades and similar equip'lnent. The entire access route and constrution site shall be kept free and clean of all debris at all times and II maintained in good repair by the Contractor. All damage to the access route caused by the actions of the Contractor or his agents shall He immediately repaired to the satisfaction ofthe Owner. II No additional payment will be made to the Contractor for complying with the requirements ofthis II subsection. II II No other access to the work siteJI will be permitted without written approval by the Engineer. Contractor's vehicles and equipme~t, including vehicles and equipment of subcontractors and others coming under the Contractor's col\trol, will not be permitted to traverse other airfield areas or I' pavements without written approval of the Engineer. II Contractor's vehicles, equipment, lbd materials may be stored in the area designated on the Plans. Upon completion of the work, th~ storage area shall be cleaned up and returned to its original II II II GP-40-4 II II " I I I I I I I I I~ I ,I I I t II ,I I 'I' I I I I r I I I I I I I I I t I I I I I condition to the satisfaction of the Engineer. No special payment will be made for clean up and restoration of the storage area. Space will be allotted by the Engineer for the use of employees of the Contractor and his subcontractor(s) for the daily parking of their automobiles during the construction period. Personal vehicles of employees ilnd vehicles operated by vendors of goods or services will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. END OF SECTION 40 GP-40-5 I I I I I I I I I I I I I I I I I I I SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part 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 not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion ofthe work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests ofthe affected work as are, in hislher opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose ofthis subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements ofthe contract, plans, and specifications during the Contractor's prosecution ofthe work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. GP-50-l II II II II For the purpose ofthis subsection, t~~ 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 II acceptance of work that is not in strict conformity but will provide a finished product equal to or II better than that intended by the requirements of the contract, plans and specifications. II II 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 occm!ing in one is as binding as though occurring in all. They are intended to be complementary and lito describe and provide for a complete work. In resolving conflicts, discrepancies, or errors in the various contract documents, the documents shall be given the II order of precedence, as follows: Contract, Supplemental Agreement, Change Order, Addenda, II Supplementary Conditions, Plans, Specifications, General Provisions. In case of discrepancy, figured dimensions, unless obviously incorrect, shall govern over scaled dimensions. Cited II standards for materials or testing, and cited FAA Advisory Circulars shall be considered as standard specifications. II II Any table, gradation, size, dimension, rate, mix, method, nomenclature, pay item number, basis of payment or method of measurement shown on the plans, which is at variance with the standard II specifications, shall be considered all amendment or supplement to the applicable specification. II The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Co~tractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be II final. II II 50-04 COOPERATION OF::CONTRACTOR. The Contractor will be supplied with five (5) copies of the plans and specificationJ~ He shall have available on the work at all times one copy each of the plans and specifications. Addi~ional copies ofplans and specifications maybe obtained by the Contractor for the cost of reproducti~n and postage. II The Contractor shall give constant atrention to the work to facilitate the progress thereof, and he shall II cooperate with the Engineer and hislher inspectors and with other contractors in every way possible. The 'Engineer shall allocate the w~rk and designate the sequence of construction in case of controversy between contractors. TI1b Contractor shall have a competent superintendent on the work at all times who is fully authorized asl!hislher agent on the work. The superintendent shall be capable of reading and thoroughly understadtiing the plans and specifications and shall receive and fulfill instructions from the Engineer or hiJYher authorized representative. ," U II 50-05 COOPERATION BE:ifWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or ad~itional work on or near the work covered by this contract. II II 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. Corl~ractors working on the same project shall cooperate with each . II other as dIrected. GP-50-2 I I I I 1 I 1 I ,I I I 'I I I ,I I I I 'I I I I I I I I I I I I I I , J I I I I Each Contractor involved shall assume all liability, financial or otherwise, in connection with hislher 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 ofthe 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 ofthe other Contractors within the limits ofthe same project. He shall join hislher work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. Utilizing the data shown on the plans and/or furnished by the Engineer, the Contractor shall establish all horizontal and vertical controls necessary to construct the work in conformance with the plans and specifications. The work shall include performing all calculations required and setting all stakes needed, such as offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction. The Contractor shall employ only competent personnel and utilize only suitable equipment in performing layout work. He shall not engage the services of any person or persons in the employ of the Engineer for performance of layout work. Adequate field notes and records shall be kept as layout work is accomplished. These field notes and records shall be available for review by the Engineer as the work progresses and copies shall be furnished to the Engineer at the time of completion ofthe project. Any inspection or checking ofthe Contractor's field notes or layout work by the Engineer and the acceptance of all or any part thereof, shall not relieve the Contractor of his responsibility to achieve the lines, grades, and dimensions shown in the plans and specifications. The cost of all stakes and the cost of performing layout work as described above shall be included in the contract unit prices for the various items of work to which it is incidental. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture ofthe materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. GP-50-3 II II II Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as II foreman for the Contractor. II II 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the 'Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with~~uch information and assistance by the Contractor as is required to make a complete and detailed ins~ection. ' Ifthe Engin~er requests it, the contrlctor, at any time before acceptance ofthe 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 wJrk to the standard required by the specifications. Should the work thus exposed or examined pro~e acceptable, the uncovering, orremoving, 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 ofthe covering or making good of the parl~ removed will be at the Contractor's expense. II Any work done or materials used without supervision or inspection by an authorized representative II of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's I. representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. II Should the contract work include ~elocation, adjustment, or any other modification to existing facilities, not the property of the (coAtract) owner, authorized representatives ofthe owners of such facilities shall have the right to ins~ect 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. II 50-10 REMOVAL OF UN~CCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the re4uirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY 11TH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the reSult of poor workmanship, use of defective materials, damage through carelessness, or any other ca~se found to exist prior to the final acceptance of the work, shall be removed immediately and replac~~ in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. II Work done contrary to the instructi~ns of the Engineer, work done beyond the lines shown on the plans or as given, except as hereinllspecified, or any extra work done without authority, will be considered as unauthorized and willlnot be paid for under the provisions of the contract. Work so II done maybe ordered removed or ren1aced at the Contractor's expense. Upon failure on the part of the ContJlctor to comply forthwith with any order of the Engineer made under the provisions of this subsecti~n, the Engineer will have authority to cause unacceptable work II II II GP-50-4 II II I I I I I I IeI I I I I I .1 I I I I I I I I I I I I I I I I I I I I I I I I to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor :of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed, No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or sub grade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection ofthat unit. Ifthe Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, GP-50-5 II II II he may accept it as being complete~, 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. II II 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion ofthe entire project, th~ Engineer and owner will make an inspection. If all construction provided for and contemplated b~1 the contract is found to be completed in accordance with the contract, plans, and specifications, '~uch inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writi~g of final acceptance as of the date of the final inspection. II II If, however, the inspection disclo~es any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately com~ly with and execute such instructions. Upon correction of the work, another inspection will be m~de which shall constitute the final inspection, provided the work has been satisfactorily completed. II In such event, the Engineer will make the final acceptance and notify the Contractor in writing of It his acceptance as of the date of final inspection. II 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 cl~im 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 fo~ keeping strict account of actual cost as required, then the Contractor hereby agrees to waive 'kny claim for such additional compensation. Such notice by the Contractor and the fact that the Erl~ineer has kept account of the cost of the work shall not in any way be construed as proving or sub~tantiating the validity of the claim. When the work on which the II claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her writ~en claim to the Engineer who will present it to the owner for consideration in accordance with IAcallaws or ordinances. II Nothing in this subsection shall bdl construed as a waiver of the Contractor's right to dispute final payment based on differences in rdbasurements or computations. II II 50-17 RETEST OF WORK. When as provided for in the contract documents, the Owner performs sampling and tests ofthe ~ork and the tests show a failure to meet the requirements ofthe contract documents, the expense otiretesting, after reworking or substitution by the Contractor will be at the expense of the Contractor !nd such costs will be deducted from the payments otherwise due to the Contractor. II II II 50-18 CORRECTION OF ;WORK AFTER FINAL PAYMENT, Neither the final certificate nor payment, nor any provision Ilin the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defect due thereto and pay for arty damage to other work resulting therefrom, which shall appear within a period of one year from dalb of final acceptance. Wherever the word "acceptance" occurs, it II shall be understood to mean final acceptance. GP-50-6 I I I I I f I I I I I I I I ,I I I I I I I I I I I I I I I I I I I J I I i I The Owner shall give notice of observed defects with reasonable promptness. Ifthe Contractor fails to remedy any failure, defect, or damage within a reasonable time after the receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. With respect to all warranties, expressed or implied, from subcontractors, manufacturer, or suppliers for work performed and materials furnished under this Contractor, the Contractor shall: a Obtain all warranties that would be given in normal commercial practice; b Require all warranties to be executed, in writing, for the benefit of the Owner. END OF SECTION 50 GP-50-7 I I, I I , I I I I I, I I I I I I I I I SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission 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 ofthe owner. All materials being used are subject to inspection, test, or rej ection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at hislher request. In the event that any tests show a failure to meet the requirements of the contract document, the expense of retesting, after substitution or modification by the Contractor, will be at the expense of the Contractor and such costs will be deducted from the payments otherwise due to the Contractor. The Contractor shall give sufficient notification of the placing of orders for materials to permit testing. 60-03 CER TIFICA nON OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. GP-60-1 II Materials or assemblies used on th~1 basis of certificates of compliance may be sampled and tested at any time and if found not to be in c~nformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is Jecified by "brand name or equal" and th~ Contractor elects to furnish the specified "brand name'I'I' 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: C ~ II h 'fi d fi' . . l" d" . 1 a onlormance to t e specI Ie per ormance, testmg, qua lty or ImenslOna . II d reqUIrements; an , II II b Suitability d1f the material or assembly for the use intended in the contract work. II II II II Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of com~Iiance as hereinbefore described for the specified brand name material or assembly. However, thf Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. II II The Engineer reserves the right to J~fuse permission for use of materials or assemblies on the basis of certificates of compliance. II 60-04 PLANT INSPECTioN. The Engineer or hislher 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 i~ time for the purpose of determining compliance with specified manufacturing methods or material~ to be used in the work and to obtain samples required for hislher acceptance of the material or assembly. Should the Engineer conduct Planfnspections, the following conditions shall exist: . a The Engineer shall have the cooperation and assistance ofthe Contractor and the produce~ with whom he has contracted for materials. II II b The EngineJ~ shall have full entry at all reasonable times to such parts ofthe plant that c~ncern the manufacture or production of the materials being furnished. ~: II II c If required by the Engineer, the Contractor shall arrange for adequate office or working Ilspace that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to th~ plant. GP-60-2 I ,I I I I I I' I \1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use ofthe Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property ofthe Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location ofthe Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permISSIon. All storage sites on private or airport property shall be restored to their original condition by the Contractor at hislher entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MA TERlALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site ofthe work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site 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. GP-60-3 II II II I I I I I I I I I I I I I I I I I I I After any owner-furnished materia has been delivered to the location specified, the Contractor shall be responsible for any demurrage,!tlarnage, loss, or other deficiencies which may occur during the Contractor's handling, storage, orJ~e of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials, END OF SECTION 60 II II II II II II II II II GP-60-4 I I I I I I I I I I I I I I I I I I I SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-0 1 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 ofthe work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all hislher officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. Ifthe Contractor observes that the drawings and specifications are at variance with any laws, codes, ordinances, and regulations, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work contrary to such laws, codes, ordinances, and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, 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 SURF ACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. Except as indicated on the plans or contract documents, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. GP-70-1 II II ~ I Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of I another government agency be autHbrized to construct, reconstruct, or maintain such utility service or I facility during the progress of th~ work, the Contractor shall cooperate with such owners by arranging and performing the ~~rk in this contract so as to facilitate such construction, reconstruction or maintenance by olhers whether or not such work by others is listed above. When ordered as extra work ~y the Engirlber, the Contractor shall make all necessary repairs to the work I which are due to such 'authorized ~ork by others, unless otherwise provided for in the contract, plans, or specifications. I It is Wlderstood and agreed that th~ Contractor shall not be entitled to make any claim for damages due to such authorized work by otllers or for any delay to the work resulting from such authorized I work. II 70-05 FEDERAL AND STATE AID PARTICIPATION. For AIP contracts, the United I States Government has agreed to r~~mburse the owner for some portion ofthe 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 States Government's (FAA's) agreement with the owner, the owner has I included provisions in this contract'bursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Acts of 1987 and 1990, I II and the Rules and Regulations of the FAA that pertain to the work. II As required by the Act, the contract:!work is subject to the inspection and approval of duly authorized I representatives ofthe Administrato~, FAA, and is further subject to those provisions ofthe rules and regulations that are cited in the corttract, plans, or specifications. No requirement of the Act, the ruJ and regulations implementing the Act, or this contract shall be I construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the righfls of either party to the contract. I The attention of the Contractor is al~o invited to the fact that the State in which this project is located II will pay a portion of the cost of this improvement. In accordance with said State's rules and I regulations, work will be subject t~ such inspection of the State, or its representative, as deemed ' necessary to protect the interests of the people of the State. The Contractor shall furnish the inspecting party with every reason:ble assistance to ascertain whether or not the requirements and I intent of the contract are being meN Such inspections will in no way infer that the State is party to the contract, except for those contr~cts wherein the State is a signatory. I II II 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her I employees as may be necessary toll comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, stai~, and local laws, rules and regulations concerning construction I safety and health standards. The C~ntractor shall not require any worker to work in surroundings or under conditions which are unsanilkry, hazardous, or dangerous to hislher health or safety. I GP-70-2 I I I I '" I I I I I I I I I I I I I I I I 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control hislher operations and those ofhislher 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 hislher own operations and those of hislher subcontractors and all suppliers in accordance with the sJbsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMIT A TION OF OPERA TrONS of Section 80 hereinafter. The Contractor shall provide initial and continuing instructions to all supervisors, employees, subcontractors, and suppliers to enable them to conduct their work in a manner that will provide the maximum safety with the least hindrance to air and ground traffic, the general public, airport employees, and to the workmen employed on the site. All safety provisions specified by the plans and documents or received from the Project Engineer, and those required by laws, codes and ordinances, shall be thoroughly disseminated and rigidly enforced. 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1F, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and hislher parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2C, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2C. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open- flame type lights shall not be permitted within the air operations areas of the airport. GP-70-3 II ! I 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution I of the work, the Contractor shall ex~rcise the utmost care not to endanger life or property, including II new ~ork. The Contractor shall beitt:sponsible for all damage resulting from the use of explosives. I All explosives shall be stored in a s~cure manner in compliance with all laws and ordinances, and all such storage places shall be clearly parked. Where no local laws or ordinances apply, storage shall I be provided satisfactory to the Engineer and, in general, not closer than 1 ,000 'feet from the work or II from any building, road, or other place of human occupancy, U I II The Contractor shall notify each p~operty 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 to1111enable them to take such steps as they may deem necessary to I protect their property from injury. , , The use of electrical blasting capJI shall not be permitted on or within 1,000 feet of the airport I II property. II " I II 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible fo~ the preservation of all public and private property, and shall protect carefully from disturbance~~r damage all land monuments and property markers until the I Engineer has witnessed or otherwise referenced their location and shall not move them until directed. II The Contractor shall be responsiblJI for all damage or injury to property of any character, during the I II prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work!1 or at any time due to defective work or materials, and said responsibility will not be released ~ntil the project shall have been completed and accepted. I When or where any direct or indire~t damage or injury is done to public or private property by or on . account of any act, omission, negle~t, or misconduct in the execution of the work, or in consequence of the nonexecution thereofby the <!rontractor, he shall restore, at his/her own expense, such property I to a condition similar or equal to th~t existing before such damage or injury was done, by repairing, or otherwise restoring as may be I!iirected, or he shall make good such damage or injury in an I II acceptable manner. II Work that is to remain in place which is damaged or defaced by reasons of work performed under I this contract, shall be restored at n~ additional cost to the Owner. II II Items removed, indicated to be sa\vaged for Owner or reused in new work, which are damaged I beyond repair, shall be replaced with equal new materials under this contract at no additional cost to ' the Owner. II It is recognized that the Owner wiil incur the costs for employees' salaries, engineering fees, and I otherwise in connection with the d~mage and inspection and repair of any such damage, caused by ~~;c~~~::~A~r~~,:st~~u=~;~t~:s~~::rfr~; i~~:U~~~:~~~~~~~eb~/=:~rt o~~~~::~e:~~h~~ I such expenses and loss of income a~e not measurable now and may not be reasonably ascertainable at h . If I t e tIme of any incident caused by the Contractor. The Owner and the Contractor hereby agree to the II assessment ofliquidated dan1ages in lieu of such expenses or other damages incurred by the Owner. I ~~ I II I I I I I I I I I I I I I I I I I I I In addition to the obligation ofthe Contractor to immediately repair any cables or facilities damaged by the Contractor, as set forth above, the sum of not greater than $l,OOO.OO per incident may be deducted from any money due the Contractor, or if no money is due the Contractor, the Owner shall have the right to recover said sum or sums from the Contractor, from the surety, or from both. The amount ofthese deductions is to cover liquidated damages to the sponsor incurred by additional and other expenses and damages arising from the incident or incidents caused by the Contractor, and such deductions are not considered as penalties. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnifY and save harmless the Engineer and the owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by yirtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions ofthe contract work for the beneficial occupancy 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 ofthe 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 ofthe work indicated on the drawing, such portion shall be accepted by the owner in accordance with the subsection titled P ARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion ofthe 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 ofthe portion of the work so opened or a waiver of any provision of the contract. Any damage to the GP-70-5 portion ofthe work so opened that IS not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at hiMlher expense. II II The Contractor shall make hislher!?wn 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 dte to opening a portion of the contract work. : II 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance ofthe entire completed work, excepting only those portions of the work accepted II in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care ther~pf and shall take every precaution against injury or damage to any part due to the action of the element.s or from any other cause, whether arising from the execution or from the nonexecution of the workll The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion!~f the work occasioned by any of the above causes before final acceptance and shall bear the experl'se thereof except damage to the work due to unforeseeable causes beyond the control of and witho& the fault or negligence of the Contractor, including but not restricted to acts of God such as J~rthquake, tidal wave, tornado, hurricane or other cataclysmic II phenomenon of nature, or acts of the public enemy or of government authorities. II If the work is suspended for any caJse whatever, the Contractor shall be responsible for the work and shall take such precautions necess~ to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect :pecessary temporary structures, signs, or other facilities at hislher 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 sod dings furnished It.mder hislher contract, and shall take adequate precautions to II protect new tree growth and other important vegetative growth against injury. II 70-15 CONTRACTOR'S RESPONSffiILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORA nON OF SURFACES DISTURBED BY OTHERS of this section, the C~mtractor 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 constru~t, reconstruct or maintain such utility services or facilities during the progress ofthe work. In additiQn, the Contractor shall control hislher operations to prevent the unscheduled interruption of such Jhlity services and facilities. II II 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 iAdicated on the plans. II It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to exi~ting utility services, facilities, or structures that may be shown on the plans or encountered in the w~rk. Any inaccuracy or omission in such information shall not relieve the Contractor of hislher rltsponsibility to protect such existing features from damage or unscheduled interruption of service. II II Prior to commencing the work in the general vicinity of an existing utility service or facility, the . II Contractor shall notify each ownerllofhislher plan of operation. If, in the Contractor's opinion, the II GP-70-6 II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction ofthe 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 representatiyes, or any officials of the owner either personally or as an official ofthe owner. It is understood that in such matters they act solely as agents and representatives ofthe owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance.. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion ofthe work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the . contract. A waiver on the part ofthe owner of any breach of any part ofthe contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms ofthe contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. GP-70-7 II II II II 70-19 ENVlRONMENT AL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulati~ns controlling pollution of the enyironment. He shall take necessary precautions to prevent p8llution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harrilful materials and to prevent pollution of the atmosphere from particulate and gaseou~ matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the Jost restrictive applicable ones shall apply. II The Contractor shall pay special lttention to the polluti~n control requirements of the several specifications. Work items which t'hay cause excessive pollution and shall be closely controlled by the Contractor are: II II Clearing, Jbbing, burning or other disposal. II Stripping, excavation, and embankment. II Drainage an~ ditching. Aggregate pldUCtiOn, handling and placing. C . l" II h b'l" ement, Ime, or at er sta 1 lzatlOn. II Concrete and bituminous materials handling, production, and paving. II Seeding, fertilizing, mulching and use of herbicides or insecticides. II II Contractor'sllown housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling; servicing and cleaning; job clean up and disposal. II When the contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he I~hall also submit for acceptance of the project engineer, his schedules for accomplishment oftJbporary and permanent erosion control work, as are applicable for clearing, grading, structures at J!atercourses, construction, and paving, and his proposed method of erosion control on haul roads aria borrow pits and his plan for disposal of waste materials. No work shall be started until the erJ1sion control schedules and methods of operations have been accepted by the Engineer. II II a b c d e f g h The following listed stipulations sh~ll apply to this contract unless more restrictive ones are specified by the plans, special provisions, laws, codes, ordinances, etc. Cost of pollution control shall be II incidental to the appropriate work items unless otherwise specified. II a Control of Water Pollution and Siltation. II 1 All work of water pollution and siltation control is subject to insp~ction by the local and/or state governmental enforcing agent. II II GP-70-8 II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2 All applicable regulations of fish and wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the contract. ;3 Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area of erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at anyone time, for this contract, shall be subject to approval ofthe Engineer and the duration of such exposure prior to final trimming and finishing ofthe areas shall be held to the minimum practical. The Engineer shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. 4 Materials used for permanent erosion control measures shall meet the requirements of the applicable specifications. Gravel or stone, consisting of durable particles of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. 5 Where called for on the plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. 6 The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. 7 The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. 8 Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. 9 All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. GP-70-9 II II I I I I I I I I I I I I I I I I I I I b 10 The ~ontractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are requiPed and for the permanent erosion control measures until the contr~ct has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. II 11 permlnent and temporary erosion control work that is damaged due to th~:Contractor's operations or where the work required is attributed to th~ Contractor's negligence, carelessness, or failure to install perm~nent controls at the proper time, shall be repaired at the II Cont:~flctor's expense. II Open Burnin'k of Combustible Wastes. c II The &ontractor shall obtain a burning permit from local authorities, wherM applicable, prior to any burning. II II All b~rning shall conform to the conditions ofthe permit, except that the c~nditions herein shall apply if they are more restrictive. No d~s, oils (except atomized fuels applied by approved equipment), II asphalt, paint, or coated metals shall be permitted in combustible wastd1piles. II Burning will not be permitted within 1,000 feet of a residential or built-tp area nor within 100 feet of any standing timber or flammable II growth unless otherwise specified. II II Burning shall not be permitted unless the prevailing wind is away from I~ nearby town or built-up area. Burning shall not be permitted during a local air inversion or other II climatic condition as would result in a pall of smoke over a nearby II town;pr built-up area. II Burning shall not be permitted when the danger of brush or forest fires is made known by Federal, State, or local officials. II The size and number offires shall be restricted to avoid the danger of brusH10r forest fires. Burning shall be done under surveillance of a waic~an who shall have fire-fighting equipment and tools readily avail~ble. II JI Control of Other Air Pollutants II Minilhum possible areas of open grading, borrow or aggregate excavhtion shall be exposed at one time, consistent with the progress II of th11 work. II II II II 1 2 3 4 5 6 7 8 1 GP-70-10 I I I I I I I I I I I I I I I I I I I 2 Grading areas shall be kept at proper moisture conditions. 3 Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. 4 Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. 5 Aggregate bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air, 6 Drilling, grinding, and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems except where otherwise permitted by the Engineer in writing. 7 Applications of chemicals and bitumens shall be held to recommended rates. 8 Bituminous mixing plants shall be equipped with dust collectors as noted in the specifications. 9 Quarrying, batching, and mixing operations and the transfer of materials between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. lO When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction ofthe Project Engineer. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. . Should the Contractor encounter, during his/her operations, any building, part ofa 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 GP-70-11 I I I I I I I I I I I I I I I I I I I SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any Subcontractor on the work. The Coritractor 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 receiye and execute orders ofthe Engineer. Should the Contractor elect to assign hislher contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval ofthe owner, and shall be consummated only on the written approval ofthe Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The Notice to Proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written Notice to Proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance ofthe time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless othelWise specified, the Contractor shall submit hislher progress schedule for the Engineer's approval within 10 days after the effective date of the Notice to Proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion ofthe project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify hislher operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution ofthe work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control hislher operations and the operations of hislher subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct hislher operations within an AIR OPERATIONS AREA ofthe airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERA nONS AREA until so authorized by the Engineer and until the necessary temporary GP-80-1 II II II marking and associated lighting is ,in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. Whenthe contract work requires thJcontractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (inteQuittent opening and closing ofthe AIR OPERATIONS AREA), the Contractor shall maintain constalh communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPE~ nONS 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 Ilfor suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. II 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. II All workers shall have sufficient ski!! 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 rJ~uired to perform the work satisfactorily. II Any person employed by the ContrJbtor or by a subcontractor who, in the opinion of the Engineer, does not perform his work in a propJ~ and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be r~moved forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion ofthe work without the approval ofthe Engineer. II II Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecutio~ of the work, the Engineer may suspend the work by written notice until compliance with such o~ders. II All equipment which is proposed t~ be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements ofthe work and to produce a satisfactory quality of work. Equipment used on any pdhion of the work shall be such that no injury to previously II completed work, adjacent property,!"' 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 Co~tractor 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 ~f certain methods and equipment, such methods and equipment shall be used unless others are autho~zed 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 Jhting and shall include a full description of the methods and equipment proposed and of the reas~ns for desiring to make the change. If approval is given, it will be on the condition that the Contrad~or will be fully responsible for producing work in conformity with contract requirements. If, after~tnal use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall ii GP-80-2 II II II I I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis ofpayment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. The failure to provide adequate labor and equipment may be considered cause for terminating the contract. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date ofthe Engineer's order to suspend work to the effective date ofthe Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage ofthe work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINA nON AND EXTENSION OF CONTRACT TIME. The number of calendar days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the Notice to Proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effectiye dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. GP-80-3 I At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contr~ct time shall not consider either cost of work or the extension of contract time that has been covered by a Change Order or supplemental agreement. Charges against the contract time will cease as of th~ date of final acceptance, II Ifthe Contractor finds it impossible::ror reasons beyond hislher control to complete the work within the contract time as specified, or as ~~tended in accordance with the provisions of this subsection, he may, at any time prior to the expira~ion of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting ofhislher request. The Co~tractor's plea that insufficient time was specified is not a valid reason for extension of time. If the ~ngineer finds that the work was delayed because of conditions beyond the control and without the fault ofthe Contractor, he may extend the time for completion in II 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. II II 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day that any work remains uncompleted after the contract tim~ (including all extensions and adjustments as proyided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME ofthis Section), liquidated damages will be deducted from any money due or to become due the Contractor or hislher surety, in the amount specified in th~ Supplementary Conditions. Such deducted sums shall not be deducted as a penalty but shall be c~nsidered as liquidation of a _ reasonable portion of damages that will be incurred by the owner should the Contractor fail to II complete the work in the time provided in hislher contract. Permitting the Contractor to continJ~ and finish the work or any part of it after the time fixed for its completion, or after the date to whi~h the time for completion may have been extended, will in no way operate as a wavier on the part;pf the owner of any of its rights under the contract. II II 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his /her cont~act .and such default will be considered as cause for the owner to terminate the contract for any of thJI following reasons if the Contractor: II a II Fails to begin the work under the contract within the time specified in the "Notice to Pibceed," or II II Fails to perform the work or fails to provide sufficient workers, equipment or materials to ~ssure completion of work in accordance with the terms of the contract, or :: b c Performs theirork unsuitably or neglects or refuses to remove materials or to perform anew such work as maybe rejected as unacceptable and unsuitable, or II II II ii GP-80-4 II II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d Discontinues the prosecution of the work, or e Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g Allows any final judgment to stand against him unsatisfied for a period of 1 0 days, or h Makes an assignment for the benefit of creditors, or 1 For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default ofthe contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer ofthe facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands 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 proyisions 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 EMERGENClES. The owner shall terminate the contract or portion thereofby written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise GP-80-5 II II included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable s~tt1ement will be made with the Contractor. Acceptable materials, obtained oJI 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. II ' Termination of the contract or a ~ortion thereof shall neither relieve the Contractor of hislher responsibilities for the completed ~ork nor shall it relieve his/her surety of its obligation for and . . l' .. II fh k c. d concernmg any Just c aIm ansmg out 0 t e wor perlorme . II II . d The Engineer and the Owner shall be glVen full access to all books, cost records, correspondence an papers of the Contractor relating to the contract in order to determine amounts to be paid the Contractor due to any termination Jf the contract. II II END OF SECTION 80 II GP-80-6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 90 MEASUREMENT AND PAYMENT 90-0 I MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engi:qeer, or hislher authorized representatives, using United States Customary Units of Measurement.' The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures ( or leave-outs) having an area of 9 square feet or less, Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The Contractor shall retain surveyor(s) accompanied and supervised by registered land surveyor( s) in the State where the project is located to provide cross-sectional data to the Engineer to assist him in checking and computation of earthwork quantities. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of2,000 pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. GP-90-1 II II Materials to be measured by volumd1in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of d~~livery. 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 II 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. . II II When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be ~eighed, and such weights will be converted to cubic yards for h 'll payment purposes. Factors for conversion from weight measurement to volume measurement WI be II determined by the Engineer and shall be agreed to by the Contractor before such method of f ... II d measurement 0 pay quantItIes IS u~p . Bituminous materials will be meaJhred by the gallon or ton. When measured by volume, such volumes will be measured at 60 de!-ees F or will be corrected to the volume at 60 degrees Fusing ASTM D 4311 for asphalts or ASTM D 633 for tars. II Net certified scale weights or weights based on certified volumes in the case of rail shipments will be II used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, ol~otherwise not inco'rporated in the work. II II When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foafuing, may be used for computing quantities. 'II Cement will be measured by the to~ or hundredweight. Timber will be measured by the thojsand 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. II The term "lump sum" when used asian item of payment will mean complete payment for the work described in the contract. II When a complete structure or structlral unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be consbed to include all necessary fittings and accessories. . Rental of equipment will be meastred by time in hours of actual working time and necessary traveling time of the equipment wit.hin the limits of the work. Special equipment ordered by the Engineer in connection with force <lpcount 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 F@RCE ACCOUNT WORK of this section. II II When standard manufactured itemM are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are i~entified by gage, unit weight, section dimensions, etc., such identification will be considered tdl be nominal weights or dimensions. Unless more stringently II controlled by tolerances in cited ~ispecifications, manufacturing tolerances established by the industries involved will be accepted. II GP-90-2 II II II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation ofthe inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity ofthe scale, but not less than 1 pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighing-accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion ofthe work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WANER OF LEGAL RIGHTS of Section 70. GP-90-3 II II II When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation fo' certain work or material essential to the item, this same work or material will not also be measuredllror payment under any other contract item which may appear elsewhere in the contract, plans, or ~pecifications. , ~ 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the Iproposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payrr{~nt at the original contract price for the accepted quantities of work actually completed and accept~d. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND :PUANTITIES 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 arl\ong the contract items, or from any other cause. II II 90-04 PAYMENT FOR @MITTED 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 itemll except major contract items, in the best interest of the owner. II II Should the Engineer omit or order Jonperformance of a contract item or portion of such item from the work, the Contractor shall accdbt 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. II Acceptable materials ordered by t~~ 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 II property of the owner. II In addition to the reimbursement h~reinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date ofthe Engineer's order. Such additional ~osts incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. ii 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 II the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When dIe change order or supplemental agreement authorizing the extra work requires that it be done by forJb account, such force account shall be measured and paid for as follows: II II a Labor. For all labor (skilled and unskilled) and foremen in direct charge of a specific force account item, the Contractor shall receive the rate of wage (or scale) for ev~ry hour that such labor or foreman is actually engaged in the specified force account work. Such wage ( or scale) shall be agreed upon in writing befo~~ the beginning of the work. " II GP-90-4 II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The Contractor shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits, when such amounts are required by collectiye bargaining agreement or other employment contract generally applicable to the classes oflabor employed on the work. An amount equal to 15 percent of the sum of the above items will also be paid to the Contractor. b Insurance and Taxes. For property damage, liability, and workmen's compensation insurance premiums, unemployment insurance contributions, and social security taxes on the force account work the Contractor shall receive the actual cost, to which cost (sum) 5 percent will be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such insurance and taxes. c Materials. For materials accepted by the Engineer and then used, the Contractor shall receive the actual cost of such materials delivered on the work, including transportation charges paid by him (exclusive of machinery rentals as hereinafter set forth), to which cost (sum) 15 percent will be added. d Equipment. For any machinery or special equipment (other than small tools) including fuel and lubricants, plus transportation costs, the use of which has been authorized by the Engineer, the Contractor shall receive the rental rates agreed upon in writing before such work is begun for the actual time that such equipment is committed to the work, to which rental sum 15 percent will be added. e Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. f Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. g Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 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. GP-90-5 3 Quantities of materials, prices, and extensions. II T II . f . 1 ransportatlOn 0 matena s. 4 5 Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and sociai security tax. II II Statements shall be accompanied and supported by a receipted invoice for all materials usda and transportation charges. However, if materials used on the force accoun~ work are not specifically purchased for such work but are taken from the Co~tractorls stock, then in lieu ofthe invoices the Contractor shall " , furnish an affidavit certifying that such materials were taken from hislher stock, that t~e quantity claimed was actually used, and that the price and transportatio~ claimed represent the actual cost to the Contractor. The additiolL payment, based on the percentages specified above, shall II constitute full compensation for all items of expense not specifically provided for the force ~ccount work. The total payment made as provided above shall II constitute full compensation for such work. 90-06 PARTIAL P A YME!rS. Partial payments will be made at least once each month as the work progresses. Said paymentk will be based upon estimates prepared by the Engineer of the value ofthe work performed and mJ~erials complete in place in accordance with the contract, plans, and specifications. Such partial d~yments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MA TERlALS ON HAND of this sMction. II II No partial payment will be made :~hen the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount detej~ned to be payable on a partial payment, 10 percent of such total amount will be deducted and retain~f:l by the owner until the final payment is made. The balance (90 percent) ofthe amount payable, less all previous payments, shall be certified for payment. II 'I When not less than 95 percent obi the work has been completed the Engineer may, at his/her discretion and with the consent of ~he surety, prepare an estimate from which will be retained an amount not less than twice the con!~act value or estimated cost, whichever is greater, ofthe work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contra~tor. It is understood and agreed that thJ Contractor shall not be entitled to demand or receive partial payment based on quantities of wJ~k in excess of those provided in the proposal or covered by approved change orders or supplem~ntal agreements, except when such excess quantities have been determined by the Engineer to be a'bart of the final quantity for the item of work in question. II II II II GP~90-6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 requirement." ofthe contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled, if requested. e The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his /her responsibility for furnishing and placing such materials in accordance with the requirements ofthe contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. 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 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his /her objections to the final estimate which are based on disputes in measurements or computations of the final GP-90-7 II END OF SECTION 90 II II II II II II II II II II II II II II II II II II II II II II II GP-90-8 II II II II II I I I I I I I PART I. I PART II. I PART III. I PART IV. PARTV. I I I I I I I I I 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 CFRPART 26 DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM GP-120-1 II II II PART Ie REQUIREMENTS TO BE INCLUDED IN SOLICITATION FOR BIDS II II II A. Notice of Requirement forllAffirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246. as Amended). II (1) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Fed~ral Equal Employment Opportunity Construction Contract Specifications" set forth herein. II (2) The goals and tinietables for minority and female participation, expressed in percentage terms f6r the Contractor's aggregate work force in each trade on all construction work i~ the covered area are as follows: ~ . Timetables Goals for Minority Goals for Female Part\pipation Participation for Each Trade in Each Trade II II 33% 6.9% I. These goals are applicable to all t~L contractor's construction work (whether or not it is Federal or Federally assisted) performed in th~ covered area. If the Contractor performs construction work in a geographical area located outside ~f the covered area, it shall apply the goals established for such geographical area where the worR' is actually performed. With regard to this second area, the Contractor also is subjected to the ~oals for both its Federally involved and nonfederally involved construction. II II 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 specifi~ations 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 ofthe contrJbt, 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 frOIrll contractor to contractor or from project to project, for the sole purpose of meeting the Contractor'~ goals, shall be a violation ofthe 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. II II II (3) The Contractor shall provide written notification to the Director, OFCCP, within 10 working days ofa"'~rd of any construction subcontract in excess of$10,000 at any tier of constructionllwork under the contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number ofthe subcontractor; estimated dollar amount ofthe subcontracts; estim~ted starting and completion dates of the subcontract; and the geographical area i~ which the subcontract is to be performed. II (4) As used in this notiq~ and in the contract resulting from this solicitation, the "covered area" is Richmond County, Georgia. GP-120-2 I I I I I I I I I I I I I I I III I I I I I I I I I I I I I I I I I I I I I 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 oftheEqual 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 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) CERTIFICATION OF NONSEGREGATED FACILITIES The Federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this GP-120-3 II II certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and otheJi eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinkiJg fountains, recreation or entertainment areas, transportation and II housing facilities provided for emp,loyees which are segregated by explicit directives or are, in fact, segr~gated on the basis of race, col~r, 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 tr'bm proposed subcontractors for specific time periods) he will obtain identical certifications fro~ proposed subcontractors prior to the 'award of subcontracts exceeding $10,000 which are not e~empt from the provisions ofthe Equal Opportunity Clause and that he will retain such certificatioAs in his files. II II CERTIFICATIONS OF NONSEGREGATED FACILITIES BY SPONSORS OF FEDERAL ASSISTANCE WHO ARE THEMSELVES PERFORMING CONSTRUCTION CONTRACTS II The Sponsor certifies that it does nAt 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 emR'loyees any segregated facilities at any of its establishments and that it will not permit its employee~~ 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 Opportunit~ Clause in this contract. As used in this certification, the term "segregated facilities" means any ~aiting rooms, work areas, restrooms and washrooms, restaurants and other eating area, timec1ocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or eJ~ertainment areas, transportation, and housing facilities provided for employees which are segregat~a by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national ori~in because of habit, local customs, or any otherreason. It further agrees that it will obtain identicalllcertifications from proposed 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 certi'fications in its files; and that it will forward the following notice II to such proposed contractors: II II NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF II NONSEGREGATED FACILITIES II II 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 ofthe Equal Opportunity Clause. NOTE: The penalty for nl~king false statements in offers is prescribed in 18 U.S.C. 1001. II PART II. 1M' AGE AND LABOR PROVISIONS II II 1. Each Sponsor entering int9ia 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 ~hese provisions in each construction subcontract. a. Minimum Wages. !t GP-120-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (1) (2) 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) ofthe Davis-Bacon Act on behalf oflaborers 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 (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. (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 been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; ando GP-120-S (3) (4) (ii) (iii) (iv) II II I I I I I I I I I I I I I I I I I I I (C) II II If th~ Contractor and the laborers and mechanics to be employed in the !lassification (if known), or their representatives, and the contPacting officer agree pn the classification and wage rate (incl~ding the amount designated for fringe benefits where II appropriate), a report of the action taken shall be sent by the cont:acting officer to the Administrator of the Wage and Hour DiviMion, Employment Standards Administration, u.s. Department of II Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional II classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day ~eriod that additional time is necessary. (Approved by the Office !I of Management and Budget under OMB control number 1215-0140). In th! event the Contractor, the laborers or mechanics to be employed in th~ classification or their representatives and the contracting officer do n~t agree on the proposed classification and wage rate (including the Jlnount designated for fringe benefits where appropriate), the conn'hcting officer shall refer the questions, including the views of all inter*sted parties and the recommendation ofthe contracting officer, to the Administrator. The Administrator, or an authorized repr~~entative will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer II within the 30-day period that additional time is necessary. (Approved II by the Office of Management and Budget under OMB control II number 1215-0140). The IIwage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) ofthis paragraph, shallllbe paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. II The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Whenever tli6 minimum wage rate prescribed in the contract for a class of laborers or ~echanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determinatio~ or shall pay another bona fide fringe benefit or an hourly cash equivalent th1ereof. II II If the Contractor does not make payments to a trustee or other third person, the Contract8r may consider as part of the wages of any laborer or mechanic GP-120-6 I I I I I I I I I I I I I I I I I I I b. 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 .0fManagement and Budget under OMB control number 1215-0140). 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 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 ofthe 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). GP-120-7 II II II I II I' (2) (i) The Contractor shall submit weekly for each week in which any I contract work is performed a copy of all payrolls to the applicant, Spo~sor, or Owner, as the case may be, for transmission to the I F ed~ral Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maiAtained under paragraph c.(1) above. This information may be I II submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from' the Superintendent of II I Doc,}lments (Federal Stock Number 029-005-00014-1), U.S. Go~emment Printing Office, Washington, D.C. 20402. The prime contbctor is responsible for the submission of copies of payrolls by I II all subcontractors. (Approved by the Office of Management and .. Budget under OMB control number 1215-0149). II II I (ii) Each payroll submitted shall be accompanied by a "Statement of Corilpliance," signed by the Contractor or subcontractor or his or her II " agent who pays or supervises the payment of the persons employed I und~r the contract and shall certify the following: (A) That the payroll for the payroll period contains the I 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, I apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, I 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 I forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the I applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the I applicable wage determination incorporated into the contract. (iii) Thel~eekly submission of a properly executed certification set forth I on *e reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" reqJired by paragraph c.(2)(ii) of this section. I II II (iv) Thellfalsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under I II Section 1001 of Title 18 and Section 231 of Title 31 of the United II States Code. II II I 11 GP-120-8 II II I II II II II I I I I I I I I I I I I I I I I I I I (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 offunds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a proj ect in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, GP-120-9 II II e. II II apprentices Lust be paid the full amount of fringe benefits listed on the wage determinatiJh for the applicable classification. If the Administrator II determines that a different practice prevails for the applicable apprentice classificatioA, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State II Apprenticeship Agency recognized by the Bureau, withdraws approval of an : apprenticesli~p program, the ContraGtor will no longer be permitted to utilized apprentices I~t less than the applicable predetermined rate for the work performed u~til an acceptable program is approved. Trainees. E~cePt as provided in 29 CFR 5.16, trainees will not be permitted to work at l~ss than the predetermined rate for the work performed unless II ' they are emnJoyed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department1bfLabor, Employment and Training Administration. The ratio of trainees t~ journeymen on the job site shall not be greater than permitted under the pl~n approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program fo~: trainee's level of progress, expressed as a percentage of the journeymanllhourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee proghm.If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determinatidh unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the correspondiRg journeyman wage rate on the wage determination which provides fO~lless 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 pl'im approved by the Employment and Training Administration shall be paid!hot less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing {.York on the job site in excess of the ratio permitted under the registered ptbgram shall be paid not less than the applicable wage rate on the wage detenAination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, thel Contractor will no longer be permitted to utilize trainees at less than the ap~licable predetermined rate for the work performed until an acceptable ~rogram is approved. II Equal Empl~Yment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity:tequirements of Executive Order 11246, as amended, and 29 CFR Part 30. II Compliance With Co?eland Act Requirements. The Contractor shall comply with the requirements of. 29 CFR Part 3, which are incorporated by reference in this contract. I I I. I 'I t I I I I I I I I I I I I I (2) (3) II ii II GP-120-10 II " I I I I 'I I I, I I I I I I I I I I' I I f. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. ofthis 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. throughj. ofthis 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 ofthe Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference in this contract. 1. Disputes concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause ofthis 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 ofthis contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue section 3( a) ofthe Davis-Bacon Act or 29 CFR 5.12(a)(1). (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 GP-120-11 than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in snch iOrkweek, whichever is greater. Violation: Liability for Un?aid Wages: Liquidated Damages. In the event of any violation of the cla~se set forth in paragraph a. above, the Contractor or any subcontractor n~spon~ible therefor shall be liable for the unpaid wages. In addition, . II 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))1 for liquidated damages. Such liquidated damages shall be computed with respe~t to each individual laborer or mechanic, including watchmen II and guards, employed in violation ofthe clause set forth in paragraph a. above, in the sum of$1 0 for each c~lendar day on which such individual was required or permitted to work in excess of~e standard workweek of forty hours without payment of the I. overtime wages required by the clause set forth in paragraph a. above. Withholding for unJaid Wages and Liquidated Damages. The Federal Aviation Administration or thdlSponsor shall upon its own action or upon written request of an authorized represent~tive of the Department of Labor withhold or cause to be withheld, from any rrlbnies payable on account of work performed by the Contractor or subcontractor undA any such contract or any other Federal contract with the same prime contractor, or Ihny other federally-assisted contract subject to the Contract Work Hours and SafJ~y Standards Act, which is held by the same prime Contractor, such sums as may b~ 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. II Subcontracts. The d~ntractor or subcontractor shall insert in any subcontracts the clauses set forth in IIparagraphs a. through d. and also a clause requiring the subcontractor to inclu{le these clauses in any lower tier subcontracts. The prime shall be responsible for coJhpliance by any subcontractor or lower tier subcontractor with the clauses set forth i~ paragraphs a. through d. II II Working ConditionsJI No Contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or I' under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determinedjpnder construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. II II II 3. In addition to the provisions in 1 and 2 above for contracts in excess of$2,000, the following is to be included in all contracts for ~ork on airport development projects involving labor: II II b. c. d. e. II Veteran's Preference. In the em~loyment of labor (except in executive, administrative and I' supervisory positions), preference shall be given to veterans of the Vietnam era and disabled II veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the erJployment relates. GP-120-12 I I' I I I I ,I I I I ,I I i I I I /1 I I I I I I I I I I' I I I I I I I I I I I PART III. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS The Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended) are to be included in all Federally assisted construction contracts or subcontracts (including the Solicitations for Bids) in excess of$l 0,000 to be performed in geographical areas designated by the Director, OFCCP., (41 CPR 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 ofthe 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$l 0,000 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-120-13 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 associati~n, 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 P.~rticipating in the plan. Contractors must be able to demonstrate their participation il'1 and compliance with the provisions of any such Hometown II Plan. Each Contractor or subcontractor participating in .an approved plan is individually requir~~ 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 I' has employees. The overall good faith performance by other contractors or subcontractors tow~rd 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 timetable~. II , The contractor shallllimPlement the specific affirmative action standards provided in paragraphs 7.a thr~ugh p. of these specifications. The goals set forth in the 'I solicitation from wqich this contract resulted are expressed as percentages ofthe 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 II employees in the ;~overed area. Covered construction contracts performing construction work in a geographical area where they do not have a Federal or federally assisted c~nstruction contract shall apply the minority and female goals established for the gbographical area where the work is being performed. Goals are published periodical1y in the Federal Register in notice form, and such notices may be obtained from ai\.y Office of Federal Contract Compliance Programs office or from Federal procur~ment contracting officers. The Contractor is expected to make substantially unifoqp progress in meeting its goals in each craft during the period specified. I I I I I I I 'I I I 'I I I I I I I I I 4. 5. II Neither the provisions of any collective bargaining agreement nor the failure by a union with whom tlle Contractor has a collective bargaining agreement to refer either minorities or wotAen shall excuse the contractor's obligations under these specifications, Exedhtive Order 11246, as amended, or the regulations promulgated pursuant thereto. II II In order for the nontorking training hours of apprentices and trainees to be counted in meeting the golls, such apprentices and trainees must be employed by the Contractor during Ithe training period and the Contractor must have made a commitment to em'~loy the apprentices and trainees at the completion of their training, subject to ~re availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 6. 7. The Contractor shan take specific affirmative actions to ensure EEO. The evaluation of the contractor's c~mpliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these II II II GP-120-14 II " I I I I I I I t I I I I i I i I I i' I efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. ,The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and cany 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, ifreferred, 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 GP-120-15 J. k. m. II II I I I I I~ r I f I I I I I I i .' I ,I I I g. all management personnel and with all minority and female employees at least once a Iyear; and by posting the. company EEO policy on bulletin boards accessible (9 all employees at each location where construction work is performed. II Review, at least annually, the company's EEO policy and affirmative action :obligations Ilunder these specificat,ions with all employees having any responsibility for hiring, assignment, layoff, termination, or other employmen~ decisions including specific review of these items with onsite supervisory'bersonnel such as supetintendents, general foremen, etc., prior to the initiatioil of construction work at any job site. A written record shall be made and ~aintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. II DisseminatJ the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news mediM, and providing written notification to and discussing the Contractor'~: EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. II II Direct its re~ruitment efforts, both oral and written, to minority, female, and community ~rganizations; to schools with minority and female students; and to minority Ihnd female recruitment and training organizations serving the Contractor'sl: recruitment area and employment needs. Not later than one month prior:~o the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification :~o organizations, such as the above, describing the openings, screening p~pcedures, and tests to be used in the selection process. II Ell .. dfi I 1 . h . . ncourage p.resent mmonty an ema e emp oyees to recruit ot er mmonty persons andllwomen and, where reasonable, provide after school, summer, and vacatioJ employment to minority and female youth both on the site and in other areJ~ of a contractor's workforce. II II Validate alii tests and other selection requirements where there is an obligation t~ do so under 41 CFR Part 60-3. II Conduct, at!! least annually, an inventory and evaluation, at least of all II minority anq. female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. II E h II " .. b I 'fi' k' d nsure t at semonty practIces, JO c aSSl lcatlOns, wor aSSIgnments, an I' other persorlhel practices do not have a discriminatory effect by continually h. 1. 1. GP-120-16 I I I I I I I I I I I I I .1 I I I I I 8. 9. monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7.a through p.). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under 7.a through p. of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf ofthe contractor. The obligation to comply, however, is the Contractor's; and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 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 vio lation ofthe 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 ongm. GP-120-l7 II II The Contractor shall. not enter into any subcontract with any person or firm debarred from Government c&ntracts pursuant to Executive Order 11246, as amended. II II The Contractor shall carry out such sanctions and penalties for violation of these specifications and Ilof the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executi~e Order 11246, as amended, and its implementing regulations, by the OFCCP. An~ contractor who fails to carry out such sanctions and penalties shall be in violation ~fthese specifications and Executive Order 11246, as amended. I. II The Contractor, iril fulfilling its obligations under these specifications, shall implement specific lffirmative action steps, at least as extensive as those standards prescribed in paragr~ph 7. of these specifications, so as to achieve maximum results from its efforts to eAsure equal employment opportunity. If the Contractor fails to comply with the req!irements ofthe executive order, the implementing regulations, or thesespecificatio~s, the Director shall proceed in accordance with 41 CFR 60-4.8. The Contractor ShJI designate a responsible official to monitor all employment related activity to ed~ure that the company EEO policy is being carried out, to submit I. reports relating to the provisions hereof as may be required by the Government, and to keep records. ReJords shall at least include for each employee, the name, address, telephone numbedl construction trade, union affiliation if any, employee identification numb~r when assigned, social security number, race, sex, status (e.g., mechanic, apprentidb, trainee, helper, or laborer), dates of changes in status, hours worked per week in I~he indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. II Nothing herein pro~ided 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 'lhe hiring of local or other area residents (e.g., those under the Public Works Emp~pyment Act of 1977 and the Community Development Block Grant Program). II II Conthctor Contractual Requirements II During the performance of this coJtract, the Contractor, for itself, its assignees and successors in I' interest (hereinafter referred to as the "contractor") agrees as follows: I' 11. , 12. 13. 14. 15. I' II II II 1. Compliance with R~gulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (her~inafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the I' II 11 II II II GP-120-18 II II ,I I I I , I I' I I I I I I I , I I I J I I I I I I I I I I I I j I I I I I I Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor, shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national ongm. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources ofinformation, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event ofthe 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. 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, GP-120-19 II II II 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 Sp~nsor 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 prAtect the interests of the United States. II EQUAL EMPLOYMENT OPPORTUNITY CLAUSE II II Include in all c~nstruction contracts in excess of$10,000. II During the performance of this contract, the Contractor agrees as follows: II II II 1. The Contractor will not discriminate against any employee or applicant for employment becaus~ of race, color, religion, sex, or national origin. The Contractor will take affirmati~e action to ensure that applicants are employed, and that II 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: Emplo~ent, upgrading, demotion, or transfer; recruitment or recruitment compensation; and I~election of transfer; recruitment or recruitment advertising; layoff or terminatioJ; rates of payor other forms of compensation; and selection for training, including Hpprenticeship. The Contractor agrees to post in conspicuous places, available to ~'mployees and applicants for employment, notices to be provided setting forth the protisions of this nondiscrimination clause. II 2. The Contractor willJ!in all solicitations or advertisements for employees placed by or II on behalf of the Contractor, state that all qualified applicants will receive considerations for e~ployment without regard to race, color, religion, sex or national ongm. II II 3. The Contractor will ~end to each labor union or representative of workers with which he has a collective b~rgaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commil'ments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. II II 4. The Contractor will comply with all provisions of Executive Order 11246 of II September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. II II 5. The Contractor will furnish all information and reports required by Executive Order 11246 ofSePtembe~~4, 1965, and by rules, regulations and orders ofthe Secretary of Labor, or pursuant tHereto, and will permit access to his books, records, and accounts by the administerindlagency and the Secretary of Labor for purposes ofinvestigation to ascertain compliapce with such rules, regulations, and orders. II GP-120-20 I I I I I I I' I ,J I I I ,j I , I I I I I I I I I I I I I I I I I I I I; I I I 6. In the event ofthe Contractor's noncompliance with the nondiscrimination clauses of this contract or with any ofthe said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 19651 or by rule, regulation, or order ofthe Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of paragraphs 1. through 7. in every subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions; including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Notices to be Posted. The "Equal Employment Opportunity is the Law poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the preconstruction conference. Required Reports. (1) Monthly Employment Utilization Report. This report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this report, including the address ofthe OFCCP Area Office, at the preconstruction conference. (2) Annual EEO-l 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-l). 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 obtained from the Joint Reporting Committee, 1800 G. Street, N.W., Washington, GP-120-21 II II II D.C. 20506. This report is required if a Contractor or subcontractor meets all ofthe following conditions~ II II ( a) N onexemlJt. ,~ontractors/subcontractors are not exempt based on 41 CFR 60- 1.5; and II II. (b) Number of e}hplovees. Has 50 or more employees; and II (c) Contractor/subcontractor. Is a prime contractor or first tier subcontractor; and II II (d) Dollar LeveVI There is a contract, subcontract, or purchase order amounting to $50,000 o~ 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 wor~ at the site are required to file ifthey meet the requirements of 41 CFR 60-l~7. II ( e) Records. ThJ FAA or Department of Labor OFCCP may require a contractor to keep empl~yment or other records and to furnish, in the form requested within reasori~ble limits, such information as necessary. II II II II PART IV. MISCELLANEOUS CONTRACT PROVISIONS II A. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Projectll No. 3-13-0011-25&26 which is being undertaken and accomplished by the AU2:usta Aviation Commission in accordance with the terms and conditions of a grant agreement between the Al'Igusta -Richmond County. Georgia and the United States, under the Airport and Airway imp~ovement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pJsuant to which the United States has agreed to pay a certain percentage ofthe costs ofthe projec~!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, make's the United States a party to this contract. II B. Consent to Assignment. Th~ Contractor shall obtain the prior written consent ofthe Owner to any proposed assignment of any interest in or part of this contract. C. Veterans Preference. In the ~mPIOyment of labor (except in executive, administrative, and supervisory positions), the Contrac:tor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Sect!on 5l5( c)(1) and (2) of the Airport and Airway Improvement Act of 1982. II II D. FAA Inspection and Review;: The Contractor shall allow any authorized representative ofthe FAA to inspect and review any work or materials used in the performance of this contract. GP-120-22 I I I I II I I I I I I I I I 'I ,I I I I I I I I I I I I I I I I I I I I I I I E. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A., C.. and D., ofthis 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 Exceeding $100.000. Contractors agree: (1) That any facility to be used in the performance ofthe contract or to benefit from the contract is not listed on the Environmental Protection Agency (EP A) List of Violating Facilities. (2) To comply with all the requirements of Section 114 ofthe Clean Air Act and Section 308 ofthe 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 EP A indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EP A 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 26. 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 26 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 26 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 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 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. GP-120-23 On October 21, DOT published n the Federal Register an amendment to 49 CFR Part 26, Participation by Disadvantage Busi!ess Enterprise in Department of Transportation Programs. Only one change will affect the airport gdnt program. Effective October 21, a Sponsor or Contractor may counttoward its DBE goals 60 perc~nt 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. . n . Minimum Disadvantage Business Enterprise goals for this project are: II II DBE Goals: 28.50%. II II II II II II II II II II II II II II II II II II II II II GP-120-24 I I I ,I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I GENERAL DECISION GA030029 06/1312003 GA29 Date: June 13,2003 General Decision Number GA030029 Superseded General Decision No. GA020029 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 Publication Date o 06/13/2003 COUNTY(ies): COLUMBIA MCDUFFIE RICHMOND SUGA30l0A 05/01/1990 ASPHALT RAKER CARPENTER CONCRETE FINISHER FLAGGER IRONWORKER, REINFORCING LABORER PILEDRIVER Rates 6.08 8.72 7.43 5.15 10.83 5.84 14.99 Fringes POWER EQUIPMENT OPERATORS: Asphalt distributor Asphalt paver Backhoe Bulldozer Crane Loader 7.07 7.64 8.35 8.40 10.00 7.62 GP-120-25 II II II Milling machine Motor grade operator Roller Scraper Striping machine operator Tractor (utility) II II II II II II 12.18 8.56. 6.36 8.00 6.26 5.65 TRUCK DRIVERS: Single rear axle Multi rear axle 5.67 6.58 WELDER 11.23 Unlisted classifications needed for },York not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR II 5.5(a)(I)(ii)). II II ------------------------m--------------------------------1r____________________________________________._____m___________________________________________ In the listing above, the "SU" desi~ation means that rates listed under that identifier do not reflect collectively bargained wage and friri~e benefit rates. Other designations indicate unions whose rates have been determined to be prevailIng. II II WAGE DETERMINATION APPEALS PROCESS II II 1.) Has there been an initial decisidh in the matter? This can be: I. * " bl' h d d II . . an eXIstmg pu IS e wage etermmatlOn * d I . d II . . a survey un er ymg a wage etermmatIon * a Wage and Hour Division lette~ setting forth a position on a wage determination matter II * a conformance (additional classl.fication and rate) ruling II II On survey related matters, initial c<Yntact, including requests for summaries of surveys, should be II with the Wage and Hour Regional @ffice for the area in which the survey was conducted because those Regional Offices have resporl~ibility for the Davis-Bacon survey program. If the response from this initial contact is not sati~factory, then the process described in 2.) and 3.) should be followed. II II With regard to any other matter notilyet ripe for the formal process described here, initial contact should be with the Branch ofConstKuction Wage Determinations. Write to: GP-120-26 I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I' I I Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. yv. Washington, D. C. 20210 2.) Ifthe answer to the question in 1.) is yes, then an interested party (those ,affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request shouldbe accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) Ifthe decision ofthe Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ~ GP-120-27 I I I I I I I I I I I I I I I I I I I SECTION 00800 SUPPLEMENTARY CONDITIONS The follo'Ying conditions amend or supplement the referenced "Standard Federal Aviation Administration General Provisions". All provisions whi~h are not so amended or supplemented remain in full force and effect. SECTION 10 DEFINITIONS SC-l DELETE THE FOLLOWING DEFINITIONS AND REPLACE WITH THE FOLLOWING DEFINITIONS: DELETE "10-14 CONTRACT"; REPLACE WITH: 10-14 CONTRACT. The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Contract and made a part thereof as provided therein. The term "Agreement" has the same meaning as "Contract". DELETE "10-19 ENGINEER"; REPLACE WITH: 10-19 ENGINEER. The person, firm or corporation named as such in the Agreement. DELETE "10-41 SPECIAL PROVISIONS"; REPLACE WITH: 10-41 SUPPLEMENTARY CONDITIONS. The part of the Contract Documents which amends or supplements these Standard FAA General Provisions. DELETE "10-49 SURETY"; REPLACE WITH: 10-49 SURETY. The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and his acceptable performance of the work and his payment of all debts pertaining to the work. DELETE "10-51 WORK"; REPLACE WITH: 10-51 WORK. The entire complete construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. 00800-1 Addendum No.2 SC-2 DELETE "10-16 CONTRACT TIME"; REPLACE WITH: 10-16 CONTRACTIITIME. The number of calendar days stated in the Bid, allowed for completion ofthe contract, plus 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. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. SC-3 AFTER THE LAST DEFINITION OF SECTION 10, ADD THE FOLLOWING NEW DEFINITIONS: 10-53 GENERAL PROVISIONS. Standard FAA conditions of the Contract identified as Sections 10, 40, 50, 60, 70, 80, 90, and 100. 10-54 PRODUCTS. The materials, systems and equipment to be incorporated into the work. 10-55 PROJECT MANUAL. The bound documents compnsmg Bidding Requirements, Bid Forms, Contract Forms, General Conditions, Supplementary Conditions, Specifications, Addenda and modifications. 1 0-56 SUBSTANTIAL COMPLETION. TheW ork (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the W ork (or a specified part) can be utilized practically and efficiently for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with Section90. The terms "substantially complete" and "substantially completed" as applied to any Work refer to "Substantial Completion thereof." SC-4 DELETE "10-52 WORKING DAY". SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS SC-5 REFER TO INSTRUCTIONS TO BIDDERS FOR REQUIREMENTS FOR PREPARING AND SUBMITTING BIDS, AND EVALUATION OF BIDS AND BIDDERS. SC-6 EXAMINATION OF PLANS, SPECIFICATIONS AND PHYSICAL CONDITIONS: The Bidder is expected to carefully examine the site of the proposed work, the bidding requirements, plans, specifications, and contract forms. He shall satisfy 00800-2 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SC-7 SC-8 himself as to the character, quality, and quantities ofwork to be performed, materials to be furnished, and as to the requirements ofthe proposed contract. The submission of a proposal shall be a binding representation that the BIDDER has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements ofthe proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations ~d tests are attached to these specifications. It is understood and agreed that such subsurface information 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 examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. In preparation of the Drawings and Specifications, ENGINEER has relied upon the exploration and tests of subsurface conditions. \ REFER TO ARTICLES 16, 17 AND 18 OF THE INSTRUCTIONS TO BIDDERS FOR PROCEDURES FOR A WARD AND SIGNING OF CONTRACTS, AND DISPOSITION OF BID SECURITY. PERFORMANCE AND OTHER BONDS: a) Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except ~s otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by "the Supplementary Conditions. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to ~t. . b) If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the paragraph SC-8(a). Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 00800-3 Addendum No.2 SC-9 SC-IO ADD THE FOLLOWING PARAGRAPH TO THE END OF SUBSECTION 40- 02 "ALTERATION OF WORK AND QUANTITIES": I I I I I I I I I I I I I I I I I I I 40-02.1 The Engineer shall have authority to order minor changes in the Work not involving adjustment of the contract sum or extension of the contract time and not inconsistent with the intent of the contract document. Such changes shall be effected by written order and shall be binding on the, Owner and Contractor. The Contractor shall carry out such written orders promptly and the Contractor shall receive no additional compensation therefor, nor shall there be any change in the contract time as a result thereof. ADD THE FOLLOWING PARAGRAPHS TO THE END OF PARAGRAPH 50~16 "CLAIMS FOR ADJUSTMENT AND DISPUTES": 50-16.1 "The following documentation and information must be presented in order for the Engineer to properly evaluate such claim: .1 Definition of the basis of the claim, including a detailed identification of which materials and what work is considered to represent a change to the original contract, an explanation of why the work or material is different than what was called for by the original contract, and an identification of the contract provisions and anything else which the Contractor relied upon; .2 An explanation of how and why the work. which is considered a change resulted in any additional cost or performance time for the Contractor; .3 An identification ofthe categories Qf additional costs which were incurred, an estimate of the dollar magnitude of each, and a statement ofthe impact this work will have on the construction schedule, including the contract completion dates; .4 An indication of how the additional costs which is believed that were incurred can be, and are to be, quantified; .5 Documentation of any actual additional costs and any actual impact to the construction schedule due to this work; .6 Documentation of the cost of performing all similar "unchanged" work, to provide the Engineer a basis for comparison; .7 All backup and other documentation which is believed to support or elate to the claim; .8 Documentation quantifying the amount of work which is believed to constitute this "changed" work, and the time period and the areas where such work was performed." 00800-4 Addendum No.2 I I I I I I I I I I I I I I I I I I I 50-16.2 50-16.3 50-16.4 NOTICE The giving of a timely notice of a potential claim prior to doing work, and the submittal of the above listed information for claim evaluation, within 10 days of the completion of the work which is subject of the claim, are both conditions precedent to the making of the claim, to recovery thereon, and to 'the bringing of a legal action for the resolution thereof. RESOLUTION OF CLAIMS AND DISPUTES .1 At the Owner's sole discretion, the ENGINEER may be requested to further review Claims which have been properly preserved as set forth in this section and take one or more ofthe following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Engineer expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Engineer also may, but is not obligated to, notify the surety, if any, ofthe nature and amount ofthe Claim. .2 If a Claim has been resolved, the Engineer will prepare or obtain appropriate documentation. .3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Engineer's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Engineer, (2) modify the initial Claim or (3) notify the Engineer that the initial Claim stands. .4 If a Claim has not been resolved after consideration ofthe foregoing and of further evidence presented by the parties or requested by the Engineer, the Engineer will notify the parties in writing that the Engineer's decision will be made within seven days, which decision shall be final and binding on the parties but subiect to arbitration. Upon expiration of such time period, the Engineer will render to the parties the Engineer's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there appears to be a possibility of a Contractor's default, the Engineer may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ARBITRATION .1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accordance with the construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award 00800-5 Addendum No.2 rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect. Such controversies or Claims upon which the Engineer has given notice and rendered a decision as provided in Subparagraph 50-16.3.4 above shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 30 days have passed after a Claim has been referred to the Engineer and no decision has been rendered. I I I I I I I' I I I I I I I I I I I I .2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 50-16.2 shall, if subject to arbitration under Subparagraph 50-16.3.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Contractor and with the American Arbitration Association, and a copy shall be filed with the Engineer. .3 Contract Performance During Arbitration. During arbitration proceedings, contractor shall proceed diligently with performance of the contract and the Owner shall continue to make payments in accordance with the Contract Documents. A When Arbitration May Be Demanded. Demand for arbitration of any Claim may not be made until the earlier of (l) the date on which the Engineer has rendered a final written decision on the Claim, (2) the thirtieth day after the parties have presented evidence to the Engineer or have been given reasonable opportunity to do so, if the Engineer has not rendered a final written decision by that date. 04.1 When a written decision of the Engineer states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Engineer's decision becoming final and binding upon the Owrier and Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. .4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 50-16.3.1 and 50-16.3.4 where applicable, and in other cases within a reasonab Ie time after the Claim has arisen, and in no event shall it be made after ,the date when institution of legal or equitable proceedings based on such Claim would be barred 00800-6 Addendum No.2 I I I I I I I I I I I I I I I I I I I by the applicable statute oflimitations as determined by Laws ofthe State of Georgia. .5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Engineer, their employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Engineer, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, Subcontractor(s) and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or Subcontractor(s) shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. .6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. .7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 00800-7 Addendum No.2 SC-ll SC-12 ADD THE FOLLeWING SUBSECTIONS TO THE END OF SECTION 50 "CONTROL OF WORK": I I I I I I I' I I I I I I I I I I I I 50-19 VENUE. This contract has been executed by, delivered to and accepted by the Owner in the state of Georgia, and the provisions hereof shall be governed by the laws of the state. Any disputes arising out of or related to this contract shall be resolved in accordance with said laws. The parties agree that any action or legal proceeding arising out of or related to this contract shall be brought in the state courts of the County of Richmond, Georgia or in the federal court in the district where the Airport is located; and the parties hereby consent to and waive any objection to jurisdiction or venue in said courts. 50-20 NO DAMAGES FOR DELAY. It is understood that the Owner and Engineer shall not in any way be liable to the Contractor for delays of any kind whatsoever. The Owner's or Engineer's exercise of any of its rights under any applicable provisions of the OwnerlEngineer Agreement or Owner/Contractor Agreement relating to changes in the work, or requirement of correction or re-execution of any of the work or additional work shall not, under any circumstances, be construed as active or intentional interference with the Contractor's performance ofthe Work. No other acts by the Owner or Engineer shall be considered exceptions of this no damages for delay clause unless motivated by bad faith. If completion is delayed by any act or neglect of the Owner or the Engineer, or by strikes or by otheli' exceptional conditions over which the Contractor has no reasonable control, the time of completion, upon receipt ofthe Contractor's written request, may be ext~nded by such period as the Engineer may consider reasonable. No extension shall be allowed unless a claim is presented in writing to the Engineer within seven (7) days after the commencement of such delay or the claim is waived. If Contractor is delayed by any acts of the Owner or Engineer and is granted an extension of time by the Engineer, the Contractor shall comply with the extended schedule with no additional compensation from the Owner. The Contractor shall be fully responsible for making up lost time of all delays except to the extent that extensions of time are granted. Nothing is this clause shall be construed to release the Contractor from the obligation to perform at its own expense all overtime necessary to maintain the contract completion date where delays have occurred which are not excused. DELETE SUBPARAGRAPH 70-19(2) IN ITS ENTIRETY AND INSERT THE FOLLOWING: "(2) BURNING IN ANY SHAPE OR FORM WILL NOT BE ALLOWED." 00800-8 Addendum No.2 I I I I I I I I I I I I I I I I I I I SC-13 DELETE PARAGRAPH 70-11 "RESPONSIBILITY FOR DAMAGE CLAIMS" IN ITS ENTIRETY AND INSERT THE FOLLOWING: 70-ll. RESPONSffiILITY FOR DAMAGE CLAIMS. 70-11.1 INSURANCE: Contractor shall purchase and maintain such comprehensive general liability, comprehensive automobile liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any ofthem to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: -11.1.1 Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; -11.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; -11.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; -11.1.4 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (b) by any other person for any other reason; -11.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use of resulting therefrom; -11.1.6 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and -11.1.7 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 70-11.1 shall include the specific coverage and be written for no less than the limits ofliability and coverage specified in 70-11.3 or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other 00800-9 Addendum No.2 70-11.2 , 70-11.3 II I I I I I I I I I I I I I I I I I I I evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to Owner and Engineer by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter j when Contractor may be correcting, removing or replacing defective Work in accordance with paragraph 50-18. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. INDEMNIFICATION: -11.2.1 The Contractor shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) arises out of the Contractor's operations or is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any ofthem to perform or furnish any of the Work or anyone for whose acts any or them may be liable, regardless of whether or not it is caused by a party indemnified hereunder or arises by or is imposed by Law or Regulations regardless of the negligence of any such party. -11.2.2 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 11.2.1 above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. COVERAGE: The limits ofliability for the insurance required by Paragraphs 70-11.1 shall provide coverage for not less than the following amounts or greater where required by law: A. Workers' Compensation, etc.: (1) State: (2) Applicable Federal 00800-10 Addendum No.2 Statutory Statutory I I I I I I I I I I I I I I I I I I I 70-11.4 B. (e.g~ Longshoreman's) (3) Employer's Liability $1,000,000 C~mprehensive ~o~mmercial General Liability: (1) Bodily Injury and Property Damage: , $5.000.000 Combined Single Limit (Per Occurrence) (2) The Contractor's Commer~ial General Liability insurance shall provide coverage for the following: (1) Premises - Operations, (2) Independent Cpntractors, (3) Products/Completed Operations Hazard, (4) Underground Hazard, (5) Broad Form Property Damage, (6) Explosion and Collapse Hazard, (7) Personal Injury, and (8) Contractual Liability. C. Comprehensive Automobile Liability: (1) Bodily Injury and Property Damage: $1.000.000 Combined Single Limit (Per Occurrence) (2) The Contractor's Comprehensive Automobile Liability Insurance shall provide coverage for Bodily Injury and Property Damage Per Occurrence for owned, hired and non-owned vehicles. D. The Augusta Aviation Commission, its officials, staff and consultants; Augusta, Georgia and the Augusta-Richmond County Commission, its elected officials, officers, and employees; and The LP A Group Incorporated, its staff and consultants shall be named as additional insured in the policy. A Certificate of Insurance naming Augusta Aviation Commission as a certificate holder as well as a Certificate of Insurance naming Augusta, Georgia and the Augusta-Richmond County Commission as a certificate holder as well as a Certificate of Insurance naming the LP A Group, Inc. as a certificate holder shall be issued by the Contractor's insurance provider. The Contractor's insurance provider shall edit the Certificate of Insurance standard cancellation clause from "..., the issuing company will endeavor to mail _ days written notice to the certificate holder..." to "..., the issuing company will mail 30 days written notice to the certificate holder..." . The Contractor shall obtain in the name of the Owner, Owner's Protective Liability Insurance which will have the same limits of coverage as that required above for the Contractor's general liability coverage, including liability for acts of Subcontractors and Subordinate Contractors. The Contractor's insurance provider shall provide two (2) 00800-11 Addendum No.2 70-11.5 70-11.6 70-11.7 copies of the insurance policy to the Engineer for the Engineer to distribute to the Owner. I I I I I I I I I I I I I I I I I I I Contractor shall. purchase and maintain such Protective and Contractual Bodily Injury Liability Insurance and such Protective and Contractual Property Damage Liability Insurance as shall be required by any public bodies or utility companies whose property, facilities, or right-of-way may be affected by the Work to be done under this Contract. Contractor will provide such additional information in respect of insurance provided by him as the Owner may reasonably request. Failure by Owner to give any such notice of objection within the time provided shall constitute an acceptance of such insurance purchased by Contractor as complying with the Contract Documents. Certificates in triplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with Owner before operations are begun. Certificates shall not merely name the types of policy provided but shall specifically refer to this Contract and shall contain a separate express statement of compliance with each of the requirements as set forth in this Article. The certificates shall, in addition to the information relative to the insurance required, contain the following: (a) Inception and expiration dates of insurance policy. (b) Limits of liability provided (public Liability and Property Damage). ( c) Coverage provided, including special hazards if required. (d) Name of insurance company. (e) Policy Number. (f) Additional interests covered. (g) Statement that the Explosion, Collapse, and Underground exclusions do not apply. (h) Certificate shall reflect self-insured retention applicable to any contract of insurance. (i) Excess liability certified contracts must state underlying insurance requirements. G) Project number and nature of work. (k) Cancellation notice stipulation in Paragraph 70-11.3. No certificate will be accepted which exculpates the issuer or reduces any rights conferred on the Owner by the above certificates, nor will they be accepted unless the certificates bear a live signature of a direct representative of a company authorized to do business in Georgia. No certificate will be accepted unless the person signing the certificate certifies, in a separate letter, his exact relationship with the insurance carrier or carriers indicated in the certificate. 00800-12 Addendum No.2 I I I I I I I I I I I I I I I I I I I SC-14 80-08.1 SC-15 The Owner may, at his discretion, modify or waive any of the foregoing requirements. No contract of insurance containing a "claims made" insuring agreement will be acceptable unless the Contractor offering such insurance to fulfill the requirements ofthis Contract agrees that each such contract of insurance shall be renewed for the entire existence of the Contractor, their successors or assigns; and that on termination of such coverage which is not replaced by a similar contract with the required limits of liability, a "tail policy" will be purchased with limits not less than those required by this Contract." ' 80-08 FAILURE TO COMPLETE ON TIME: Liquidated Damages: l.ili1...uidated d~ages for failure to complete a~l work within the total Contract time of ~8.. consecutIve calendar days after the Notice -To-Proceed (N.T.P.) shall be $500 per calendar day. This sum is exclusive of additional engineering fees and inspection fees incurred during the period of delay. See paragraph 3.3 of the Contract at page C- 2. In addition, for not completing all punchlist work as determined by the Engineer and the Owner at the Final Inspection for the entire project within 30 consecutive calendar days from date of the Final Inspection, $200 per day shall be deducted from money due the Contractor or his surety until the punch list items are completed to the satisfaction of the Owner. 80-06 TEMPORARY SUSPENSION OF THE WORK: After the last paragraph, add the following new sentences: Ifthe Contractor requests a suspension ofthe work in whole or part for such period or periods as he may need, due to unsuitable weather or such other conditions as Contractor considers unfavorable for the prosecution of work, or if ordered by OWNER or ENGINEER due to inclement weather or the failure on the part of the Contractor to carry out orders given, or to perform any or all provisions of the contract, a suspension may be granted provided the Contractor shall perform the following without additional compensations: .1 Suitably store all materials. .2 Implement measures to protect existing work from damage or deterioration. .3 Erect such temporary structures and barricades as ENGINEER may required to provide for traffic on, to, or from the airport. 00800-13 Addendum No.2 SC-16 SC-17 II I I I I I I I I I I I I I I I I I I I II .4 Periodically inspect and maintain the work and temporary measures during the suspension period. Promptly repair any damage to the work during the suspension period. .5 Pay all cost of OWNER associated with the suspension including but not limited to cost of ENGINEER, inspection and OWNER's testing laboratory to perform their contractual requirements with respect to the project during the : work suspension. .6 Maintain all insurance and bond coverage. .7 Perform such other work as required by the Contract Documents with respect to the Project. 80-09 DEFAULT AND TERMINATION OF CONTRACT DELETE THE FOLLOWING FROM SECTION 80-09 OF THE GENERAL PROVISIONS "..Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract" AND INSERT THE FOLLOWING: "The Engineer shall advise the Owner that sufficient grounds exist to terminate the contractor. Upon such consultation, the Owner shall, in consultation with the Engineer, refer to the provisions of the Contractor's Performance Bond and follow any mandatory procedures which might be set out therein as prerequisites to invoking the performance obligations of the bond Surety. If no such mandatory procedures are specified in the performance bond, the Engineer, with authorization from the Owner, will write a letter to the Contractor, with a copy to the Surety, declanng the Contractor in default. As an alternative to immediate termination of the contract, the Owner may request that the Engineer give the Contractor and Surety specific notice of what conditions must be met to avoid termination. " CONTRACT TIME Time for completion of the work is 120 consecutive calendar days from the Notice-to-Proceed date and within the stipulated phasinglsubphasing requirements as ou.t1ined in paragraph 80-08.1 Liquidated Damages of this section (Section 00800) and Section 01010 Scope Of Work. In the event that the construction contract time period occurs between the dates April 1, 2004 through April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. The Contractor will be required to de-mobilize and re-mobilize at no 00800-14 Addendum No.2 I I I I I I I I I I I I I I I I I I I SC-18 SC-19 SC-20 SC-21 SC-22 additional expense to the Owner. COPIES OF CONSTRUCTION DOCUMENTS ENGINEER will furnish at no charge to Contractor five (5) complete sets of plans . and specifications including cross-sections for Contractor's use during construction. One set shall be maintained as the Project Record Documents. Additional sets of plans and specifications or individual sheets of plans will be furnished to Contractor at the cost of reproduction and postage. WAIVER OF LIEN Prior to final payment, the Contractor shall deliver to the Owner complete releases of lien for all labor, materials, and equipment supplied under this Contract. The Contractor shall also supply waivers of lien for all Subcontractors and material suppliers. 90-01 MEASUREMENT OF QUANTITIES DELETE THE FIRST PARAGRAPH AND REPLACE WITH THE FOLLOWING REVISED PARAGRAPH: "90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer (unless specified otherwise), or his/her authorized representatives, using United States Customary Units of Measurement." 90-06 PARTIAL PAYMENTS ADD THE FOLLOWING PARAGRAPH AT THE END OF SECTION 90-06 "This Agreement is intended by the Parties to, and does, supercede any and all provisions ofthe Georgia Prompt Pay Act, O.C.G.A. Prompt Pay Act g 13-11-1, et seq. In the event any provision ofthis Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Notwithstanding any provision of this contract or Georgia law, Contractor, by execution of this Contract, waives any claim for interest on any sums held as retainage under this Contract. 90-07 PAYMENT FOR MATERIALS ON HAND After Item e of the first paragraph, add the following Item f: f. The value of the delivered material which is to be used in one item of work exceeds $3,000 and is not scheduled to be incorporated into the work within 60 days after delivery. MEASUREMENT AND PAYMENT: 00800-15 Addendum No.2 No measurement and payment for Supplementary Conditions will be made except as described below. All provisions of this section other than that listed below shall be included in Item 01000, Mobilization. Items described and designated under Supplementary Condition SC-14 paragraph 70- 11.3D and 70-11.4 will be paid separately under this section as "Supplementary Insurance Provisions". Section 70-1l.3D includes provisions for the Contractor to have the Owner and the Engineer named as additional insured with right of notice in the Contractor's insurance policies. Section 70-11.4 includes provision for the Contractor to purchase an Owner's Protective Liability policy. If awarded, reimbursement for this item will be limited to the amount the Contractor can demonstrate is an additional expense for the specified coverage. Item 00800 Supplementary Insurance Provision -- per Lump Sum END OF SECTION 00800 00800-16 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DIVISION 1 GENERAL REQUIREMENTS SECTION 01000 MOBILIZATION PART 1 GENERAL 1.01 DESCRIPTION: A. The work covered by Item 01000 Mobilization consists of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for providing the items required by the General Provisions, Section 01510 Temporary Facilities and Supplementary Conditions and the General Requirements including but not limited to: for the establishment of all offices, buildings, and other facilities necessary for work on the project, construction staking, establishing a haul route and staging area and restoration upon completion of work, performance bond, labor and materials bond; all required insurance, all prebid and preconstruction expense, 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. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 PAYMENT: A. All work covered by this section will be paid for at the contract lump sum price for "Mobilization. " B. Forty percent (40%) of the amount bid for this lump sum Item 01000 "Mobilization" shall be payable to the Contractor when the staging area has been established, all Contractor buildings and other temporary facility requirements are in place and accepted by the Engineer, and when the access (haul) route(s) has been completed and constructed. The remaining sixty (60%) of Item 01000 will be payable to the Contractor distributed in each pay estimate based on a percentage of Bid Schedule items complete. This is interpreted to mean that 10% of the remaining 60% of Mobilization will be paid when 10% of the Bid Schedule items are complete and accepted by the Engineer, etc. All such payments will be made less the retainage provided for in the Contract. Payment will be made under: Item 01000 Mobilization -- per Lump Sum END OF SECTION 01000 01000-1 I I I I I I I I I I I I I I I I ;1 I I SECTION 01010 SCOPE OF WORK 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General Provisions and Supplementary Conditions and Division 1 Specification sections, apply to work of this section. 1.02 PROJECT IDENTIFICATION The Proj ect name is "Perimeter Fencing Improvements Proj ect, Augusta Regional Airport, Augusta, Georgia" as shown on the contract documents prepared by THE LP A GROUP, INCORPORATED. Drawings and specifications are dated January, 2004. 1.03 CONTRACT DOCUMENTS A. Indicate the work of the Contract and related requirements and conditions that have an impact on the project. Related requirements and conditions that are indicated on the contract Documents include, but are not necessarily limited to the following: 1. Existing site conditions and restrictions on use of the site. 1.04 SUMMARY BY REFERENCES Work of the Contract can be summarized by references to the Contract, General Provisions, Supplementary Conditions, Specification Sections, Drawings, addenda and modifications to the contract documents issued subsequent to the initial printing ofthis project manual and including but not necessarily limited to printed material referenced by any ofthese. It is recognized that work of the Contract is also unavoidably affected or influenced by governing regulations, natural phenomenon including weather conditions and other forces outside the contract documents. 1.05 CONSTRUCTION TIME AND PHASING A. Construction Time: The work as described by the contract specifications and as shown on the plans shall be ready for use by the Owner within 1mI consecutive calendar days after the Notice- to-Proceed date. In order to minimize the impact to airport passengers, airport tenants and the employees, completion of the project is critical and liquidated damages for not completing the project within the stipulated contract time as stipulated in this section and as set forth in Section 00800 Supplementary Conditions will be enforced. B. Construction Phasing: No set phasing has been established for this project. 01010-1 Addendum No.2 The Contractor shall also comply with the following stipulations in order to minimize the impact to the aircraft operations and the airfield tenants. 1. In the event tha(the construction contract time period occurs between the dates April 1,2004 through April 14, 2004 inclusive, all construction activities shall be stopped. No contract time will apply against the contract during this time period. All equipment shall be stored in the designated staging area. There shall be no measurement or payment associated with additional costs for this' shutdown period. Any extra costs due to this shutdown shall be considered incidental to Item 01000 Mobilization. 2. The contractor shall coordinate construction with the Engineer, Owner, FAA, and the A TCT on a daily basis. 3. During the life of the Contract, the Contractor shall designate an authorized individual to be on 24-hour call equipped with beeper and cellular phone to respond to any situation arising out of his performance of work on this project, and shall respond and be at the project within one hour after the phone call. 4. Prior to departure from project site each day, no open trench or depressions with dimensions excluding those as described in Section 01030 shall exist within the active runway and taxiways safety zones. The Contractor shall return all equipment and vehicles to the designated staging area at the end of each workday. 5. The Contractor will not be permitted to stockpile material within the runway and taxiway safety zones, or any other location hazardous to the aircraft operation. 6. No overnight stockpiling of material will be allowed in the active Airport Operation Area (AOA) outside the designated staging area. 7. The Contractor shall employ a skilled person for locating existing airfield wiring. Before beginning any excavation the Contractor shall locate and mark all utilities affected by his operations. The Contractor shall maintain an ample supply of parts to repair damaged wire. 1.06 CONTRACTOR USE OF PREMISES A. Use of the Site: Confine operations at the site to the areas permitted under the Contract. Portions ofthe site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. .B. Open Passage: Keep existing drives, entrances, and air operations areas designated to remain open, clear and available to the Owner, his employees and the public at all times. Do not use these areas for parking or storage of materials. C. Storage: Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is 01010-2 Addendum No.2 I I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I necessary, obtain Engineer's approval. D. Vehicle/Equipment Security: Lock automotive type vehicles, such as passenger cars and trucks, and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended witl1 the motor running or the ignition key in place. , 1.07 WORK RESTRICTIONS A. NA V AID Areas: During the time of construction~ the Contractor may be restricted from working in or around certain essential electronic navigational aids necessary to the safe operation of the airport. The Contractor is hereby notified that the Engineer may restrict construction operations in those areas closest to the active runway and taxiways. I . B. Radio Communication: Contractor shall maintain two-way radio communication with the Airport air operations personnel, on their frequency, at all times during construction. Contractor shall have a working radio on site at all times during construction and shall assign responsible personnel, including flagmen, to continuously monitor the radio. All radios shall be as specified in Section 01510. C. Turf Restoration: All non-paved areas that are disturbed by the Contractor's work, staging area, haul roads, etc. shall be reseeded and restored to original condition by the Contractor. Except where otherwise specified, there will be no separate pay item for this work; it will be considered incidental to and included in the price bid for Section 01000, Mobilization. D. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. E. Haul Route on Airfield Pavement: Contractor will not be allowed to use any of the existing runways, taxiways, or aprons as part of the haul road unless authorized in writing by the Engineer. F. Access Points: All construction traffic shall enter and exit the project area only through the project access point(s) shown on the plans or approved by the Engineer. Contractor will be responsible for security of entrance gates under use by himlher. y. Construction Stake-Out: The Contractor shall perform construction stake-out in accordance with Article 50-06 of the General Provisions. H. Haul Route: The Contractor shall be responsible for establishing haul routes suitable for supporting all necessary transportation and construction equipment for the duration of the project. Any existing roads or other areas that are used as part of the haul route shall be restored to their original condition after completion of the project. The Contractor will be 01010-3 Addendum No.2 responsible for all clean up operations of debris that may be on the haul route and for watering and/or other dust preventive measures to preclude fugitive dust from affecting buildings, occupants, or airfield operations. No separate payment will be made for seeding or mulching, or pavement restoration; such costs will be incidental to and included in the price bid for Section 01000, Mobilization. I. Airfield Safety Devices: Contractor shall maintain all airfield safety devices such as staked limit lines for the duration of the project as required. Damaged stakes or flagging shall be replaced immediately. J. Vehicular Markings and Lighting: All vehicles and equipment used on the airfield shall meet airport requirements for marking and lighting. K. Contacts During Non-Working Hours: For the duration of the project, the Contractor shall designate a list of authorized individuals in a prioritized order, to be on 24 hour call, and these individuals shall be equipped with a beeper and cellular phone. These individuals shall be able to respond to any situation arising out ofthe performance ofthe work on this project, particularly during nighttime hours, and shall respond and be on the project site within one hour after the phone call or beep. L. Airfield Pavement Cleanup: The Contractor shall promptly clean any and all debris arising from the project work that are left on operational airfield pavement. Any debris attributable to the Contractor found to be a hazard to aircraft, may be removed by the Owner. A fee of $250/hour will be assessed to the Contractor for all such cleaning and will be deducted on the next Contractor pay request. 1.08 COORDINATION: The work ofthis Contract includes coordination by the Contractor of the entire work ofthe project, including preparation of general coordination drawings, diagrams and schedules, and control of site utilization, from beginning of construction activity through project close-out and warranty periods. END OF SECTION 01010 01010-4 Addendum No.2 I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PART I SECTION 01030 AIRPORT PROJECT PROCEDURES -~~~ (Construction Safety Plan) GENERAL 1.01 1.02 INTRODUCTION: A. This project will include Contractor operations within active Air Operations Areas (AOA). The Airport will conduct normal aircraft operations during the course ofthis project, subject to certain restrictions called out in this section or elsewhere in the specifications. Therefore, to provide for the security and safety of Airport users and the Contractor's forces, as well as to minimize interruptions to aircraft operations, the Contractor shall limit his work within the areas designated and conduct his operations as specified. B. Any fines or assessments levied against the Sponsor (Owner) as a result of intrusions in the AOA or other violations by the Contractor's personnel or those of his subcontractors will be passed on to the Contractor. In addition, the Contractor will be subject to a fine of$1 ,000'.00 per incident, assessed by the Sponsor (Owner). AIR OPERATION AREA (AOA) SAFETY REQUIREMENTS: A. Aircraft Operational Areas: Existing aprons, taxiways and runways outside the limits of construction shall remain completely operational and unencumbered by the Contractor's equipment and personnel. B. The contractor shall have at all times when on the jobsite a working cellular telephone for communication with the Airport Operations Department, Airport Police Department, and the FAA A~r Traffic Control Tower. C. Airfield Pavement Closures: Closures of any portions of the airfield pavement will be made only by the Owner. The Owner shall contact the appropriate FAA Flight Service Station prior to issuing the Notice-to-Proceed so that a Notice-to-Airmen (NOT AM) for any closure can be issued in accordance with established criteria. 01030-1 1.03 CONSTRUCTION SAFETY REQUIREMENTS: A. General: 1. Safety Officer: The Contractor is required to employ a Safety Officer who will be the liaison between the Contractor, the Engineer and the Owner in all safety related matters for the duration of the project. The Safety Officer shall be on call 24 hours per day for emergency maintenance of airport hazard lighting, barricades, and other safety features. 2. Protection of Utilities: The Contractor shall be responsible for field marking and protecting all utilities within the construction limits. 3. Storage of Equipment. Vehicles. and Materials: All equipment, vehicles, and materials must be stored in the designated storage or staging area or in areas acceptable to the Engineer. 4. Vehicular Markings: Contractor vehicles and equipment shall be marked with checkered flags and lighted with flashing beacons to comply with requirements of FAA AC 150/52l0-5B. 5. Construction Methods Limitation: a. No open flames or burning will be allowed on Airport property. b. Stockpiled material shall be constrained in a manner to prevent displacement by jet blast, prop blast, or wind. 6. Safety and Accident Protection: a. The Contractor shall comply with all applicable federal, state, and local laws, ordinances, and regulations governing safety, health, and sanitation; shall provide barricades; and shall take any other needed actions, on his own responsibility, that are reasonably necessary to protect the life and health of employees on the job, the safety of airport users, and the safety of moving and parked aircraft, and other property during the performance of the work. b. The Safety Officer's duties shall include accident prevention. 01030-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 7. Navigational Aids: Airport navigational aid critical areas are shown on the drawings. The Contractor shall not enter these areas without the Engineer's approval. 8. FAA Advisory Circular: Except as otherwise specified, FAA AC l50/5370-2E and all its references shall be 'used in maintaining airport operational safety during construction. A copy of this circular is reproduced and attached herein. B. Runway and Taxiway Safety Zones: 1. Limitations: When necessary to accomplish construction in areas adj acent to runways and taxiways and aprons, the construction equipment, vehicles, and men are authorized to operate without interruption within the project limits, except within the following areas and as specified otherwise: Distance from runway centerline - within 200 feet. Distance from runway end - within 200 feet. Distance from active taxiway centerline - within 100 feet. Runway approach areas - within 20: 1 slope 2. Request for Facility Closures; Construction activities on taxiways or within the above restricted areas shall only be performed at times / when the taxiways are closed to aircraft. Closure of a runway or taxiway or any portion thereof must be requested in writing by the Contractor through the Engineer. This request must indicate the areas needed and a schedule of operations and time(s) required for operations within the area. The Owner reserves the right, however, to shift any approved closure periods to alleviate aircraft congestion or when inclement weather conditions dictate. 3. Equipment Operation Restrictions: Contractor may be permitted to operate trenching machines and other equipment in the Runway and Taxiway Safety Zones provided all of the following conditions are satisfied: 01030-3 a. The equipment operator and/or crew foreman monitors the Airport's Unicom frequency continuously, using a two way radio transceiver. I I I I I I I I I I I I I I I I I I I b. All equipment shall be cleared from the Runway or Taxiway Safety Zones during aircraft operations (ie. landings, take- offs, and taxiing). c. All equipment within the Runway and Taxiway Safety Zones is manned and being used. No unnecessary or parked equipment will be allowed within the Runway and Taxiway Safety Zones. d. All excavated trenches and holes shall be backfilled before workmen pull back from the safety area. 4. Stockpiles: Stockpiled materials shall not be permitted within the runway or taxiway safety zones. 5. Grading Requirements: All construction within a restricted area shall be performed in such a manner that, at the end of the closure period, it will leave the safety area with no abrupt grade changes and with no trenches with depth or width greater than 3". C. Obstructions to Navigation: 1. Violation of Safety Zone Surfaces: Penetration of equipment, vehicles, materials, or men into the safety zones and approach surfaces requires the preparation and distribution of Notices of Airmen (NOT AM) in advance to the actual penetration. 2. Scheduling: When part of the work in this project is in violation of FAR Part 77, the clearance distance requirements from runway and taxiway edges shall be incorporated into the construction sequence schedule. At no time shall the construction limits of the area under construction violate the safety zones without prior notification to and approval by the Engineer. 3. Coordination and Communication: Work within and adjacent to active AOAs shall be coordinated with the Engineer prior to commencement of the activity. Work crews in these areas shall be accompanied by the construction superintendent and the resident 01030-4 I I I I I I I I I I I I I I I I I I I inspector, both of which shall constantly monitor the Unicom radio frequency at all times during construction activities. 1.04 SAFETY PLANNING:m~-_.. The Coptractor shall integrate and maintain requirements of airport operational safety into each of his planning and work schedules. The Contractor's Safety Officer shall continuously monitor all planning schedules and work underway for compliance to AC l50/5370-2E; he shall maintain vigilance to detect areas needing attention due to oversight or altered construction activities. Airport operational safety during construction will be on the agenda at the preconstruction conference and each coordination and progress meeting. PART 2 PRODUCTS (Not Required) PART 3 EXECUTION 3.01 LIMITATION OF CLOSURES: Airfield pavement closures (if absolutely necessary) will be made only by the Owner. The Contractor shall request the closure through the Engineer from the Owner. 3.02 BARRICADE INSTALLATION: If any portion ofthe airfield pavement is necessary to be closed, the Contractor shall supply low profile barricades with amber flashers that are acceptable to the Engineer. The cost of providing and maintaining barricades shall be included under item 01530. The Contractor. shall securely anchor all barricades to the satisfaction of the Engineer. 3.03 MEASUREMENT AND PAYMENT Except as otherwise specified in Section 01530, no measurement or payment will be made for this item of work and it will be considered as incidental cost to Mobilization, Section 01000. END OF SECTION 01030 01030-5 I I o u.s. Department of Transportation Federal Aviation Administration I I I Advisory Circula'r I Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION I 1. THE PURPOSE OF THIS ADVISORY CIRCULAR (AC). I Aviation safety is the primary consideration at airports, especially during construction This AC sets forth guidelines for operational safety on airports during construction It contains major changes to the following areas. "Runway Safety Area," paragraph 3-2; "Taxiway Safety Areas/Object-Free Areas," paragraph 3-3; "Overview," paragraph 3-4, "Marking Guidelines for Temporary Threshold," paragraph 3-5; and "Hazard Marking and Lighting," paragraph 3-9. I I 2. WHAT THIS AC CANCELS. I This AC cancels AC 150/5370-2D, Operational Safety on Airports During Construction, dated May 31, 2002. I 3. READING MATERIAL RELATED TO THIS AC. I Appendix I contains a list of reading materials on airport construction, design, and potential safety hazards during construction, as well as instructions for ordering these documents Many of them, including this AC, are available on the Federal Aviation Administration (FAA) Web site. I I I Cl/tA 0-J!9 I DA VlD L BENNETT Director, Office of Airport Safety and Standards I I Date: 1/17/03 Initiated by: AAS-300 AC No: 150/5370-2E Change: 4. WHO THIS AC AFFECTS. This AC assists airport operators in complying with 14 Code of Federal Regulations (CFR), part 139, Certification and Operation' Land Airports Serving Certain Air Carriers, and with the requirements of airport construction projects receiving funds under the Airport Improvement Program or from the Passenger Facility Charge Program. While the FAA does not require noncertificated airports without grant agreements to adhere to these guidelines, we recommend that they do so as it will help these airports maintain a desirable level of operational safety during construction. 5. ADDITIONAL BACKGROUND INFORMATION. Appendix 2 contains definitions oftenns used in this AC. Appendix 3 provides airport operators with boilerplate fonnat and language for developing a safety plan for an airport construction project. Appendix 4 is a sample Notice to Ainnen fonn 6. HAZARD LIGHTING IMPLEMENTATION TIME LINE. Supplemental hazard lighting must be red in color by October 1, 2004. See paragraph 3-9 for more infonnation. I 1/17/03 AC 150/5370-2E CONTENTS I ParaQraph PaQe I I CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES ................................................. 1 1-1. Overview. .................................. ........ ....... ................................................................................................................ 1 1-2. Who Is Responsible for Safety During Construction. ...............................................................................................1 I CHAPTER 2. SAFETY PLANS.... ............ ..................................................................... ..... .................... ......... ......... 3 Section 1. Basic Safety Plan Considerations.......................................................................................................3 2-1. Overview. .... ............................................................................................................................................................. 3 2-2. Safety Plan Checklist. ............. ......... .............. ............... ...... ........... ... ....... ............... ............ .... ............ ............... .......3 Section 2. Safety and Security Measures ......................... .................................................................................... 4 2-3. Overview. ............................................................................................................................................. ....................4 2-4. Vehicle Operation and Marking and Pedestrian Control. .........................................................................................4 2-5. Construction Employee Parking Areas. .................. ........... ... ................................ ........................... ..................... ....5 2-6. Construction Vehicle Equipment Parking. ...............................................................................................................5 2-7. Radio Communication Training. ..............................................................................................................................5 2-8 . Fencing and Gates. ...................................... ................................................ ............................................................. 5 Section 3. Notification of Construction Activities....... ........... ......... .................. ........ ......... ......... ............... .......... 5 2-9. General. .................................................................................................................................................... ................ 5 2-10. Assuring Prompt Notifications. .................................... ............................... ........................................................ .....6 2-11. Notices to Ainnen (NOT AMs). ................................................................................................................................ 6 2-12. Aircraft Rescue and Fire Fighting (ARFF) Notification...........................................................................................6 2-13. Notification to the FAA. ...........................................................................................................................................6 2-14. Work Scheduling and Accomplishment. ..................................................................................................................6 I I I I I I I CHAPTER 3. SAFETY STANDARDS AND GUIDELINES ...................................................................................... 7 Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas ...................... 7 3-1. Overview. ...................................... ........ .................. .............. ... ............... ................. ...... ..................... .....................7 3-2. Runway Safety Area (RSA)/Obstacle-Free Zone (OFZ). ......................................................................................... 7 3-3. Taxiway Safety Areas/Object-Free Areas. ............................................................................................................... 7 Section 2. Temporary Runway Thresholds .......................................................................................................... 8 3-4. Overview. ................................................................................................................................................ ................. 8 3-5. Marking Guidelines for Temporary Threshold......................................................................................................... 8 3-6. Lighting Guidelines for Temporary Threshold.........................................................................................::............... 9 Section 3. Other Construction Marking and Lighting Activities ......................................................................10 3-7 . Overview. .. .......... ................. ............... ....... ..................... ............ .............. ................ .................. ........................... 10 3-8. Closed Runway and Taxiway Marking and Lighting. ............................................................................................10 3-9. Hazard Marking and Lighting ................................................................................................................................1 0 3-10. Construction Near Navigational Aids (NA V AIDs). ...............................................................................................11 3-11. Construction Site Access and Haul Roads..............................................................................................................11 3-12. Construction Material Stockpiling..........................................................................................................................11 3-13. Other Limitations on Construction. ........................................................................................................................11 3-14. Foreign Object Debris (FOD) Management. .............................:............................................................................12 Section 4. Safety Hazards and Impacts ..............................................................................................................12 3-15. Overview. .... ............... ...... ....... ............ ...................... .............................. ...................... ......... .......... ...................... 12 I I I I I I I iii AC 150/5370-2E 1/17103 I I I I I I I I I I I I I I I I I I I Appendices APPENDIX 1 RELATED READING MATERIAL............. ...................................... ................................................ A-1 APPENDIX 2 DEFINITIONS OF TERMS USED IN THE AC .................................................................................. A-2 APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE.............................................................. A-3 APPEND IX 4. SAMPLE NOT AM .... ......... ...................... ..... ........... ........................................... .................. ............ A-7 iv I 1/17/03 I AC 150/5370-2E CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES I 1-1. OVERVIEW. I Hazardous practices and marginal conditions created by construction activities can decrease or jeopardize operational safety on airports. To minimize disruption of normal aircraft operations and to avoid situations that compromise the airport's operational safety, the airport operator must carefully plan, schedule, and coordinate construction activities. While the guidance in this AC is primarily used for construction operations, some of the methods and procedures described may also enhance day- to-day maintenance operations I I 1-2. WHO IS RESPONSIBLE FOR SAFETY DURING CONSTRUCTION. I An airport operator has overall responsibilitY for construction activities on an airport This includes the predesign, design, preconstruction, construction, and inspection phases. Additional infonnation on these responsibilities can be found throughout this AC. a. Airport operator's responsibilities- (1) Develop internally or approve a construction safety plan developed by an outside consultant/contractor that complies with the safety guidelines in Chapter 2, "Safety Plans," and Appendix 3, "Airport Construction Safety Planning Guide," ofthis AC. I I I I (2) Require contractors to submit plans indicating how they intend to comply with the safety requirements of the project (3) Convene a meeting with the construction contractor, consultant, airport employees, and, if appropriate, tenant sponsor to review and discuss project safety before beginning construction activity (4) Ensure contact infonnation is accurate for each representative/point of contact identified in the safety plan. (5) Hold weekly or, if necessary, daily safety meetings to coordinate activities. (6) Notify users, especially aircraft rescue and fire fighting (ARFF) personnel, of construction activity and conditions that may adversely affect the operational safety of the airport via Notices to Ainnen (NOT AMs) or other methods, as appropriate. Convene a meeting for review and discussion if necessary (7) Ensure that construction personnel know of any applicable airport procedures and of changes to those procedures that may affect their work. I I I I I I I I (8) Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) Develop and/or coordinate a construction vehicle plan with airport tenants, the.airport traffic control tower (A TCT), and construction contractors. Include the vehicle plan in the safety plan See Chapter 2, section 2, of this AC for additional infonnation. (10) Ensure tenants and contractors comply with standards and procedures for vehicle lighting, marking, access, operation, and communication. (11) At certificated airports, ensure that each tenant's construction safety plan is consistent with 14 CFR part 139, Certification and Operations: Land Airports Serving Certain Air Carriers (12) Conduct frequent inspections to ensure construction contractors and tenants comply with the safety plan and that altered construction activities do not create potential safety hazards. (13) Resolve safety deficiencies immediately. (14) Ensure construction access complies with the security requirements of 49 CFR part 1542, Airport Security . (15). Notify appropriate parties when conditions exist that invoke provisions of the safety plan (e.g , implementation of low-visibility operations) b. Construction contractor's responsibilities- (1) Submit plans to the airport operator on how to comply with the safety requirements of the project (2) Have available a copy of the project safety plan. (3) Comply with the safety plan associated with the construction project and ensure that construction personnel are familiar with safety procedures and regulations on the airport. (4) Provide a point of contact who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. (5) Provide a safety officer/construction inspector familiar with airport safety to monitor construction activities. (6) Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. 1 AC 150/5370-2E (7) Ensure that no construction employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations areas (AOAs) from the construction site unless authorized. c. Tenant's responsibilities if planning construction activities on leased property- (1) Develop a safety plan, and submit it to the airport operator for approval prior to issuance of a Notice to Proceed. (2) Provide a point of contact who will coordinate an immediate response to correct any 2 1/17/03 I construction-related activity that may adversely affect the operational safety of the airport. (3) Ensure that no tenant or construction employees, employees of subcontractors or suppliers, or any other persons enter any part of the AOA from the construction site unless authorized. (4) Restrict movement of construction vehicles to construction areas by flagging and barricading or erecting temporary fencing. I I I I I I I I I I I I I I I I I I I 1/17/03 I AC 150/5370-2E CHAPTER 2. SAFETY PLANS I 2-1. OVERVIEW. Section 1. Basic Safety Plan Considerations 2-2. SAFETY PLAN CHECKLIST. I Airport operators should coordinate safety issues with the air carriers, FAA Airway Facilities, and other airport tenants before the design phase of the project. The airport operator should identifY project safety concerns, requirements, and impacts before making arrangements with contractors and other personnel to perform work on an airport These safety concerns will serve as the foundation for the construction safety plan and help maintain a high level of aviation safety during the project. The airport operator should determine the level of complexity of the safety plan that is necessary for each construction project and its phases. The safety plan may be detailed in the specifications included in the invitation for bids, or the invitation for bid may specifY that the contractor develop the safety plan and the airport operator approve it. In the latter case, the invitation for bid should contain sufficient information to allow the contractor to develop and determine the costs associated with the safety plan In either case, safety plan costs should be incorporated into the total cost of the project. The airport operator has final approval authority and responsibility for all safety plans. Coordination will vary from formal predesign conferences to infornlal contacts throughout the duration of the construction project Details of a specified safety plan, or requirements for a contractor-developed safety plan, should be discussed at the predesign and preconstruction conferences and should include the following, as appropriate I I I I I I I I I a. Actions necessary before starting construction, including defining and assigning responsibilities I b. Basic responsibilities and procedures for disseminating instmctions about airport procedures to the contractor's personnel. I c. Means of separating constmction areas from aeronautical-use areas. d. Navigational aid (NA V AID) requirements and weather. I e. Marking and lighting plan illustrations. I f. Methods of coordinating significant changes in airport operations with all the appropriate parties. I I To the extent applicable, the safety plan should address the following. a. Scope of work to be performed, including proposed duration of work. b. Runway and taxiway marking and lighting. c. Procedures for protecting all mnway and taxiway safety areas, obstacle-free zones (OFZs), object-free areas (OFAs), and threshold citing criteria outlined in AC 150/5300-13, Airport Design, and as described in this AC. This includes limitations on equipment height and stockpiled material. d. Areas and operations affected by the constmction activity, including possible safety problems. e. NA V AIDs that could be affected, especially critical area boundaries f. Methods of separating vehicle and pedestrian construction traffic from the airport movement areas This may include fencing off construction areas to keep equipment operators in restricted areas in which they are authorized to operate Fencing, or some other form of restrictive barrier, is an operational necessity in some cases. g. Procedures and equipment, such as barricades (identifY type), to delineate closed construction areas from the airport operational areas, as necessary. h. Limitations on construction. i. Required compliance of contractor personnel with all airport safety and security measures j. Location of stockpiled construction materials, constmction site parking, and access and haul roads. k. Radio communications. I. Vehicle identification. m. Trenches and excavations and cover requirements. 3 AC 150/5370-2E n. Procedures for notifying ARFF personnel if water lines or fire hydrants must be deactivated or if emergency access routes must be rerouted or blocked. o. Emergency notification procedures for medical and police response. p. Use of temporary visual aids. q. Wildlife management. r. Foreign object debris (FOD) control provisions. s. Hazardous materials (HAZMA T) management. t. NOTAM issuan'ce. u. Inspection requirements. v. Procedures for locating and protecting existing underground utilities, cables, wires, pipelines, and other underground facilities in excavation areas. I 1/17/03 w. Procedures for contacting responsible representatives/points of contact for all involved parties. This should include off-duty contact information so an immediate response may be coordinated to correct any construction-related activity that could adversely affect the operational safety of the airport Particular care should be taken to ensure that appropriate Airways Facilities persotmel are identified in the event that an unanticipated utility outage or cable cut occurs that impacts FAA NA V AIDs. I I I x. Vehicle operator training. I y. Penalty provisions for noncompliance with airport rules and regulations and the safety plan (e.g , if a vehicle is involved in a runway incursion). I z. Any special conditions that affect the operation of the airport and will require a portion of the safety plan to be activated (e.g., low-visibility operations, snow removal). I I 2-3. OVERVIEW. Section 2. Safety and Security Measures I Airport operators are responsible for closely monitoring tenant and construction contractor activity during the construction project to ensure continual compliance with all safety and security requirements. Airports subject to 49 CFR part 1542, Airport Security, must meet standards for access control, movement of ground vehicles, and identification of construction contractor and tenant personnel. In addition, airport operators should use safety program standards, as described in Chapter 3 of this AC, to develop specific safety measures to which tenants and construction contractors must adhere throughout the duration of construction activities General safety provisions are contained in AC 150/5370-10, Standards for Specifying Constmction of Airports, paragraphs 40-05, "Maintenance of Traffic"; 70-08, "Barricades, Warning Signs, and Hazard Markings"; and 80-04, "Limitation of Operations" At any time during construction, aircraft operations, weather, security, or local airport rules may dictate more stringent safety measures The airport operator should ensure that both general and specific safety requirements are coordinated with airport tenants and A TCT personnel. The airport operator should also include these parties in the coordination of all bid documents, construction plans, and specifications for on-airport construction projects 4 2-4. VEHICLE OPERATION AND MARKING AND PEDESTRIAN CONTROL. Vehicle and pedestrian access routes for airport construction projects must be controlled to prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. This includes aircraft movement and nonmovement areas. The airport operator should develop and coordinate a construction vehicle plan with airport tenants, contractors, and the A TCT. The safety plan or invitation for bid should include specific vehicle and pedestrian requirements. I I I The vehicle plan should contain the following items: a. Airport operator's rules and regulations for vehicle marking, lighting, and operation b. Requirements for marking and identifying vehicles in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used 011 an Airport c. Description of proper vehicle operations on movement and nonmovement areas under normal, lost communications, and emergency conditions d. Penalties for noncompliance with driving rules and regulations. e. Training requirements for vehicle drivers to ensure compliance with the airport operator's vehicle rules and regulations. f. Provisions for radio communication training for construction contractor personnel engaged in construction activities around aircraft movement areas. Some drivers, I I I I I I I I 1/17/03 I such as construction drivers under escort, may not require this training. g. Escort procedures for construction vehicles requiring access to aircraft movement areas. A vehicle in the movement area must have a working aviation-band, two-way radio unless it is under escort. Vehicles can be in closed areas without a: radio if the closed area is properly marked and lighted to prevent incursions and a NOT AM regarding the closure is issued h. Monitoring procedures to ensure that vehicle drivers are in compliance with the construction vehicle plan. i. Procedures for, if appropriate, personnel to ' control access through gates and fencing or across aircraft movement areas I I I I I 2-5. CONSTRUCTION EMPLOYEE PARKING AREAS. I Designate in advance vehicle parking areas for contractor employees to prevent any unauthorized entry of persons or vehicles onto the airport movement area. These areas should provide reasonable contractor employee access to the job site. I 2-6. CONSTRUCTION VEHICLE EQUIPMENT PARKING. I Construction employees must park and service all construction vehicles in an area designated by the airport operator outside the runway safety areas and OFZs and never on a closed taxiway or runway. Employees should also park construction vehicles outside the OF A when not in use by construction personnel (e.g., overnight, on weekends, or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the A TCT to any taxiways or runways under air traffic control nor obstruct any runway visual aids, signs, or navigational aids. The FAA must also study those areas to determine effects on 14 CFR part 77, Objects Affecting Navigable Airspace, surfaces (see paragraph 2- I3 for further information). I I I I 2-7. RADIO COMMUNICATION TRAINING. I The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement AC 150/5370-2E areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without A TCTs. Training of contractors on proper communication procedures is essential for maintaining airport operational safety. When operating vehicles on or near open runways or taxiways, construction personnel must understand the critical importance of maintaining radio contact with airport operations, A TCT, or the Common Traffic Advisory Frequency, which may include UNICOM, MUL TlCOM, or one of the FAA Flight Service Stations (FSS), as directed by airport management. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the A TCT, escort, flagman, signal light, or other means appropriate for the particular airport Vehicle drivers m~st confirm .by . personal observation that no aircraft IS approachmg theIr position when given clearance to cross a runway. In addition, it is the responsibility of the escort vehicle driver to verify the movement/position of all escorted vehicles at any given time. Even though'radio communication is maintained, escort vehicle drivers must also familiarize themselves with ATCT light gun signals in the event of radio failure (see the FAA safety placard "Ground Vehicle Guide to Airport Signs and Markings"). This safety placard may be ordered through the Runway Safety Program Web site at http://www.faarsp.org or obtained from the Regional Airports Division Office. 2-8. FENCING AND GATES. Airport operators and contractors must take care to maintain a high level of safety and security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and people (especially minors). Procedures should be in place to ensure that only authorized persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another person or vehicle. The Department of Transportation (DOT) document DOT/FAA/AR-OO/52, Recommended Security Guidelines for Airport Planning and Constnlction, provides more specific information on fencing. A copy of this doc~ment can be obtained from the Airport Consultants Councd, Airports Council International, or American Association of Airport Executives. I GENERAL. Section 3. Notification of Construction Activities 2-9. I In order to maintain the desired levels of operational safety on airports during construction activities, the safety I I plan should contain the notification actions described below 5 AC 150/5370-2E 2-10. ENSURING PRO'MPT NO'TlFICATlO'NS. The airport operator should establish and follow procedures for the immediate notification of airport users and the F AA:of any conditions adversely affecting the operational safety of an airport 2-11. NO'TlCES TO' AIRMEN (NO'TAMS). The airport operator must provide infonnation on closed or hazardous conditions on airport movement areas to the FSS so it can issue a NOT AM. The airport operator must coordinate the issuance, maintenance, and cancellation of NOT AMs about airport conditions resulting from construction activities with tenants and the local air traffic facility (control tower, approach control, or air traffic control center Refer to AC 150/5200-28, Notices to Airmen (NOTAMs)for Airport Operators, and Appendix 4 in this AC for a sample NOTAM fonn. Only the FAA may issue or cancel NOT AMs on shutdown or irregular operation of FAA-owned facilities Only the airport operator or an authorized representative may issue or cancel NOT AMs on airport conditions. (The airport owner/operator is the only entity that can close or open a runway.) The airport operator must file and maintain this list of authorized representatives with the FSS. Any person having reason to believe that a NOT AM is missing, incomplete, or inaccurate must notify the airport operator. 2-12. AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) NO'TlFICA TlO'N. The safety plan must provide procedures for notifying ARFF personnel, mutual aid providers, and other emergency services if construction requires shutting off or otherwise disrupting any water line or fire hydrant on the airport or adjoining areas and if contractors work with hazardous material on the airfield. Notification procedures must also be developed for notifying ARFF and all other emergency personnel when the work perfonned will close or affect any emergency routes. Likewise, the procedures must address appropriate notifications when services are restored. 2-13. NO'TlFICATIO'N TO' THE FAA. For certain airport projects, 14 CFR part 77 requires notification to the FAA. In addition to applications made for Federally funded construction, 14 CFR part 157, Notice of Construction, Alteration, Activation, and 6 1/17/03 I Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever a non-Federally funded project involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting FAA Fonn 7480-1, Notice of Landing Area Proposal, to the nearest FAA Regional Airports Division Office or Airports District Office. Also, any person proposing any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77 must notify the FAA. This includes construction equipment and proposed parking areas for this equipment (i.e., cranes, graders, etc.). FAA Fonn 7460-1, Notice of Proposed Construction or Alteration, can be used for this purpose and submitted to the FAA Regional Airports Division Office or Airports District Office (See AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace.) If construction operations require a shutdown of an airport owned NA V AID from service for more than 24 hours or in excess of 4 hours daily on consecutive days, we recommend a 45-day minimum notice prior to facility shutdown. Coordinate work for a FAA owned NA V AID shutdown with the local FAA Airways Facilities Office. In addition, procedures that address unanticipated utility outages and cable cuts that could impact FAA NA V AIDs must be addressed. I I I I I I I I I 2-14. WO'RK SCHEDULING AND ACCOMPLISHMENT. I Airport operators-or tenants having construction on their leased properties-should use predesign, prebid, and preconstruction conferences to introduce the subject of airport operational safety during construction (see AC 150/5300-9, Predesign, Prebid. and Preconstruction Conferences for Airport Grant Projects). The airport operator, tenants, and construction contractors should integrate operational safety requirements into their planning and work schedules as early as practical Operational safety should be a standing agenda item for discussion during progress meetings throughout the project. The contractor and airport operator should carry out onsite inspections throughout the project and immediately remedy any deficiencies, whether caused by negligence, oversight, or project scop~ change. I I I I I I I I I 1/17/03 I AC 150/5370-2E CHAPTER 3. SAFETY 5T ANDARD5 AND GUIDELINES I 3-1. OVERVIEW. Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas I Airport operators must use these safety guidelines when preparing plans and specifications for construction activities in areas that may interfere with aircraft operations. The safety plan should recognize and address these standards for each airport construction project. However, the safety plan must reflect the specific needs of a particular project, and for this reason, these safety guidelines should not be incorporated verbatim into project specifications. For additional guidance on meeting safety and security requirements, refer to the planning guide template included in Appendix 3 of this AC. I I I 3-2. RUNWAY SAFETY AREA (RSA)/ OBSTACLE-FREE ZONE (OFZ). I A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway (see AC 150/5300-13, Airport Design). Construction activities within the standard RSA are subject to the following conditions: I I a. Runway edges. (1) No construction may occur closer than 200 feet (60m) from the runway centerline unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA width available during construction, or 400 feet, whichever is less (see AC 150/5300-13, Tables 3-1 through 3-3) (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13 I I. I (3) The airport operator must coordinate the construction activity in the RSA as permitted above with the A TCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOT AM. I, I b. Runway ends. (1) An RSA must be maintained of such dimensions that it extends beyond the end of the runway a distance equal to that which existed before construction activity, unless the runway is closed or restricted to aircraft operations for which the reduced RSA is adequate (see AC 150/5300-13) The temporary use of declared distances and/or partial runway closures may help provide the necessary RSA I I I I In addition, all personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13.1 Consult with the appropriate FAA Regional Airports Division Office or Airports District Office to determine the appropriate approach surface required. (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The safety plan must provide procedures for ensuring adequate distance for blast protection, if required by operational considerations. (4) The airport operator must coordinate construction activity in this portion of the RSA with the A TCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. c. Excavations. (1) Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness (2) Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. If the runway must be opened before excavations are backfilled, cover the excavations appropriately. Coverings for open trenches or excavations must be of sufficient strength to support the weight of the heaviest aircraft operating on the runway. 3-3. TAXIWAY SAFETY AREAS/OBJECT- FREE AREAS. a. Unrestricted construction activity is permissible adjacent to taxiways when the taxiway is restricted to aircraft such that the available taxiway safety area is equal IIf a full safety area cannot be obtained through declared distances and partial closures, or other methods such as alternate runway use, construction activity may operate in the RSA as long as conditions cited in paragraph 3-1 b(2) thru (4) are met. In addition, various surfaces outlined in AC 150/5300-13 and Terminal Instrument Procedures (TERPS) must be protected through an aeronautical study. 7 AC 150/5370-2E to at least Yz of the widest wingspan of the aircraft expected to use the taxiway and the available taxiway object-free area is equal to at least 7 times the widest wingspan plus 10 feet. (See AC 150/5300-13 for guidance on taxiway safety and object-free areas) Construction activity may be accomplished closer to a taxiway, subject to the following restrictions' (1) The activity is first coordinated with the airport operator. (2) Appropriate NOT AMs are issued. (3) Marking and lighting meeting the provisions of paragraph 3-9 are implemented. (4) Adequate clearance is maintained between equipment and materials and any part of an aircraft If such clearance can only be maintained if an aircraft does not have full use ofthe entire taxiway width (with its 1/17/03 I main landing gear at the edge ofthe pavement), then it will be necessary to move personnel and equipment for each passing aircraft. In these situations, flag persons will be used to direct construction equipment, and wing walkers may be necessary to guide aircraft Wing walkers should be airline/aviation personnel rather than construction workers. b. Construction contractors 1TIust prominently mark open trenches and excavations at the construction site, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness c. Excavations and open trenches may be pennitted up to the edge of a structural taxiway and apron pavement. provided the dropoff is marked and lighted per paragraph 3-9, "Hazard Marking and Lighting" I I I I I, 3-4. OVERVIEW. Section 2. Temporary Runway Thresholds I Construction activity in a runway approach area may result in the need to partially close a runway or displace the existing runway threshold. In either case, locate the threshold in accordance with Appendix 2 of AC 150/5300-13, Airport Design. Objects that do not penetrate th~se surfaces may still be obstructions to air navigation and may affect standard instrument approach procedures. Coordinate these objects with the FAA's Regional Airports Office or appropriate Airports District Office, as necessary. Refer to the current edition of AC 150/5300-13 for guidance on threshold siting requirements The partial runway closure, the displacement of the runway threshold, as well as closures of the complete runway and other portions of the movement area also requires coordination with appropriate A TCT personnel and airport users. Caution regarding partial runway closures: When filing a NOT AM for a partial runway closure, clearly state to FSS personnel that the portion of pavement located prior to the threshold is not available for landing and departing traffic In this case, the threshold has been moved for both landing and takeoff purposes (this is different than a displaced threshold). Example NOTAM: "North 1,000 feet of Runway 18/36 is closed; 7,000 feet remain available on Runway 18 and Runway 36 for arrivals and departures." There may be situations where the portion of closed runway is available for taxiing only. If so, the NOT AM must reflect this condition. Caution regarding displaced thresholds: Implementation of a displaced threshold affects runway length available for aircraft landing over the displacement Depending on the reason for the displacement (to provide obstruction clearance or RSA), 8 such a displacement may also require an adjustment in the landing distance available and accelerate-stop distance available in the opposite direction. If project scope includes personnel, equipment, excavation, etc. within the RSA of any usable runway end, we do not recommend a displaced threshold unless arrivals and departures toward the construction activity are prohibited. Instead, implement a partial closure. I I, I 3-5. MARKING GUIDELINES FOR TEMPORARY THRESHOLD. Ensure that markings for temporary displaced thresholds are clearly visible to pilots approaching the airport to land When construction personnel and equipment are located close to any threshold, a temporary visual NA V AID, such as runway end identifier lights (RElL), may be required (even on unlighted runways) to define the new beginning of the runway clearly A visual vertical guidance device, such as a visual approach slope indicator (V ASI), pulse light approach slope indicator (PLASI), or precision approach path indicator (P API), may be necessary to assure landing clearance over personnel, vehicles, equipment, and/or above-grade stockpiled materials. If such devices are installed, ensure an appropriate descriptive NOTAM is issued to infonn pilots of these conditions. The current edition of AC 150/5340-1, Standards for Airport Markings, describes standard marking colors and layouts. In addition, we recommend that a temporary runway threshold be marked using the following guidelines: I I I 'I I I a. Airport markings must be clearly visible to pilots; not misleading, confusing, or deceptive; secured in place to prevent movement by prop wash, jet blast, wing vortices, or other wind currents, and constructed of I I I .1 1/17/03 I materials that would minimize damage to an aircraft in the event of inadvertent contact. I (1) Pavement markings for temporary closed portions of the runway should consist of yellow chevrons to identify pavement areas that are unsuitable for takeoff/landing (see AC 150/5340-1). Ifunable to paint the markings on the pavement, construct them from any of the following materials: double-layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. (2) It may be necessary to remove or cover runway. markings, such as runway designation markings and aiming point markings, depending on the length of construction and type of activity at the airport. (3) When threshold markings are needed to identify the temporary beginning of the runway that is available for landing, use a white threshold bar of the dimensions specified in AC 150/5340-1. (4) If temporary outboard elevated or flush threshold bars are used, locate them outside of the runway pavement surface, one on each side of the runway. They should be at least 10 feet (3m) in width and extend outboard from each side of the runway so they are clearly visible to landing and departing aircraft These threshold bars are white. If the white threshold bars are not discernable on grass or snow, apply a black background with appropriate material over the ground to ensure the markings are clearly visible. (5) A temporary threshold may also be marked with the use of retroreflective, elevated markers. One side of such markers is green to denote the approach end of the runway; the side that is seen by pilots on rollout is red. See AC 150/5345-39, FAA Specification L- 853. Runway and Taxiway Retrorejlective Markers (6) At 14 CFR part 139 certificated airports, temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR part 139.309) However, at noncertificated airports, the temporary elevated threshold markings may either be mounted with a frangible fitting or be flexible. See AC 150/5345-39. I I I I I ,I I I I, I I" b. The application rate of the paint to mark a short- term temporary runway threshold may deviate from the standard (see Item P-620, "Runway and Taxiway Painting," in AC 150/5370-10, Standards for Specifying Construction of Airports), but the dimensions must meet the existing standards, unless coordinated with the appropriate offices I I c. When a runway is partially closed, the distance remaining signs for aircraft landing in the opposite direction should be covered or removed during the construction '1' I I' AC 150/5370-2E 3-6. LIGHTING GUIDELINES FOR TEMPORARY THRESHOLD. A temporary runway threshold must be lighted if the runwayis lighted and it is the intended threshold for night landings or instrument meteorological conditions. We recommend that temporary threshold lights and related visual NA V AIDs be installed outboard of the edges of the full-strength pavement with bases at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above ground. When any portion of a base is above grade, place properly compacted fill around the base to minimize the rate of gradient change so aircraft can, in an emergency, cross at normal landing or takeoff speeds without incurring significant damage (see AC 150/5370-10). We recommend that the following be observed when using temporary runway threshold lighting: a. Maintain threshold and edge lighting color and spacing standards as described in AC 150/5340-24, Runway and Taxiway Edge Lighting System. Battery-powered, solar, or portable lights that meet the criteria in AC 150/5345-50, Specificationfor Portable Runway Lights. may be used. These systems are intended primarily for visual flight rules (VFR) aircraft operation but may be used for instrument flight rules (lFR) aircraft operations, upon individual approval from the Flight Standards Division of the applicable FAA Regional Office. b. When the runway has been partially closed, disconnect edge and threshold lights with associated isolation transformers on that part of the runway at and behind the threshold (Le., the portion of the runway that is closed). Alternately, cover the light fixture in such a way as to prevent light leakage. Avoid removing the lamp from energized fixtures because an excessive number of isolation transformers with open secondaries may damage the regulators and/or increase the current above its normal value. c. Secure, identify, and place any temporary exposed wiring in conduit to prevent electrocution and fire ignition sources. d. Reconfigure yellow lenses (caution zone), as necessary. If the runway has centerline lights, reconfigure the red lenses, as necessary, or place the centerline lights out of service. e. Relocate the visual glide slope indicator (VGSI), such as V ASI and P API, other airport lights, such as REIL; and approach lights to identify the temporary threshold Another option is to disable the VGSI or any equipment that would give misleading indications to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates the VGSI, 9 AC 150/5370-2E coordinate its installation or disabling with the local Airway Facilities Systems Management Office. 1/17/03 I' f. Issue a NOT AM to inform pilots of temporary lighting conditions. I Section 3. Other Construction Marking and Lighting Activities 3-7. OVERVIEW. Ensure that construction areas, including closed runways, are clearly and visibly separated from movement areas and that hazards, facilities, cables, and power lines are identified prominently for construction contractors. Throughout the duration of the construction project, verify that these areas remain clearly marked and visible at all times and that marking and lighting aids remain in place and operational. Routine inspections must be made of temporary construction lighting, especially battery- powered lighting since weather conditions can limit battery life. 3-8. CLOSED RUNWAY AND T AXIW A Y MARKING AND LIGHTING. Closed runway markings consist of a yellow "X" in compliance with the standards of AC 150/5340-1, Standards for A irport Markings A very effective and preferable visual aid to depict temporary closure is the lighted "X" signal placed on or near the runway designation numbers. This device is much more discernible to approaching aircraft than the other materials described. If the lighted "X" is not available, construct the marking of any of the following materials: double-layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. In addition, the airport operator may install barricades, traffic cones, activate stop bars, or other acceptable visual devices at major entrances to the runways to prevent aircraft from entering a closed portion of runway. The placement of even a single reflective barricade with a "do not enter" sign on a taxiway centerline can prevent an aircraft from continuing onto a closed runway. If the taxiway must remain open for aircraft crossings, barricades or markings, as described above or in paragraph 3-9, should be placed on the runway. a. Permanently closed runways. For runways and taxiways that have been permanently closed, disconnect the lighting circuits. For runways, obliterate the threshold marking, runway designation marking, and touchdown zone markings, and place "X's" at each end and at 1,000-foot (300-m) intervals For taxiways, place an "X" at the entrance of the closed taxiway. 10 I b. Temporarily closed runway and taxiways. For runways that have been temporarily closed, place an "X" at the each end ofthe runway. With taxiways, place an "X" at the entrance of the closed taxiway. I, c. Temporarily closed airport. I When the airport is closed temporarily, mark the runways as closed and turn off the airport beacon d. Permanently closed airports When the airport is closed permanently, mark the runways as permanently closed, disconnect the airport beacon, and place an "X" in the segmented circle or at a central location if no segmented circle exists. I I 3-9. HAZARD MARKING AND LIGHTING. I Provide prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, personnel, or vehicles. Using appropriate hazard marking and lighting may prevent damage, injury, traffic delays, and/or facility closures. Hazard marking and lighting must restrict access and make specific hazards obvious to pilots, vehicle drivers, and other personnel. Barricades, traffic cones (weighted or sturdily attached to the surface), or flashers are acceptable methods used to identify and define the limits of construction and hazardous areas on airports. Provide temporary hazard marking and lighting to prevent aircraft from taxiing onto a closed runway for takeoff and to identify open manholes, small areas under repair, stockpiled material, and waste areas. Also consider less obvious construction-related hazards and include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (ILS) critical areas; airport surfaces, such as RSA, OFA, and OFZ; and other sensitive areas to make it easier for contractor personnel to avoid these areas. The construction specifications must include a provision requiring the contractor to have a person on call 24 hours a day for emergency maintenance of airport hazard lighting and barricades. The contractor must file the contact person's information with the airport. I I I I I /1 I 3. Nonmovement areas. Indicate construction locations on nonmovement areas in which no part of an aircraft may enter by using barricades that are marked with diagonal, alternating orange and white stripes Barricades may be supplemented with alternating I I I I I 1/17/03 I orange and white flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so they are always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades may be many different shapes-and made from various-materials; --- including railroad ties, sawhorses, jersey barriers, or barrels. During reduced visibility or night hours, supplement the barricades with red lights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1,2004). The intensity of the lights and spacing for barricade flags and lights must adequately and without ambiguity delineate the hazardous area. I I I I b. Movement areas. Use orange traffic cones; red lights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October I, 2004), collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate all construction/maintenance areas from the movement area. All barricades, temporary markers, and other objects placed and left in safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above the ground. Do not use nonfrangible hazard markings, such as concrete barriers and/or metal-drum-type barricades, in aircraft movement areas. Do not use railroad ties on runways. Use highly reflective barriers with flashing or steady- burning red lights to barricade taxiways leading to closed runways. Evaluate all operating factors when detennining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period of time. However, we strongly recommend that, even for closures of relatively short duration, major taxiway/runway intersections be identified with barricades spaced no greater than 20 feet (6m) apart. Mark the barricades with a flashing or steady-burning red light. At a minimum, use a single barricade placed on the taxiway centerline. I I I I I I. I I I 3-10. CONSTRUCTION NEAR NA VIGA TIONAL AIDS (NA V AIDS). I Construction activities, materials/equipment storage, and vehicle parking near electronic NA V AIDs require special consideration since they may interfere with signals essential to air navigation Evaluate the effect of construction activity and the required distance and direction from the NA V AID for each construction project Pay particular attention to stockpiling material, as well as I I I AC 150/5370-2E to movement and parking of equipment that may interfere with line of sight from the A TCT or with electronic emissions. Interference from construction may require NA V AID shutdown or adjustment of instrument approach -~-minimums for IFR. This condition requires that a NOT AM be filed. Construction activities and materials/equipment storage near a NA V AID may also obstruct access to the equipment and instruments for maintenance. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near a NA V AID, consult with the nearest FAA Ai~ay Facilities Office. 3-11. CONSTRUCTION SITE ACCESS AND HAUL ROADS. Detennine the construction contractor's access to the construction sites and haul roads. Do not pennit the construction contractor to use any access or haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airport operator for evaluation and approval as part of the safety plan before beginning construction activities. These proposed routes must also provide specifications to prevent inadvertent entry to movement areas. Pay special attention to ensure that ARFF right of way on access and haul roads is not impeded at any time and that construction traffic on haul roads does not interfere with NA V AIDs or approach surfaces of operational runways. 3-12. CONSTRUCTION MATERIAL STOCKPILING. Stockpiled materials and equipment storage are not pennitted within the RSA and OFZ of an operational runway. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. This includes detennining and verifying that materials are stored at an approved location to prevent foreign object damage and attraction of wildlife. 3-13. OTHER LIMITATIONS ON CONSTRUCTION. Contractors may not use open-flame welding or torches unless adequate fire safety precautions are provided and the airport operator has approved their use. Under no circumstances should flare pots be used within the AOA at any time. The use of electrical blasting caps must not be pennitted on or within 1,000 feet (300m) of the airport property (see AC 150/5370-10, Standards for Specifying Construction of Airports) 11 AC 150/5370-2E 3-14. FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT. Waste and loose materials, commonly referred to as FOD, are capable of causing damage to aircraft landing gears, propellers, and jet engines. Construction contractors must 1/17/03 I not leave or place FOD on or near active aircraft movement areas. Materials tracked onto these areas must be continuously removed during the construction project. We also recommend that airport operators and construction contractors carefully control and continuously remove waste or loose materials that might attract wildlife. 'I I 3-15. OVERVIEW. Section 4. Safety Hazards and Impacts I The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. Airport operators and contractors should consider the following when performing inspections of construction acti vi ty: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds of earth, construction materials, temporary structures, and other obstacles near any open runway, taxiway, or taxilane; in the related object-free area and aircraft approach or departure areaslzones; or obstructing any sign or marking. c. Runway resurfacing projects resulting in lips exceeding 3 inches (7.6cm) from pavement edges and ends. d. Heavy equipment (stationary or mobile) operating or idle near AOAs, in runway approaches and departures areas, or in OFZs. e. Equipment or material near NA V AIDs that may degrade or impair radiated signals and/or the monitoring of navigational and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown f. Tall and especially relatively low-visibility units (i.e., equipment with slim profiles)-cranes, drills, and similar objects-located in critical areas, such as OFZs and approach zones. g. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxilane or in a related safety, approach, or departure area h. Obstacles, loose pavement, trash, and other debris on or near AOAs Construction debris (gravel, 12 sand, mud, paving materials, etc.) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, loose materials may blow about, potentially causing personal injury or equipment damage. I I i. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate construction areas from open AOAs create aviation hazards. J j. Improper or inadequate marking or lighting of runways (especially thresholds that have been displaced or runways that have been closed) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOAs create aviation hazards. I I k. Wildlife attractants-such as trash (food scraps not collected from construction personnel activity), grass seeds, or ponded water-on or near airports I I. Obliterated or faded markings on active operational areas. I m. Misleading or malfunctioning obstruction lights Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards, I n. Failure to issue, update, or cancel NOT AMs about airport or runway closures or other construction-related airport conditions. o. Failure to mark and identify utilities or power cables. Damage to utilities and power cables during construction activity can result in the loss of runway/taxiway lighting; loss of navigational, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. . p. Restrictions on ARFF access from fire stations to the runway-taxiway system or airport buildings. I I I I q. Lack of radio communications with construction vehicles in airport movement areas. I r. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport I I I 1/17/03 I that could be distracting, confusing, or alarming to pilots during aircraft operations. I s. Water, snow, dirt, debris, or other contaminants that temporarily obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. I t. Spillage from vehicles (gasoline, diesel fuel, oil, etc.) on active pavement areas, such as runways, taxiways, ramps, and airport roadways. I u. Failure to maintain drainage system integrity during construction (e.g , no temporary drainage provided when working on a drainage system) I I I I I I I I, I I I I I I' AC 150/5370-2E v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuitS. w. Failure to control dust. Consider limiting the amount of area from which the contractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or fire ignition hazard. Identify and secure wiring, and place it in conduit or bury it. y. Site burning, which can cause possible obscuration. _ z. Construction work taking place outside of designated work areas and out of phase. 13 I 1/17/03 I AC 150/5370-2E APPENDIX 1. RELATED READING MATERIAL I 1. Obtain the latest version of the following free publications from the FAA on its Web site at http://www.faa.gov/arp/. In addition, these ACs are available by contacting the U.S. Department of Transportation, Subsequent Distribution Office, SVC- 121.23, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785. I I I a. AC 150/5200-28, Notices to Airmen (NOTAM) for Airport Operators. Provides guidance for the use of the NOT AM System in airport reporting. b. AC 150/5200-30, Airport Winter Safety and Operations Provides guidance to airport owners/operators on the development of an acceptable airport snow and ice control program and on appropriate field condition reporting procedures. I .1. c. AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports Provides guidance on locating certain land uses having the potential to attract hazardous wildlife to public-use airports. I d. AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. Provides guidance, specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. I: I e. AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection Provides guidance for the selection of a water source and standards for the design of a distribution system to support aircraft rescue and fire fighting service operations on airports. I I f. AC 150/5340-1, Standardsfor Airport Markings. Contains FAA standards for markings used on airport runways, taxiways, and aprons. g. AC 150/5340-14B, Economy Approach Lighting Aids Describes standards for the design, selection, siting, and maintenance of economy approach lighting aids. 1\ I I I I I h. AC 150/5340-18, Standards for Airport Sign Systems Contains FAA standards for the siting and installation of signs on airport runways and taxiways. i. AC 150/5345-28, Precision Approach Path Indicator (P API) Systems. Contains the FAA standards for PAPI systems, which provide pilots with visual glide slope guidance during approach for landing. j. AC 150/5380-5, Debris Hazards at Civil Airports Discusses problems at airports, gives infonnation on foreign objects, and explains how to eliminate such objects from operational areas k. AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace Provides information to persons proposing to erect or alter an object that may affect navigable airspace and explains the need to notify the FAA before construction begins and the FAA's response to those notices, as required by 14 CFR part 77. 2. Obtain copies of the following publications from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Send a check or money order made payable to the Superintendent of Documents in the amount stated with your request. The Government Printing Office does not accept C O.D. orders In addition, the FAA makes these ACs available at no charge on the Web site at http://www.faa.gov/arp/. a. AC 150/5300-13, Airport Design. Contains FAA standards and recommendations for airport design, establishes approach visibility minimums as an airport design parameter, and contains the object-free area and the obstacle free-zone criteria. ($26. Supt. Docs) SN050-007-01208-0. b. AC 150/5370-10, Standards for Specifying Construction of Airports Provides standards for construction of airports Items covered include earthwork, drainage, paving, turfing, lighting, and incidental construction ($18. Supt. Docs.) SN050-007- 0821-0. A-1 AC 150/5370-2E 1/17/03 I APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC I 1. AIR OPERATIONS AREA (AOA). Any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved or unpaved areas that are used or intended to be used for, the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. 2. CONSTRUCTION. The presence and movement of construction-related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft. 3. CERTIFICATED AIRPORT. An airport that has been issued an Airport Operating Certificate by the FAA under the authority of 14 CFR part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, or its subsequent revisions. 4. FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. The form submitted to the FAA Regional Air Traffic or Airports Division Office as formal written notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77, Objects Affecting Navigable Airspace (see AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, found at http://www.faa.gov/arp/). 5. FAA FORM 7480-1, NOTICE OF LANDING AREA PROPOSAL. Form submitted to the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport (found at http://www.faa.gov/arp/). 6. MOVEMENT AREA. The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive ofloading ramps and aircraft parking areas (reference 14 CFR part 139). 7. OBSTRUCTION. Any object/obstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C. A-2 8. OBJECT-FREE AREA (OFA). An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OF A for air navigation or aircraft ground maneuvering purposes (see AC 150/5300-13, Airport Design, for additional guidance on OF A standards and wingtip clearance criteria) 9. OBSTACLE-FREE ZONE (OFZ). The airspace below 150 feet (45m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NA V AIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches (refer to AC 150/5300-13 for guidance on OFZs). 10. RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13 11. T AXIW A Y SAFETY AREA. A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300- 13. 12. THRESHOLD. The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced 13. DISPLACED THRESHOLD. The portion of pavement behind a displaced threshold that may be available for takeoffs in either direction or landing from the opposite direction I I I I I .1 I I I I I 14. VISUAL GLIDE SLOPE INDICATOR (VGSI). This device provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicators (P APIs), visual approach slope indicators (V ASls), and pulse light approach slope indicators (PLASIs) :1 I I I I I I 1/17/03 I; AC 150/5370-2E APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE I Aviation Safety Requirements During Construction I PURPOSE. This appendix provides airport operators with boilerplatefonnat a1}d languagefor developing a safety plan for an airport'construction project. Adapt this appendix, as applicable. to specific conditions found on the airport for which the plan is being developed. Consider including a copy of this safety plan in the construction drawings for easy access by contractor personnel. Plans should contain the following' I I 1. GENERAL SAFETY REQUIREMENTS. I Throughout the construction project, the following safety and operational practices should be observed' . Operational safety should be a standing agenda item during progress meetings throughout the construction project. . The contractor and airport operator must perfonn onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope. change. . Airport runways and taxiways should remain in use by aircraft to the maximum extent possible. . Aircraft use of areas near the contractor's work should be controlled to minimize disturbance to the contractor's operation. . Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. I I I I I . Construction that is within the safety area of an active runway, taxiway, or apron that is perfonned under nonnal operational conditions must be perfonned when the runway, taxiway, or apron is closed or use-restricted and initiated only with prior pennission from the airport operator . The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location, and stand by until aircraft use is completed I I I I 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. I Before beginning any construction activity, the contractor must, through the airport operator, give notice [using the I I Notice to Ainnen (NOTAM) System] of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOT AM System. Throughout the duration of the construction project, the contractor must- a. Be aware of and understand the safety problems and hazards described in AC 150/5370-2, Operational Safety on Airports During Construction b. Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions d. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface over equipment and materials. (Refer to Appendix 2 in AC 150/5300-13, Airport Design, for guidance in this area.) 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA AND TSA). Limit construction to outside ofthe approved RSA, as shown on the approved airport layout plan-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA that is equal to the RSA available during construction (see AC 150/5370-2 for exceptions) Construction activity within the TSA is pennissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material, evacuations, trenches, or other conditions are conspicuously marked and lighted, and local NOT AMs are in effect for the activity (see AC 150/5300-13 for wingtip clearance requirements). The NOT AM should state that, "personnel and equipment are working adjacent to Taxiway_." a. Procedures for protecting runway edges. . Limit constmction to no closer than 200 feet (60m) from the runway centerline-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA A-3 AC 150/5370-2E 1/17/03 I that is equal to the RSA available during construction. . Coordinate construction activity with the Airport Traffic Control Tower (ATCT) and FAA Regional Airports Division Office or Airports District Office, and through the airport operator, issue an appropriate NOTAM. ,I · Prevent personnel, material, and/or equipment, as defined in AC 150/5300-13, 'Paragraph 306, "Obstacle Free Zone (OFZ)," from penetrating the OFZ. I Complete the follOWing chart to determine the area that must be protected along the runway edges' I .~~I:aA I I I I *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway. b. Procedures for protecting runway ends. . Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity-unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA length available during construction in accordance with AC 150/5300-13 This may involve the use of declared distances and partial runway closures (see AC 150/5370-2 for exceptions). . Ensure all personnel, materials, and/or equipment are clear ofthe applicable threshold siting criteria surface, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13. . Prevent personnel, material, and/or equipment, as defined in AC 150/5300- 13, from penetrating the obstacle-free zone. . Ensure adequate distance for blast protection is provided, as needed . Coordinate construction activity with the A TCT and FAA Regional Airports Division Office or Airports District Office, and through the airport operator, issue an appropriate NOT AM. . Provide a drawing showing the profile of the appropriate surfaces of each runway end where construction will take place. Where operations by turbojet aircraft are anticipated, review takeoff procedures and jet blast characteristics of aircraft and incorporate safety measures for construction workers in the contract documents I I I I ,I I I I I A-4 I I I 1/17/03 AC 150/5370-2E Complete the following chart to determine the area that must be protected before the runway threshold: I .IM.. : FEET I I I I ~: 1 to (threshold) _:FEET _' 1 to (threshold) : FEET _: 1 to (threshold) _: FEET _: 1 to (threshold) *See AC 150/5300-13, Airport Design, to complete the chart for a specific runway I 5. MARKING AND LIGHTING FOR TEMPORARY THRESHOLDS. I Marking and lighting for a temporary threshold is-"is not_ required. The airport owner or contractor, as specified in the contract, will furnish and maintain markings for temporary thresholds. Precision approach path indicators (PAP Is) or runway end identification lights (REIL) are-"are not_ required. The airport owner or contractor, as specified in the contract, will furnish and install all temporary lighting. Include appropriate items per AC 150/5370-2, Chapter 3, "Safety Standards and Guidelines." Ifmarking and lightingfor the temporary threshold is not required, delete this section of the safety plan If visual aids and/or markings are necessary, provide details (Include applicable 14 CFR part 77 surfaces in the contract documents) I I I. I 6. CLOSED RUNWAY MARKINGS AND LIGHTING. I The following must be specified for closed runways. Closed runway marking are -.--!are not_ required. Closed runway markings will be as shown on the plans -.--!as furnished by the airport owner-.--!other_ (specify). Barricades, flagging, and flashers are-.--!are not_required at Taxiway_ and Runway_and will be supplied by the airport _/other_(specify) I I 7. HAZARDOUS AREA MARKING AND LIGHTING. I Hazardous areas on the movement area will be marked with barricades, traffic cones, flags, or flashers (specify). These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, identify hazardous areas with red flashing or steady-burning lights (specify). The hazardous area marking and lighting will be supplied by I I I the airport operator!contractor, as specified in the contract, and will be depicted on the plans. 8. TEMPORARY LIGHTING AND MARKING. Airport markings, lighting, and/or signs will be altered in the following manner (specify) during the period from to The alterations are depicted on the plans 9. VEHICLE OPERATION MARKING AND CONTROL. Include the following provisions in the construction contract, and address them in the safety plans: a. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and properly identified To operate in those areas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome-type light, the color of which is in accordance with local or state codes b. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be at minimum 8-inch (20-cm) block-type characters of a contrasting color and easy to read They may be applied either by using tape or a water-soluble paint to facilitate removal. Magnetic signs are also acceptable In addition, vehicles must display identification media, as specified in the approved security plan. (This section should be revised to conform to the airport operator's requirements) A-5 AC 150/5370-2E c. Employee parking shall be (specify location), as designated by the airport manager_/ project engineer -'other_ (specify). d. Access to the job site shall be via (specify route), as shown on the plans-'designated by the engineer~designated by the superintendent~designated by the airport manager-'other_ (specify) e. At 14 CFR part 139 certificated and towered airports, all vehicle operators having access to the movement area must be familiar with airport procedures for the operation of ground vehicles and the consequences of noncompliance. f. If the airport is certificated and/or has a security plan, the airport operator should check for guidance on the additional identification and control of construction equipment 10. NA VIGA TIONAL AIDS. The contractor must not conduct any construction activity within navigational aid restricted areas without prior approval from the local FAA Airway Facilities sector representative. Navigational aids include instrument landing system components and very high-frequency omnidirectional range, airport surveillance radar. Such restricted areas are depicted on construction plans. 11. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction include- a. Prohibiting open-flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the airport operator (as tailored to conform to local requirements and restrictions). A-6 1/17/03 I b. Prominently marking open trenches, excavations, and stockpiled materials at the construction and lighting these obstaCles during hours of restricted visibility and darkness. I c. Marking and lighting closed, deceptive, and hazardous areas on airports, as appropriate. I d. Constraining stockpiled material to prevent its . movement as a result of the maximum anticipated aircraft blast and forecast wind conditions I 12. RADIO COMMUNICATIONS. I Vehicular traffic located in or crossing an active. movement area must have a working two-way radio in contact with the control tower or be escorted by a person in radio contact with the tower. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position. Construction personnel may operate in a movement area without two-way radio communication provided a NOT AM is issued closing the area and the area is properly marked to prevent incursions. Two-way radio communications are ---1are not_required between contractors and the Airport Traffic Control Tower_/FAA Flight Service Station~Airport Aeronautical Advisory Stations (UNICOM/CT AF)_ Radio contact is lis not_ required between the hours of _and _ Continuous monitoring is required ~or is required only when equipment movement is necessary in certain areas_, (This seciion may be tailored to suit the specific vehicle and safety requirements of the airport sponsor) I I I I I I 13. DEBRIS. Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. I I I I I I I I I 1/17/03 AC 150/5370-2E I APPENDIX 4. SAMPLE NOT AM I -~--- - AIRPORT I; FAA NOTAM# ' DATE: AIRPORT I.D. # TIME: I' NOTAMTEXT: I NOTIFICATON: I #### TOWER PHONE # INITIALS TIME CALLED IN BY I # # # # FSS PHONE # INITIALS TIME CALLED IN BY I AIRLINES I I CANCELLED: I NOTIFICATON: ####TOWER I PHONE # INITIALS TIME CALLED IN BY # # # # FSS I PHONE # INITIALS TIME CALLED IN BY I AIRLINES I I I A-7 I I I I I I I I I I I I I I I I I I I I SECTION 01035 WEATHER DELAYS PART 1 - GENERAL 1.01 EXTENSIONS OF CONTRACT TIME: A. Ifthe basis exists for an extension oftime in accordance with General Provisions 80- 07, an extension of time on the basis of weather may be granted only forthe number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for the entire construction duration of each phase as a whole. 1.02 STANDARD BASELINE FOR AVERAGE CLIMATIC RANGE: A. The Owner has reviewed weather data available from the National Oceanic and Atmospheric Administration (NOAA) and determined a Standard Baseline of average climatic range for the Augusta Airport - WSO. B. Standard Baseline shall be regarded as the normal and anticipatory number of calendar days for each month during which construction activity shall be expected to be prevented and suspended by cause of precipitation in excess of one-tenth inch (0.10") liquid measure. Suspension of construction activity for the number of days each month as listed in the Standard Baseline is included in the Work and is not eligible for extension of Contract Time. C. Standard Baseline (based upon precipitation in excess of one-tenth inch (0.10") liquid measure) established for this contract is as follows: Jan 7 Feb 7 Mar Apr 7 5 May Jun 7 6 Jul 8 Aug 6 Sept Oct 5 4 Nov Dec 4 6 1.03 ADVERSE WEATHER AND WEATHER DELAY DAYS: A. Adverse Weather is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within twenty-four (24) hours: 1. precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10") liquid measure; 2. temperatures which do not rise above 32 degrees F by 10:00 a.m.; 3. temperatures which do not rise above that specified for the day's construction activity by 10:00 a.m., if any is specified; 4. sustained wind in excess of twenty-five (25) m.p.h.; 01035-1 D. 5. standing snow in excess of one inch (1.00"); I I I I I I I I I I I I I I I I I I I 6. any day that the Owner has requested no work to be performed. B. A Weather Delay Day may be counted if adverse weather prevents work on the project for fifty percent (50%) or more of the Contractor's scheduled work day, including a weekend day or holiday if Contractor has scheduled construction activity that day. Adverse Weather may include "dry-out" or "mud" days, as determined by the Engineer such as: 1. For rain days above the standard baseline. 2. Only if there is a hindrance to site access or sitework, such as excavation, embankment, backfill, footings, etc. (see 4. & 5. below). 3. At a rate no greater than one (1) make-up day for each day or consecutive days of rain beyond the standard baseline that total 0.1 inch or more, liquid measure, if no substantial work is possible (see 4. & 5. below), unless specifically recommended otherwise by the Engineer. 4. If the Contractor's activity is limited to approximately 50% of the Contractor's activity before the Adverse Weather occurrence, then one-half (Yz) a weather delay day will be counted. For example if the Contractor is disking excavation and embankment areas to dry in situ moisture in the soils or hauling and placing unclassified excavation or borrow material to the embankment before an Adverse Weather occurrence, but is able to continue disking excavation and embankment areas or placing unclassified excavation or borrow material, one-half (Yz) a Weather Delay Day will be allowed. 5. If the Contractor's activity is liinited to minor activity when compared to the Contractor's activity before the Adverse Weather occurrence, then one (1) weather delay day will be counted. For example ifthe Contractor is disking excavation and embankment areas to dry in situ soils, hauling borrow material to embankment before an Adverse Weather occurrence, but is only able to disk excavation and embankment areas to dry them due to the Adverse Weather occurrence, one (1) Weather Delay Day will be allowed. C. If the Contractor is able to only perform disking operations to dry excavation and embankment areas due to in situ moisture in the soil, this is not considered an Adverse Weather occurrence or a Weather Delay Day and is considered to be a part of normal construction activities whether any other work can be performed or not. The Engineer will compile monthly weather data from the Local National Weather Station or from on site observations. 01035-2 I I I I I I I I I I I I I I' I I I I I The determination of Contractor's entitlement for any Weather Delay days, as defined hereinabove, will be based on the entire construction duration ofthe phase in lieu of a month-by-month consideration. The entitlements will consider those months that conditions are better or worse than the Standard Baseline established for this contract. For example: I. If the total number of standard baseline days for a Phase is forty one (41) days and there are thirty six (36) days with precipitation in excess of one tenth inch (0.10") liquid measure and ten (10) weather delay days, giving a total offorty six (46) rain and weather delay days. This would amount to five (5) days in excess ofthe total baseline days for that Phase. Five (5) additional days will be added to the time for that Phase. 2. If the total standard baseline for a Phase is forty one (41) days and there are twenty (28) days with precipitation in excess of one tenth inch (0.10") liquid measure and nine (9) weather delay days, giving a total of thirty seven (37) rain and weather delay days. This would amount to four (4) days better than the total baseline days for that Phase. Four (4) days will be deducted from the time for that Phase. Baseline days will be prorated when partial months are a part of a phase/stage or the overall contract time. For example: 1. If the contract or a phase begins on April 11, including April 11, there are twenty (20) calendar days remaining in April. Twenty (20) remaining calendar days divided by thirty (30) total calendar days in April equals 0.6667. Six (6) total baseline days established for April multiplied times 0.6667 equals four (4) baseline days for the remaining twenty calendar days in April. Section 01035, Weather Delays establishes an anticipated number of days of lost construction time for each month. 1. To calculate any liquidated damages for a phase/stage that is not completed on time, the number of baseline days for the actual total construction time for that phase/stage will be calculated from the standard baseline. 2. The number of weather delay days for the actual total construction time for that phase/stage will be calculated. 3. The difference in weather delay days and baseline days will then be calculated. Months that have less weather delay days than baseline days will result in a negative number. 01035-3 4. The resulting difference will then be added to the contract time for the phase/stage. 5. The difference in the actual total construction time and the contract time plus weather delay days in excess of the baseline for that phase/stage will determine if and what the actual amount of liquidated damages for that ,phase/stage will be. Using a hypothetical Phase 1 for example if: NUMBER OF FROM TO BASELINE ACTUAL WEATHER DAYS IN DAYS DELAY DAYS EXCESS OF BASELINE July 10, 1999 July 31, 1999 5 3 -2 Aug. 1, 2000 Aug. 31, 2000 7 11 +4 Sept. 1, 2000 Sept. 8, 2000 1 4 +3 13 18 +5 Phase 1 Contract Time 60 Phase 1 Contract Time + Number Of Weather Delay Days In Excess Of Baseline 65 Phase 1 Actual Construction Time 67 Phase 1 Days Of Liquidated Damages 2 END OF SECTION 01035 01035-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I PART 1 .Lill l..O2 PART 2 PART 1 .1Jl1 SECTION 01040 PROJECT COORDINATION GENRE AT, RET ,A TED DOCl TMENTS' All contract documents and drawings apply to work of this section. DESrRTPTTON OF WORK' , Minimum administrative and supervisory requirements necessary for coordination of work on the project include but are not necessarily limited to the following: 1. Coordination and meetings. 2. Surveys and records or reports. 3. Limitations on use of site. 4. Special reports. 5. General installation provisions. 6. Cleaning and protection. 7. Conservation and salvage. PROOl JCTS (Not applicable.) EXECT TTTON COORDTNATION AND MEETTNGS' A. General' The Contractor shall prepare a written memorandum on required coordination activities and include such items as required notices, reports and attendance at meetings. Distribute this memorandum to each entity performing work at the Project site. Prepare similar memorandum for separate Contractors where interfacing of their work is required. B. Preconstmction ronference' A Preconstruction Conference will be scheduled after award of Contract and prior to issuance of a Notice to Proceed. Key Project personnel representing the Prime Contractor and all major Subcontractors will be required to attend this Conference. All other parties involved with this Project, such as the Owner, Engineer, and FAA, will also be represented. The entire Construction Schedule will be reviewed carefully by all affected parties at the Preconstruction Conference. The Contractor(s) shall prepare a detailed Construction Schedule for review prior to and at the Preconstruction Conference. 01040-1 C. I I I I I I. I I I I I I I I I I I I I Coordination Meeting.'" The Contractor shall hold General Project Coordination Meetings at regularly scheduled times convenient for all parties involved. These meetings may be as often as weekly if required. These meetings are in addition to specified meetings held for other purposes, such as regular Project meetings and special Pre-installation Meetings. Request representation at each meeting by every party currently involved in coordination or planning for the work of the entire Project. Conduct meetings in a manner which will resolve coordination problems. Record results of the meeting and distribute copies to everyone in attendance and to others affected by decision or actions resulting from each meeting. 1. The Contractor shall conduct daily coordination meetings with the Engineer's representative, FAA and designated Owner's representative to coordinate construction and airport operations. D. Progress Meeting.c:;. Conduct progress meetings by teleconference weekly and at the project site monthly. Notify the Owner and Engineer of scheduled meeting dates. Coordinate dates of meetings with preparation of the payment request. E. Attendees' In addition to representatives of the Owner and Engineer, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by persons familiar with the project and authorized to conclude matters relating to progress. F. Aeenda' Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the project, and to airport operational safety during construction. 1. Contractor's Constmctlon Scnednle' Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 01040-2 I I I I I I I I I I I I I I' I I' I I I 2. Other: Review the present and future needs of each entity present, including such items as: Interface requirements. Time. Sequences. Deliveries. Off-site fabrication problems. Access. Site utilization. Temporary facilities and services. Hours of work. Hazards and risks. Housekeeping. Quality and work standards. Change orders. Documentation of information for payment requests. G. Re.,portlng' No later than 3 days after each progress meeting date, distribute copies of minutes of the meeting to each party present and to other parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. H. Schedule TJpd::iting' Revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. 3...02 STJRVRYS AND RRCORDSIREPORTS' . A. Con~tmctlon St::iklng' The Engineer has established survey base lines for the Contractor. The Contractor shall take all necessary precautions to prevent the loss or damage of primary control points. The Contractor will be responsible for staking required for construction. Working from lines and levels established by the design survey, establish and maintain bench marks and other dependable markers required for construction. Establish bench marks and markers to set lines and levels for work at each stage of construction and elsewhere as needed to properly locate each element of the project. Calculate and measure required dimensions as shown within recognized tolerances. Drawings shall not be scaled to determine dimensions. Advise entities performing work of marked lines and levels provided for their use. 01040-3 B. Survey Procednre~' Before proceeding with the layout of actual work, verify the layout information shown on the drawings, in relation to the property survey and existing bench marks. As work proceeds, check every major element for line, level and plumb. Maintain a surveyor's log or record book of such checks; make this log or record book available for the Engineer's teference. Record deviations from r.equired lines and levels, and advise the Engineer promptly upon detection of deviations that exceed indicated or recognized tolerances. Record deviations which are accepted, and not corrected, on record drawings. Survey work shall be performed by and under supervision of a professional (registered) land surveyor in the State of South Carolina. I I I I I I I I I I I I I I I I I I I C. QIl~lity of Work- The elevations of permanent and temporary bench marks shall be determined and recorded to the nearest 0.01 foot. Differential leveling and transit traverses shall be of such precision that the error of vertical closure in feet shall not exceed plus or minus 0.1 foot in 5000 feet. The angular error of closure for transit traverses shall not exceed 1.0 minute times the square root of the number of angles turned. Slope stakes shall be placed, as a minimum, at 100 foot stations, breaks in the original ground surface, and at any other intermediate stations necessary to insure accurate location for construction layout and measurement. Slope stakes and cross sections shall be perpendicular to the centerline. Significant breaks in grade shall be determined for cross sections. Distances shall be measured horizontally and recorded to the nearest 0.1 foot. Side shots for interim construction stakes may be taken with a hand level. D. Record~' All survey data shall be recorded in fully identified, standard hard- bound engineering survey field notebooks with consecutively numbered pages. All field notes and printed data shall include the purpose or description of the work, the date the work was performed, weather data, sketches and the personnel who performed and checked the work. Electronically generated survey data and computations shall be bound, page numbered and cross referenced in a bound field notebook containing the index for all. survey data and shall be signed and sealed by a registered Land Surveyor in the State of South Carolina. The construction survey records shall be available at all times during the progress of the work for examination and use by the Engineer and copies shall be made available to the Engineer upon request. The original field notebooks and other records shall be turned over to and become the property ofthe Owner prior to final acceptance of the work. 01040-4 I I I I I I I I I I I I I I I I I I I E. QA ~nrvey ~ervice~' Contractor shall furnish surveying services required to establish horizontal and vertical location of soil density tests by Owner's quality assurance testing laboratory. F. Rneineer ~erviceS' Engineer will furnish available benchmark and coordinate information at no cost to Contractor. 3Jl3. T JMTT A TTON~ ON T ISR OF THR ~TTR. A. General' Limitations on site usage as well as specific requirements that impact site utilization are indicated on the drawings and by other contract documents. Schedule deliveries so as to minimize space and time requirements for storage of materials and equipment on site. B. Waste ni~po~al' Waste materials shall be disposed of as specified elsewhere in Contract Documents. 3...04 MRASITRRMRNT ANT) PA YMRNT' No measurement or payment will be made for work in this item; it will be considered as incidental cost to Mobilization and other items of work. END OF SECTION 01040 01040-5 I I I I I I I I I I I I I I I I I I I SECTION 01090 REGULATIONS AND DEFINITIONS PART 1 GENERAL 1.01 RELATED DOCUMENTS: Drawings, General Provisions, Supplementary Conditions, Specifications, and other contract documents apply to work of this section. See Section 10 of General Provisions for additional definitions. 1.02 DESCRIPTION OF REQUIREMENTS: A. General: This section specifies procedural and administrative requirements for compliance with governing regulations, codes and standards imposed upon the work. These requirements include obtaining permits, licenses, inspections, releases and similar documentation, as well as payments, statements and similar requirements associated with regulations, codes and standards. The term "Regulations" is defined to include laws, statutes, ordinances and lawful orders issued by governing authorities, as well as those rules, conventions and agreements within the construction industry which effectively control the performance of the work regardless of whether they are lawfully imposed by governing authority or not. B. Governing Regulations: Refer to General Provisions, Supplementary Conditions, and General Requirements for requirements related to compliance with governing regulations. 1.03 DEFINITIONS: A. General Explanation: Certain terms used in contract documents are defined in this article. Definitions and explanations contained in this section are not necessarily complete, but are general for the work to the extent that they are not stated more explicitly in another element of the contract documents. B. General Requirements: Provisions and requirements of Division 1 sections apply to the entire work of the contract and, where so indicated, to other elements which are included in the project. 01 090-1 C. I I I I I I, I I I I I I I I I I I I I Indicated: The term "indicated" is a cross-reference to graphic representations, notes or schedules on the drawings, to other paragraphs or schedules in the specifications, and to similar means of recording requirements in contract documents. Where terms such as "shown", "noted", "scheduled", and "specified" are in lieu of "indicated" , it is for the purpose of helping the reader locate the cross-reference, and no limitation of locations is intended except as specifically noted. ' D. Directed, Requested, etc;: Terms such as "directed", "requested", "authorized" , "selected" , "approved" , "required" , "accepted" , and "permitted" mean "directed by the Engineer", "requested by the Engineer", and similar phrases. However, no such implied meaning will be interpreted to extend the Engineer's responsibility into the Contractor's area of construction supervision. E. Approved: Where used in conjunction with the Engineer's response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the term "approved" will be held to limitations of the Engineer I s responsibilities and duties as specified in General Provisions and Supplementary Conditions. In no case will the Engineer's approval be interpreted as a release of the Contractor from responsibilities to fulfill requirements of contract documents or acceptance of the work, unless otherwise provided by requirements of the contract documents. F. Project Site: The term "project site" means the space available to the Contractor for performance of the work, either exclusively or in conjunction with others performing other construction as part of the project. The extent of the project site is shown on the drawings. G. Furnish: The term "furnish" is used to mean "supply and deliver to the project site, ready for unloading, unpacking, assembly, installation, and similar operations." H. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations. " 1. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." 01090-2 I I I I, I I I I I I I I I I I I I I I J. Installer: The "installer" is the "the entity" (person or firm) engaged by the Contractor, its subcontractor or sub-subcontractor for performance of a particular element of construction at the project site, including installation, erection, application and similar required operations. It is a requirement that installers are experienced in the operations they are engaged to perform. K. Incidental To: The term "incidental to" shall mean that the cost associated with a designated particular work element shall be considered to be included in the unit price of the item (or items) that the particular element is prescribed to be incidental to. 1.04 SUBMITTALS: Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION 01090 01090-3 I I I I I I I I I I I I I I I I I I I SECTION 01150 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 DESCRIPTION: A. Method of Measurement and Payment: This section supplements Section 90 of the General Provisions and establishes the method of measurement and payment for work performed under this contract. . B. Unit Price: Except where lump sum is indicated, payment. for work performed shall be made on a unit price basis in accordance with the accepted bid and the method of payment provided in the General Provisions. C. Related Requirements in Other Parts of the Specifications: 1. Bid (proposal). 2. Agreement. 3. Conditions of the Contract. D. Related Requirements Specified in Other Sections: 1. Scope of Work - Section 01010. 2. Submittals - Section 01300. 3. Contract Closeout - Section 01700. E. Work With No Identified Payment Items: No additional payment will be made for items of work for which a separate payment item is not specified or contained in the Bid Schedule; such work shall be deemed incidental to the project and payment for said work shall be considered as included in the various unit bid prices. 1.02 APPLICATIONS FOR PAYMENT: A. Submittal Schedule: Submit Applications for Payment to the Engineer in accordance with the schedule established by Conditions ofthe Contract and Agreement between Owner and Contractor. B. Format and Data Required: 1. Submit Applications for Partial Payment on the form required by Owner with itemized data typed on 8 1/2 x 11 inch white paper continuation sheets. 01150-1 2. Provide itemized data on continuation sheet: Format, schedules, line items and values: Those of the Schedule of Values accepted by the Engineer. I I I I I I, I I I I I I I I I I I I I c. Preparation of Application for Each Progress Payment: 1. Application Form: a. Fill in required information, including that for Change Orders executed prior to the date of submittal of application. b. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. c. Execute certification with the signature of a responsible officer of the contract firm. 2. Continuation Sheets: a. Fill in total list of all scheduled component items of work, with item number and the scheduled dollar value for each item. b. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored. Round offvalues to the nearest dollar, or as provided in the bid. 3. List each Change Order executed prior to the date of submission, at the end of the continuation sheets. a. List by Change Order and description, as for an original component item of work. 4. Submit Applications for Payment to Owner at the times stipulated in the Agreement. a. Number: Four copies of each Application. D. Substantiating Data: 1. . When the Owner or Engineer require subst~ntiating data, Contractor shall submit suitable information with cover letter identifying: a. Project. b. Application number and date. c. Detailed list of enclosures. 01150-2 I I I I I I I I I I I I I I I I I I I d. For stored products: Item number and identification as shown on application. e. Description of specific material. 2. Submit one copy of data and cover letter for each copy of appHcation. E. Preparation of Application for Final Payment: 1. Fill in application form as specified for progress payments. 2. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700 - Contract Closeout. 1.03 CHANGE ORDER PROCEDURES: A. Format and Data Required: 1. Change Orders shall be prepared and submitted and will be processed in accordance with requirements of General Provisions and Funding Agency Requirements. 2. Engineer will transmit Certificate for Change to Owner and Agency for approval. 3. When Owner and Agency approval is received, Change Order will be included under next partial Application for Payment. 4. When the Owner or Engineer require substantiating data, Contractor shall submit suitable information with cover letter identifying: a. Actual cost ofmaterials/equipment. b. All costs of labor and equipment including number of men/equipment and hourly rates. c. All overhead and profit data. d. If work to be done by a subcontractor, then provide detail of the subcontractor's actual costs (both labor and materials), and all overhead and profit data. 1.04 MEASURES AND WEIGHTS: A. Contractor Assistance: To aid the Owner in determining all quantities, the Contractor shall, whenever so requested, provide scales, equipment and assistance for weighing or for measuring any of the materials at no cost to the Owner. B. Weights and Measures: Quantities for payment will be the actual weight or actual measure, and no special or trade or so-termed customary allowances 01150-3 will be made, nor will any material which is lost or misplaced be included for payment. C. Use of Planimeter: For estimating quantities in which computation of areas by geometric methods would be comparatively laborious, it is agreed that the planimeter shall be considered an instrument of precision to the measurement . of such areas. D. Precedence of Dimensions: Figured dimensions on drawings shall take precedence over measurement by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them and not as indicating extra work. PART 2 PRODUCTS (Not Applicable) EXECUTION (Not Applicable) PART 3 END OF SECTION 01150 01150-4 I I I I I I I I I I I I I I I I I I I I I I I I I .1 I I I I I I I I I I I I SECTION 01300 SUBMITT ALS PART 1 GENERAL 1.01 SUBMITTALS BY CONTRACTOR: A. Construction Progress Schedule. B. Certifications as specified in the various sections. C. Shop Drawings and Project Data as specified in the various sections. D. Miscellaneous: 1. Equipment Manuals. 2. Weekly Payroll. 3. EEO Reports. 4. DBE Expenditure Report. 5. Safety Plan. 6. Security Plan. 7. Warranties and Bonds. 8. QC Plan. 9. Other( s) as required. 1.02 PROGRESS SCHEDULE: A. Bar-Chart Schedule: Submit a bar-chart construction schedule 7 calendar days prior to the preconstruction conference date established for the work. On the schedule, indicate a time bar for each major category or unit of work to be performed at the site, properly sequenced and coordinated with other elements of work. Show completion of the work sufficiently in advance of the date established for substantial completion of work. B. Sequencing: Arrange schedule with notations to show how sequence of work is affected by requirements for phased completion, limitations of continued utilization, non-interruptible services, use prior to substantial completion, site restrictions, roadway closures, provisions for future work, seasonal variations, environmental control, and similar provisions oftotal project. The sequencing/safety schedule is required at least 10 days prior to the preconstruction meeting. Each subsequent phasing schedule is required at 01300-1 least two weeks before the phase is to begin. Refer to other sections of Division 1 and other contract documents for requirements. C. Distribution: Following the initial submittal to and response by the Engineer, print and distribute progress schedules to the Engineer (3 copies), Owner, separate contractors, principal subcontractors and suppliers or fabricators, and others with a need-to-know schedule-compliance requirement. Post copies in the project meeting room and temporary field office. When revisions are made, distribute updated issues to the same entities and post updated issues in the same locations. Delete entities from distribution when they have completed their assigned work and are no longer involved in the performance of scheduled work. D. Update: Contractor shall update the schedule monthly for duration of construction. 1.03 SHOP DRAWINGS AND PRODUCT DATA: A. Scope: Submit shop drawings, certifications, and product data for all products to be incorporated in the work. B. Shop Drawings Will: 1. Be original drawings, prepared by the Contractor, subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. 2. Be prepared by a qualified detailer. 3. Identify details by reference to sheet and detail numbers shown on Contract Drawings. 4. Be sheet size 24 in. x 36 in. 5. Be reproduced for submittals on opaque diazo prints or blueprints. C. Product Data Will: 1. Include manufacturer's standard schematic drawings. The Contractor will: a. Modify drawings to delete information, which IS not applicable to project. b. Supplement standard information to provide additional information applicable to project. 01300-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Include manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data. The Contractor will: a. Clearly mark each copy to identify pertinent materials or products. b. Show dimensions and clearances required. c. Show performance characteristics and capacities. D. The Contractor Will: 1. Be responsible for all submittals. 2. Review shop drawings and product data prior to submission. 3 . Verify: a. Field measurements. b. Field construction criteria. c. Catalog numbers and similar data. 4. Coordinate each submittal with the requirements of the work and of the Contract Documents. -5. Notify the Engineer, in writing at time of submission, of deviations in submittals from requirements of the Contract Documents. 6. Begin no work which requires submittals until the return of submittals with the Engineer's stamp and initials or signature indicating review. 7. After the Engineer's review, distribute copies. E. Contractor's Responsibilities: 1. Contractor's responsibility for errors and omissions in submittals is not relieved by the Engineer's review of submittals. 2. Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Engineer's review of submittal, unless the Engineer gives written acceptance of specific deviations. 01300- 3 F. Submission Requirements Include: I I I I I I I I I I I I I I I I I I I 1. The shop drawings shall be submitted in sufficient time to allow discussion and correction prior to beginning the work. Work shall not be performed nor materials ordered prior to the review of the drawings except at the Contractor's risk. 2. Submit 6 copies of all shop drawings after which one copy will be returned for correction or marked reviewed as noted. Any drawings returned for correction must be resubmitted with same number of copies as required above. 3. All submittals must be accompanied by a transmittal letter, III , i duplicate, containing: a. Date. b. Project title and number. c. Contractor's name and address. d. The number of. each shop drawing and product data submitted. e. Notification of deviations from Contract Documents. [ Other pertinent data. 4. Submittals shall include the following, as applicable: a. Date and revision dates. b. Project title and number. c. The names of: (1) Engineer. (2) Contractor. (3) Subcontractor. (4) Supplier. (5) Manufacturer. (6) Separate detailer when pertinent. d. Identification of product or material. e. Relation to adjacent structure or materials. f. Field dimensions, clearly identified as such. 01300-4 I I I I I I I I I I I I .1 I I I I I I g. Specification item or section number. h. Applicable standards, such as ASTM number or Federal Specification. 1. A blank space, 5 in. x 5 in., for the Engineer's stamp. J. Identification of deviations from the Contract Documents. k. Contractor's stamp, initialed or signed, certifYing Contractor's review of submittal,' verification of field measurements, and compliance with Contract Documents. G. Resubmission Requirements Include: 1. Revision of initial drawings as required and resubmittal as specified for initial submittal. 2. An indication on the drawings of any changes which have been made, other than those requested by the Engineer. 3. On product data resubmittals, include new data as required for initial submittal. H. . Distribution to Others: After review and approval, the Contractor will distribute copies of shop drawings and product data which carry the Engineer's stamp to others as may be required. 1. Shop Drawings and Product Data: 1. Submit notarized certifications cosigned by manufacturer/supplier and Contractor for: a. All fencing components (Fabric, barb wire, etc.); b. Filter Fabric; c. Rip Rap; d. Concrete. 01300-5 2. Submit shop drawings, product data and steel placement plans for: All other products as required by the drawings, specifications ,and Engineer. 1.04 MISCELLANEOUS: A. Equipment Manual: Prepare an Installation, Operation, and Maintenance Manual for all airport lighting and other equipment installed as a part of this contract. This manual shall be a vinyl notebook with ring bound compilation of manufacturers' instructions and maintenance manuals. Prepare this manual, marking out sections which do not apply, and present four (4) copies to the Owner through the Engineer after the final inspection is complete. Final payment will not be processed until the Owner has received and accepted the Manual. B. Weekly Payrolls: 1. In accordance with Section 100 of the General Provisions submit certified weekly payrolls for prime contractor and all subcontractors working at project site. 2. Submit payrolls no later than 7 calendar days after pay period. Payrolls will be considered current if received within 10 calendar days after last workday of payroll workweek. A workweek is the seven day period between midnight Sunday and midnight the following Sunday. 3. The Contractor is responsible for submission of payrolls by his subcontractors. 4. Submit a typed summary sheet with each payroll submission listing by week when contractor and each subcontractor worked at site. 5. A payroll submission is only required for weeks when Contractor or subcontractor is actually working at the site. C. EEO Reports: 1. Contractor shall submit Monthly Employment Utilization Report and Annual EEO-l Report to the appropriate Federal Labor Area Office in accordance with Section 100 of the General Provisions. Submit copy of submittal to Owner for his records. 2. Prime Contractor shall insure that all his first tier subcontractors submit these reports and shall submit a sworn statement to Owner 01300-6 I I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PART 2 PART 3 monthly certifying that all subcontractor reports have been submitted as required. D. DBE Expenditure Reports: With each application for payment, the Contractor shall submit his DBE : expenditure report indicating the name, date and amount disbursed to his DBE subcontractors for the period as well as for the project to date expenditure. E. Security Plan: At preconstruction conference submit for approval, proposed security plan describing specifically how security will be maintained at each access point and work area by Contractor's forces. ' ' F. Warranties and Bonds: Submit as specified in Section 01740. PRODUCTS (Not Applicable) EXECUTION (Not Applicable) END OF SECTION 01300 01300-7 I I I I I I I I I I I I I I I I I I I PART 1 SECTION 01510 TEMPORARY FACILITIES GENERAL 1.01 DESCRIPTION: 1.02 PART 2 A. Contractor shall furnish, install and maintain temporary utilities required for construction and other temporary facilities as indicated; remove on completion of work. B. Related requirements are specified in other sections of the specifications. REQUIREMENTS OF REGULATORY AGENCIES: A. Comply with National Electric Code. B. Comply with Federal and Local codes and regulations and with utility company requirements. PRODUCTS 2.01 PART 3 MATERIALS, GENERAL: Materials and equipment may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. Acceptability of all items will be determined by the Engineer. EXECUTION 3.01 3.02 TEMPORARY ELECTRICITY AND LIGHTING: Provide temporary electrical service required for power and lighting, and pay all costs for service and for power used. TEMPORARY WATER: A. Provide water for construction purposes; pay all costs for installation, maintenance and removal, and service charges for water used. 01510-1 B. The site is served by a municipal water system. The Contractor shall make arrangements for securing and providing necessary water as required for the performance of the work. 3.03 TEMPORARY SANITARY FACILITIES: A. Provide sanitary facilities in compliance with laws and regulations. B. Service, clean and maintain facilities and enclosures. 3.04 TEMPORARY SUPPORT FACILITIES: A. General: Provide reasonably neat and uniform in appearance temporary support facilities acceptable to the Engineer and the Owner. B. Siting: Locate field offices, storage and fabrication sheds and other support facilities for easy access to the work. Position office so that windows give the best possible view of construction activities. C. Maintenance: Maintain field offices, on-site plants, storage and fabrication sheds, temporary sanitary facilities, waste collection and disposal systems, and project identification and temporary signs until project completion. D. Airfield Communications: 1. Contractor shall furnish his construction personnel with sufficient truck and hand-held transceiver radios to allow all construction locations to be in radio contact with the Airport Operations Department. When working within active runway or taxiway safety areas, project superintendents shall be in constant radio contact with ATCT and shall be responsible for controlling the movement of project equipment, vehicles and personnel. 2. The Contractor shall also furnish the Engineer's resident project representative 1 (one) transceiver radio for his exclusive use for the duration of the project. The radio shall be a Bendix King KX-99 handheld transceiver or approved equal with the following accessones: A. 115v AC wall Charger. B. Ear phone. C. Car cigarette lighter DC Charger. D. One spare battery. 3. The Contractor will not be directly compensated for providing two- way radios as this work is considered incidental to the work covered 01510-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I by the various contract items. All radios shall remain the property of the Contractor at the completion ofthe project. E. Staging Area: Contractor shall prepare his staging area by grading, drainage, and placing a six (6) inch thick CABC over the entire staging area. The access road(s) shall be constructed of materials and a thickness that will : adequately support the Contractor's proposed equipment and vehicles. The Contractor shall apply a periodic 'top dressing to the CABC in order to minimize any fugitive dust or mud during the construction period. Upon completion of the project, the base shall be completely removed, the site graded to drain, and then seeded with bermuda seed and mulched to the satisfaction ofthe Owner. F. Access and Haul Roads:' 1. The locations of access and haul roads will be approved by the Engineer and are shown on the drawings. These roads will be located to minimize conflict with Airport operations and shall be maintained, well defined, and confined to the minimum area required. Damaged roads shall be promptly repaired by the Contractor to the satisfaction of the Engineer at no cost to the Owner. The Contractor shall construct a haul route of adequate materials and thickness to support his/her equipment and vehicles to access the proposed staging area site and remove this haul route upon completion of the project. 2. The Contractor shall maintain the access and haul roads and shall monitor the roads as required to create no dust. All project traffic must be routed through these areas. The Contractor shall provide all markings required to clearly define the access and haul roads. 3. The Contractor will be responsible for obtaining any necessary driveway permit(s) from local agencies for access and haul roads. 4. If access or haul routes cross a utility, the Contractor shall protect the utility as directed by the Owner of the utility. 5. There shall be no direct payment for the construction, maintenance, and removal of all access and haul roads. 6. Access routes that cross existing FAA NA V AID cables shall be bridged with a 1" thick by 5 foot wide steel plate(s) that span the width of the access route to protect the existing FAA cable(s) as directed by the Engineer. 3.05 EXECUTION, GENERAL: Maintain and operate systems to assure continuous service. 01510-3 3.06 REMOVAL: A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. Restore grassed and paved ,areas to their pre- construction condition. 3.07 MEASUREMENT AND PAYMENT: No measurement and payment for Temporary Facilities will be made. All provisions of this section other than that listed below, including their removal costs shall be included in Item 01000, Mobilization. END OF SECTION 01510 01510-4 I I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 01600 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.01 GENERAL: A. Material and Equipment (Products) Incorporated Into the Work: 1. Shall conform to applicable specifications and standards. 2. Shall comply with size, make, type and quality specified, or as specifically approved in writing by the Engineer. 3. Shall not be used for any purpose other than that for which it is designed or is specified. B. Manufactured and Fabricated Products: 1. Design, fabricate and assemble in accord with the best engineering and shop practices. 2. Manufacture like parts of duplicate units to standard sizes and gages, to be interchangeable. 3. Products shall be suitable for service conditions. 4. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved by Engineer in writing. C. Related Requirements in Other Parts ofthe Project Manual: 1. Conditions of the Contract. D. Standardization: 1. Unless otherwise approved by the Engineer, items and equipment of a similar type and function shall be furnished by one manufacturer to standardize on replacement parts, service calls, operation and maintenance matters, and to avoid a division of responsibility among several manufacturers. 01600-1 2. A single supplier shall be used on principal items of equipment and systems where one or more components are not manufactured by the principal supplier; this is required to place performance and service responsibilities for the entire unit or system with only one supplier or manufacturer. 1.02 PRODUCTS SUBSTITUTIONS AND OPTIONS: A. Products List: 1. Contractor shall submit a complete list of products to be incorporated into the work (with the name of the installing contractor) at the Preconstruction Conference required by these specifications. B. Contractor's Options: 1. For products specified only by reference standard, select any product meeting that standard. 2. For products specified by naming several products or manufacturers, select anyone of the products or manufacturers named, which complies with the specifications. C. Product Substitutions: 1. Contractor shall submit, at the Preconstruction Conference, all requests for product substitutions. No requests for substitutions will be accepted from manufacturers or suppliers. 2. Submit a separate written request for each product, supported with complete data, with drawings and samples as appropriate, including: a. Comparison ofthe qualities of the proposed substitution with that specified. b. Changes required in other elements ofthe work because ofthe substitution. c. Effect on the construction schedule. d. Cost data comparing the proposed substitution with the product specified. 01600-2 I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I I I I I I I I e. Any required license fees or royalties. f. Availability of maintenance servIce, and source of replacement materials. 3. Engineer shall be the judge of the equality ~d acceptability of the proposed substitution. 4. If Engineer determines the proposed substitute product is not "equal" to the specified product, the Contractor must provide the specified product, subject to Engineer's shop drawing review and approval. 5. No further requests for substitutions will be considered after Preconstruction Conference. D. Contractor's Representation: A request for a substitution constitutes a representation that Contractor: 1. Has investigated the proposed product and determined that it is equal to or superior in all respects to that specified. 2. Will provide the same warranties or bonds for the substitution as for the product specified. 3. Will coordinate the installation of an accepted substitution into the work, and make such other changes as may be required to make the work complete in all respects. 4. Waives all claims for additional costs, under his responsibility, which may subsequently become apparent. E. Engineer's Review: Engineer will review requests for substitutions with reasonable promptness and notify Contractor, in writing, of the decision to accept or reject the requested substitution. 1.03 MANUFACTURER'S INSTRUCTIONS: A. Printed Instructions: When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, Contractor shall obtain and distribute copies of such instructions to parties involved in the installation, including copies to Engineer. 1. Maintain one set of complete instructions at the job site during installation and until completion. 01600-3 B. Strict Compliance: Handle, install; connect, clean, condition, and adjust products in strict accord with such instructions and in conformity with specified requirements. 1. Should job . conditions or specified requirements conflict with manufacturer's instruction, 'consult with Engineer for further instructions. 2. Do not proceed with work without clear instructions. C. Complete Compliance: Perform work in accord with manufacturer's instructions. Do no omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1.04 TRANSPORTATION AND HANDLING: A. Deliveries: Contractor shall arrange deliveries of products in accord with construction schedules; coordinate to avoid conflict with work and conditions at the site. 1. Deliver products in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. 2. Immediately on delivery, inspect shipments to assure compliance with requirements of contract documents and approved submittals, and that products are properly protected and undamaged. B. Handling: Provide equipment and personnel to handle products by methods to prevent soiling or damage of products or packaging. 1.05 STORAGE AND PROTECTION: A. Storage: Store products in accord with manufacturer's instructions, with seals and labels intact and legible. ' L Store products subject to damage by the elements in weathertight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 01600-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PART 2 PART 3 B. Exterior Storage: 1. Store fabricated products above the ground, on blocking or skids; prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings; provide adequate ventilation to avoid condens~tion. 2. Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with forei~ matter. C. Storage Inspection: Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored products to assure that products are maintained under specified conditions, and free from damage or deterioration. D. Protection After Installations: Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove when no longer needed. PRODUCTS (Not Applicable) EXECUTION (Not Applicable) END OF SECTION 01600 01600-5 I I I I I I I I I I I I I I I I I I I SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 GENERAL: A. Comply with requirements stated in conditions of the contract and in specifications for administrative procedures in closing out the work. B. Related requirements in other parts ofthe Project Manual: 1. Fiscal provisions, legal submittals and additional administrative requirements: Conditions of the contract. C. Related requirements specified in other sections: 1. Closeout submittals required of trades: The respective sections of specifications. 2. Project Record Documents: Section 01720. 3. Warranties and Bonds: Section 01740. 1.02 SUBSTANTIAL COMPLETION: The conditions and procedures for inspection; and Contractor's, Engineer's and Owner's responsibilities pertaining to substantial completion are as specified in the General Provisions and in the Supplementary Conditions. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 FINAL INSPECTION: A. Shall be in accordance with conditions and procedures outlined in the Contract Documents. B. When Engineer finds that the work is acceptable under the Contract Documents, he will request required Contractor's Closeout Submittals. 01700-1 3.02 REINSPECTION FEES: A. Should Engineer perform reinspections due to failure ofthe work to comply with the claims of status of completion made by the Contractor: 1:. Owner will compensate Engi~eer for such additional services. 2. Owner will deduct the amount of such compensation from the final payment due the Contractor. 3.03 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER: A. Evidence of compliance with requirements of governing authorities: 1. Certificates of Inspection. B. Project Record Documents: Conform to requirements of Section 01720. To be submitted as a condition for release of final payment (including retainage). C. Warranties and Bonds: Conform to requirements of Section 01740. D. Evidence of payment and release of liens: To requirements of General Provisions and Supplementary Conditions. E. Certificates of Insurance for products and completed operations. F. Once the Engineer has determined the work is acceptable under the Contract Documents, he will furnish the Contractor appropriate number of copies of the following forms, copies of which are attached: a) Contractor Warranty Form b) Affidavit of Payment c) Affidavit of Release of Liens d) Final Waiver of Lien e) Consent of Surety for Final Payment f) Final DBE Participation Report 3.04 PAYMENT: No separate payment will be made under this section for work described or specified herein. END OF SECTION 01700 01700-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CONTRACTOR WARRANTY FORM PROJECT: LOCATION: OWNER: We , Contractor (Company Name) for the above-referenced project, do hereby warrant all the labor and materials furnished and work performed are in accordance with the Contract Documents and authorized modifications thereto, and will be free from defects due to the defective materials or workmanship for a period of one year from Date of Substantial Completion. This warranty commences on Date of Substantial Completion and expires on This warranty covers that portion of the project described below: Should any defect develop during the warranty period due to improper materials, workmanship or arrangement, the defect shall, upon written notice by the Owner, be made good to the Undersigned at no expense to the Owner. Nothing in the above shall be deemed to apply to work that has been abused or neglected by the Owner. DATE: FOR: (Company Name) BY: TITLE: I I I I I I I I I I I I I I I I I I I AFFIDAVIT OF PAYMENT To All Whom It May Concern: WHEREAS, the undersigned has been employed by to furnish labor and materials for work, for III under a contract the improvement of property described as the of of which County of , State of is the Owner, NOW, THEREFORE, this _ day of ,20_, The undersigned, as the Contractor for the above-named Contract pursuant to the Contract hereby certified that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor and services performed, and for all indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) ATTACHMENTS: I. Consent of Surety afFinal Payment. (Whenever Surety is involved, Consent of Surety is required.) 2. Contractor's Release or Waiver Liens, conditional upon receipt of final payment. 3. Separate Releases or Waivers of Liens form Subcontractors and material and equipment suppliers. 4. Contractor's Affidavit of Release Lien. (SEAL) CONTRACTOR (Name of sole ownership, corporation or partnership) (Affix corporate seal here) (SEAL) (Signature of Authorized Representative) TITLE: I I I I I I I I I I I I I I I I I I I AFFIDAVIT OF RELEASE OF LIEN To All Whom It May Concern: WHEREAS, the undersigned has been employed by to furnish labor and materials for work, for In under a contract the improvement of property described as the of of which County of , State of is the Owner, NOW, THEREFORE, this _ day of ,20_, The undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services, who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) ATIACHMENTS: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers. (SEAL) CONTRACTOR (Name of sole ownership, corporation or partnership) (Affix corporate seal here) (SEAL) (Signature of Authorized Representative) TITLE: I I FINAL WAIVER OF LIEN I To All Whom It May Concern: I WHEREAS, the undersigned has been employed by to furnish labor and materials for contract for the improvement of property described as in the work, under a (City-Village) of I County of , State of of which is the Owner, I NOW, THEREFORE, this _ day of ,20_, I for and in consideration of the sum of (E) I I Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above-described premises, and the improvements thereon, and on the monies or other considerations due to become due from the owner, on account of labor, services, material, fixtures, apparatus of machinery heretofore or which may hereafter be furnished by the undersigned to or for the above-described premises by virtue of said contract. I (F) , (SEAL) (Name of sole ownership, corporation or partnership) I (Affix corporate seal here) (SEAL) (Signature of Authorized Representative) TITLE: I I INSTRUCTIONS FOR FINAL WAIVER I (A) Person or finn with whom you agreed to furnish either labor, or services, or materials, or both (8) Fill in nature and extent of work; strike the word labor or the word materials ifnot in your contract (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work ,I (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted I (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner I Construction Industry Affairs Committee of Chicago I I I I I I I I I I' I I, I I I I I I I I, I CONSENT OF SURETY For Final Payment Project Name Location Project No. Contract No. Type of Contract Amount of Contract In accordance with the provisions of the above-named contact between the Owner and the Contractor, the following named surety: on the Payment Bond ofthe following named Contractor: hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the following named Owner: as set forth in said Surety company's bond: IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _ day of 20 (Name of Surety Company) (Signature of Authorized Representative) (Affix corporate seal here) TITLE IF SIGNED BY ATTORNEY-IN-FACT POWER OF ATTORNEY MUST BE ATTACHED. I I I I I '8 ~CQ 2;2; ~. ~~ I, <C Q ~~ ~~ I' ~~ ~ ~~ 00 I, 0 E-<E-< ~ ~ ~ I z 0 0 0 E-< ~ ~ I < ~ '8 ~ ~CQ U ~ 2;~ I ~ >i1~ < Z3~ ~ ';I?'$. ~ I ~ ~ I, I' ~ I' 0 ~ ~ I ~ Q I' 0 0 0 ~ ~ - ~ z 0 >i1 0 E-< E-< E-< P.. Z U U U E-< I E-< ~ ~ ~ ~ ~ 0 ~ ~ P.. ~ 0 0 U U U U I VJ d~ ~<C ~~ ~E-< ~ ~Q VJO d(:2 ~~ ~~ ~~ ~ . 0>i1 ugJ g5d VJ<C ~ 0 '~ gJo VJu ~ . ~~ 00 I P..o::: ~~ VJ,....4 >i1 D D D D D ~ ~ D D D D D CQ Q Z S~ ~o o:::~ U~ [go Q ~ 0 E-< U Z3u g5 VJ P:i E-< Q<C ~ ~~ ~ ~ of-< Q &lfS 0 ~ >i1E-< Q Q E-< p..U 0 0 Q Cl ~i E-< E-< ~ 0 VJ VJ b d d ~ I 0 ~u I ffi ~ o~ 0 P.. ~ ~- ~ w ~g:; >i1 ~ >i1 ~ CQ ~ 0 >?-< Q ~ 0 ~CQ ~ ~ ~ ~ 0 !"-< E-< ~ 0 0 0 0 '1Z 0 E-< E-< E-< ~ w CQ CQ Q ~ " >i1 ~.~ ~E-<55 ou _ ~~~tJ fE05~ E-<ut=:~ E-<~g~ ~~~~ ~~u,....4 E-< o~ 0::: ~ Q d 'f!3 ~ d<C;2; UE-<7>_ ?-<~~<cE-< ~:4~VJ?-< ~~~~~ -~~~~ ~ b E=: o'/l w ~ ;:J ~ ~ "" I I I I I I I' I I I t I -If I ,Ii I I' I I SECTION 01710 CLEANING AND DISPOSAL PART 1 GENERAL 1.01 DESCRIPTION: A. Contractor shall execute cleaning during progress of the work and at completion ofthe work, as required by General Provisions. 1.02 DISPOSAL REQUIREMENTS: A. Conduct cleaning and disposal operations to comply with all local, state and federal codes, ordinances, regulations, and anti-pollution laws. B. All disposal of waste materials shall be off-site at approved locations. C. Contractor shall be responsible for arranging for and obtaining off-site disposal areas, including payment for all costs associated with such disposal. 1.03 SUBMITTALS: A. Prior to beginning work, submit a plan for the satisfactory disposal of all waste materials and debris. B. Should Contractor propose disposal of materials at sites not property of Owner (landfills, etc.), submit two (2) copies ofthe property Owner's written permission for such disposal with Disposal Plan required by these specifications. PART 2 PRODUCTS 2.01 MATERIALS: A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. 01710-1 2.02 ' c. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. BARRIERS AND PROTECTION: PART 3 A. Protect existing structures and vegetation from cleaning and disposal operations as required. EXECUTION 3.01 A. Execute periodic cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of waste materials, debris and rubbish. C. Remove waste materials, debris and rubbish from the site periodically and dispose of at approved locations. END OF SECTION 01710. 01710-2 ,I I' I I I I" I ,I I I t ,I I I (I, I I I I " 'I I I I I I' I I I I I I I~ I, ,I 'I I I PART 1 , ' SECTION 01720 PROJECT RECORD DOCUMENTS 1.01 GENERAL PART 2 PART 3 GENERAL REQUIREMENTS: A. Contractor shall maintain at the site as specified hereIn for the Owner one record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications. 5. Engineer field orders or written instructions. 6. Approved shop drawings, product data and samples. 7. Field test records. 8. Laboratory test records. B. Related requirements in other parts of the Project Manual: 1. Conditions of the Contract. PRODUCTS (Not Used.) 3.01 EXECUTION MAINTENANCE OF DOCUMENTS AND SAMPLES: A. Store record documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with data filing format of the Construction Specifications Institute - MASTERFORMA T. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by Engineer. 01720-1 Addendum No.2 3.02 RECORDING: A. Stamp or label each document "PROJECT RECORDS" in 3/4 inch letters. B. During daily progress of the work, the job superintendent for the Contractor shall record information concurrently with construction progress. , 1. Do not conceal any work until required information is recorded. C. Drawings: Legibly mark to rec?rd actual construction in color codes designated by the Engineer. . D. Record Information includes but is not limited to the following: 1. Horizontal and vertical locations of pavements and underground utilities and appurtenances, referenced to permanent surface improvements or finish reference datum. 2. Field changes of dimension and detail. 3. Changes made by field order or by change order. 4. Details not on original contract drawings. 5. Extent and dimensions of pavement' removal. 6. Any other changes in the plans. 7. Storm drainage, water and sewer line construction: a. Exact distance between all manholes, inlets or points of intersection. b. The invert elevation of the end of all pipes, services and stubouts, and headwalls. c. The rim (top of frame) or top of grate and invert elevations of all manholes, catch basins, and other structures. 8. Electrical construction identification: a. Exact distance between all manholes or points of intersection. b. Exact size and location of duct bank or cable run and what circuits it feeds. 01720-2 Addendum No.2 I, I I I I I I I I I \I ,I ,I, I I I I I I I I I I I I, I. I I- I t I I: I' ,I I I I' I c. Exact location of any lines abandoned in place. d. Rim and invert elevation of all manholes and duct banks. e. Depth of cover on direct burial lines. E. Set one (1) Concrete Benchmark and document location and elevation data. F. Specifications and addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. G. All horizontal control dimensions shall be to the nearest tenth of a foot. Elevations shall be to the nearest one-hundredth of a foot. 3.03 SUBMITTAL: A. The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Engineer no later than the date of Final Inspection. Such plans shall have all significant changes marked in the color red. The Engineer shall review the marked plans for accuracy, legibility, and completeness. As-built plans, approved by the Engineer, must have the Engineer's signature on the cover sheet. No "as-built" plans will be accepted by the Owner without the approval of the Engineer. The Contractor shall provide all necessary information to the degree of accuracy required by Engineer in order to obtain the Engineer's signature. The Engineer will be the final judge as to the acceptableness of the completeness and accuracy of the "as-built" plans. ":1_:,mltalui):II:.:.:'" B. At the Close of the job and prior to reducing the contract retainage to any percentage less than 10% and receipt of final payment, the Contractor shall deliver to the Engineer for the Owner one complete set of Record Documents meeting the requirements in 3.03(A). C. Accompany submittal with transmittal letter containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each record document. 5. Signature of Contractor or his authorized representative. 3.04 PAYMENT: There will be no separate measurement or payment for this work. The cost of this work shall be considered incidental to and included in the unit price bid for Item 01000 "Mobilization". The Contractor will not be paid for his final pay request until the record drawing requirements stipulated in Paragraph 3.03A are completed, submitted to the Engineer and accepted by the Engineer. END OF SECTION 01720 01720-4 Addendum No.2 I 'I I I, I ,I, I I ,I I I ,I I, I I I, I 'I I I I 'I I I ,I, I I I .1 ,I Ii I, I' I I I I I PART 1 SECTION 01740 WARRANTIES AND BONDS 1.01 GENERAL PART 2 GENERAL REQUIREMENTS: A. Contractor shall: 1. Compile specified warranties and bonds. 2. Compile specified service and maintenance contracts. 3. Co-execute submittals to verify compliance with Contract Documents. 4. Review submittals to verify compliance with Contract Documents. 5. Submit to Engineer for review and transmittal to Owner. B. Related requirements in other parts of the Project Manual: 1. Bid Bonds: Instructions to bidders. . 2. Performance Bond and Payment Bond: Conditions of the contract. 3. General warranty of construction: Conditions of the contract. C. Related requirements specified in other sections: 1. Contract closeout: Section 01700 2. Equipment Manuals: Section 01300 3 . Warranties and Bonds required for specific products: Each respective section of specifications. 4. Provisions of Warranties and Bonds, duration: The respective section of specifications which specifies the product. PRODUCTS (Not Used.) 01740-1 PART 3 3.01 3.02 EXECUTION . SUBMITTAL REQUIREMENTS: A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontt::actors. B. Number of original signed copies required: Two (2) each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm, with name of principal, address and telephone number. 3. Scope. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service and maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. FORM OF SUBMITTALS: A. Prepare in duplicate packets. B. Format: 1. Size 8 1/2 inches x 11 inches, punch sheets for 3-ring binder. a. Fold larger sheets to fit into binders. 01740-2 I I I I I I, I I " I. I 'I ,I 'I I 'I, I I I I I 'I I I I I: I, I I I I I t I I , I I 2. Cover: Identify each packet with typed or printed title "W ARRANTIES AND BONDS". List: a. Project title and number b. Owner's name. c. Contractor's name and address. C. Binders: Commercial quality, 3-ring, with durable and cleanable plastic covers. 3.03 TIME OF SUBMITTALS: A. Submit within ten (10) days after date of substantial completion, and prior to final request for payment. B. For items of work where acceptance is delayed materially beyond the date of substantial completion, provide updated submittal within ten (10) days after acceptance, listing the date of acceptance as the start of the warranty period. 3.04 SUBMITTALS REQUIRED: Submit warranties, bonds, service and maintenance contracts as specified in the respective sections of specifications. 3.05 INITIAL WARRANTY DATE: The beginning date of the warranty for ALL of the work items shall commence upon the date of the final acceptance of the complete (entire) project. 3.06 PAYMENT: No separate payment will be made under this section for work described or specified herein. END OF SECTION 01740 01740-3 I I 'I I I I 'I 1/ I I' I I I I I I , ,I I' PART 1 ITEM S-140 SELECTIVE SITE DEMOLITION GENERAL 1.01 1.02 1.03 1.04 GENERAL REQUIREMENTS: , A. Drawings, General Provisions, Supplementary Conditions, General Requirements, and other Specification sections apply to work ofthis section. B. Do not begin demolition work until authorized by Owner. C. The Contractor will be required to modify demolition procedures if undue damage to salvageable items occurs. D. At all times during construction the Airport perimeter must be secure. The Contractor shall remove only that existing fence that can be replaced by the end of each working day. DESCRIPTION OF WORK: A. Demolition work includes complete or partial removal of existing construction as indicated on drawings. B. Types of demolition work include but are not limited to: Removal of existing chain link fence, barbed wire, gates, wooden fence, concertina wire, and appurtenances. SUBMITT ALS: Demolition Plan: Submit a demolition plan indicating proposed methods, sequence of operations, and schedule for demolition and removal work to Engineer for review prior to commencement of work. JOB CONDITIONS: A. Condition of Structures: Owner assumes no responsibility for actual condition of items or structures to be demolished. B. Demolition and Salvage: Except where materials are designated to be incorporated into new or temporary work, items indicated to be removed but of salvable value to Contractor may be removed as work progresses. Transport salvaged items from site as they are removed. S-140-1 Addendum No.2 1.05 1.06 PART 2 PART 3 C. Sales: Storage or sale of removed items on site will not be permitted. I I I I I I, I I I I' I I I 1 I I I ,/ t I D. Protection: Provide temporary barricades and other forms of protection as required to protect public from injury due to demolition work. 1. Provide protective measures as required to provide free and safe passage of Owner's personnel and general public to and from occupied portions of site. 2. Provide shoring, bracing, or support to prevent movement, settlement, or collapse of structures or elements to be demolished, and of adjacent facilities or work to remain. 3. Protect from damage existing work that is to remain in place. Do not overload structural elements or pavements to remain. E. Damages: Promptly repair damages caused to adjacent or other facilities by demolition work at no cost to Owner. All such repairs shall have Engineer's approval. F. Traffic: Conduct demolition operations and debris removal in a manner to ensure minimum interference with roads, and aircraft operation areas. G. Explosives: Use of explosives will not be permitted. H. Security: During the removal of existing fence and replacement with new fence no degradation of security will be permitted. The Contractor shall schedule these activities such that all openings in the fence are secured at the end of each days work or when workers are not present. Temporary fencing or employment of a gate guard may be used to aid in maintaining airfield security. REGULATORY AND SAFETY REQUIREMENTS: Comply with all federal, state, and local safety, hauling, disposal, and environmental protection regulations. STAGING: Certain items cannot be demolished until after work in other phases is complete. Coordinate work with Owner and approved phasing plan. PRODUCTS (Not Used.) EXECUTION S-140-2 Addendum No.2 ,I I 'I I I' I I I I I I ,\ I I I I I. Ii I 3.01 PREPARATION: A. Provide shoring, bracing, or support to prevent movement, settlement or collapse of structure to be demolished and adjacent facilities to remain. B. Cease operations and notify the Engineer immediately if safety of structure or surrounding area appears to be endangered. Take precautions to support structure until determination is made for continuing operations. 3.02 FENCE AND GATE DEMOLITION: A. Perform demolition work in a systematic manner. Use such methods as approved to complete work indicated on drawings in accordance with demolition schedule and governing regulations. 1. Demolish concrete and masonry construction in small sections; cut concrete and masonry at junctions with construction to remain using power-driven impact tools, saw or hand tools. 2. Completely fill below-grade areas and voids resulting from demolition work. Provide fill consisting of approved soil, gravel or sand, free oftrash and debris, stones over 6" diameter, roots or other organic matter and place fill in accordance with Item P-152 (Incidental to demolition item). 3. 4. Existing gates and electric controllers indicated to be demolished shall be carefully removed in a systematic manner to prevent damage and delivered to an Owner-designated storage location onsite. Existing electric gates shall have power disconnected prior to S-140-3 Addendum No.2 removal. Demolition of electric gates shall include removal of the gate, gateposts, controller, and all appurtenances. The existing access control system (if so equipped) shall be disconnected from the controller prior to any demolition work. The Contractor shall protect the access control system and re-connect to new gate controller. 3.03 MISCELLANEOUS DEMOLITION: A. Remove debris, rubbish and other materials resulting from demolition operations from Airport property. Transport and legally dispose of materials offsite. 1. Concrete debris, pipe, tires, metal debris, rubble, tim~ers, etc. resulting from the demolition operations will be removed and disposed of offsite. 2. Ifhazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances concerning removal, handling and protection against exposure or environmental pollution. 3. Burning of removed materials is not permitted on project. 3.04 ITEMS TO BE SALVAGED: Materials and equipment to be removed that are indicated to remain the property of the Owner shall be removed, protected and delivered to a storage site on Airport property as designated by the Owner or Engineer. 3.05 CLEAN-UP REPAIR: Upon completion of demolition work, remove tools, equipment and demolished materials from site.. Remove protections and leave areas clean and free of dust and debris. 3.06 MEASUREMENT AND PAYMENT: A. The various types of measurement for the items listed below shall be made in the field by the Engineer and payment shall be made upon the satisfactory demolition and disposal of each respective demolition item. Items that are measured and paid for as lump sum shall not be specifically measured and shall be shall be paid for upon the complete demolition and disposal of the respective item to the satisfaction of the Engineer. Items indicated or required to be removed that are not listed as items for payment shall be considered incidental work and costs oftheir removal shall be included under other items of work. S-140-4 Addendum No.2 I, I I I I I I I I, I' I 'I I I I I I \1 I I I I' I I' I I I I I J I I I I J; I I I B. Payment shall be made for the accepted quantities for the various items at the contract unit price bid for each item. The price for each item shallinc1ude all labor, equipment, tools, hauling, permits, and all incidentals necessary to satisfactorily demolish, store, reinstall and dispose of each demolition item. Payment will be made under: .....c.:;.~inl::.igni:;\;;;: S-140B Remove Existing Chain Link Fence (5' -6') -- per Linear Foot S-140C Remove Existing Single Leaf Manual Swing Gate (3' -14') -- per Each '- S-140D Remove Existing Dual Leaf Manual Swing Gate (12'-24') -- per Each S-140E Remove Existing Electric Gate (12' -24') -- per Each S-140F Remove Existing Wooden Fence (5' -6') - per Linear Foot. S-140G Remove Existing Concertina Wire - per Linear Foot. END OF ITEM S-140 S-140-5 Addendum No.2 I I I I I I I I I I I I~ I I I I I I I ITEM P-151 CLEARING AND GRUBBING DESCRIPTION 151-1.1 This item shall consist of clearing and grubbing, including the disposal of materials, for all areas :designated on the plans or as required by the Engineer. Clearing and grubbing shall consist of clearing the surface ofthe ground ofthe designated areas of all trees, stumps, shrubs, brush, undergrowth, hedges, rubbish of any nature, natural obstructions, and such material which in the opinion ofthe Engineer is unsuitable; grubbing stumps, roots, and matted roots; and disposal of all spoil materials. ' CONSTRUCTION METHODS , I 151-2.1 GENERAL. The areas denoted on the plans to be cleared and grubbed shall be staked on the ground by the Contractor and approved by the Engineer prior to clearing and grubbing operations. The removal of existing structures and utilities required to permit orderly progress of work shall be accomplished by local agencies, unless otherwise indicated. Whenever a telephone or electrical line or pole, pipeline, conduit, sewer, roadway, or other utility is encountered and must be removed or relocated, the Contractor shall advise the Engineer who will notify the proper authority or owner and attempt to secure prompt action. All spoil materials removed by clearing and grubbing shall be disposed of by removal to an approved disposal area off airport property. Burning of spoil materials onsite will not be permitted. 151-2.2 CLEARING AND GRUBBING. All trees, stumps, roots, brush, rubbish, railroad ties, buried logs, landscape timbers, and other unsatisfactory materials shall be removed. Tap roots and other projections over 1-1/2 inches in diameter shall be grubbed out to a depth of at least 18 inches below the existing and finished grades. All holes remaining after the grubbing operation in areas not to be excavated shall have the sides broken down to flatten out the slopes, and shall be filled with acceptable material, moistened and properly compacted in layers to the density required in Item P-152. MEASUREMENT AND PAYMENT 151:'3.1 No measurement will be made for clearing and grubbing those areas designated on the plans. Clearing and grubbing shall be considered incidental to and included in the per linear foot unit price for Item F-162A and/or Item F-162B. END OF ITEM P-151 P-151-1 I I I I I I I I I I I I I I I I I I I ITEM P-152 GRADING / PLACEMENT OF FILL DESCRIPTION This item covers excavation, disposal, placement, and compaction of all soil and rock material within the limits of the work required to construct the proposed fencing in accordance with these specifications and in conformity to the dimensions and typical section(s) shown on the plans. 151-1.1 MATERIALS. Fill materials shall contain no sod, brush, roots or other perishable materials. Rock particles larger than the six inches in diameter shall be removed prior to compaction of the fill. Embankment fill shall have a Standard Proctor (ASTM D698) maximum dry density of at least 85 pcf and a Plasticity Index less than 20 percent, unless changed by the Engineer. 151-2.1 GRADING. Surfaces shall be graded to remove surface irregularities and any voids, depressions, and washes shall be filled, compacted and graded. Where fill is required, foundations for earth fill shall be stripped to remove vegetation and other unsuitable materials or shall be excavated as specified. Except as otherwise specified, earth foundation surfaces shall be graded to remove surface irregularities and shall be scarified parallel to the axis ofthe fill or otherwise acceptably scored and loosened material shall be controlled as specified for the earth fill, and the surface materials of the foundation shall be compacted and bonded with the first layer of earth fill as specified for subsequent layers of earth fill. Earth abutment surfaces shall be free ofloose, uncompacted earth in excess of two inches in depth normal to the slope and shall be at such a moisture content that the earth fill can be compacted against them to effect a good bond between the fill and the abutments. 152-3.1 PLACEMENT. Fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected and approved by the Engineer. Fill shall not be placed upon a frozen surface nor shall snow, ice, or frozen material be incorporated in the fill. Fill shall be placed in horizontal layers. The thickness of each layer before compaction shall not exceed eight (8) inches. Materials placed by dumping in piles or windows shall be spread uniformly to not more than the specified thickness before being compacted. Hand compacted fill, including fill compacted by manually directed power tampers, shall be placed in layers whose thickness before P-152-1 compaction does not exceed eight (8) inches for layers of fill compacted by manually directed power tampers. Adjacent to structures, fill shall be placed in a manner which will prevent damage to the structures and will allow the structures to assume the loads from the fill gradually and uniformly. The height of the fill adjacent to a s~cture shall be increased at approximately the same rate on all sides of the structures. ' 152-4.1 CONTROL OF MOISTURE CONTENT. During placement and compaction offill, the moisture content ofthe materials being placed shall be maintained within -2 percent and +3 percent of optimum moisture content for the soil. , I Uniform moisture distribution shall be obtained by discing, blading or other approved methods prior to compaction ofthe layer. Ifthe top surface of the preceding layer of compacted fill or a foundation or abutment surface in the zone of contact with the fill becomes too dry to permit suitable bond it shall be scarified and moistened by sprinkling to an acceptable moisture content prior to placement of the next layer offill. 152-5.1 COMPACTION. Earth fill shall be compacted to a minimum of90% of its Standard Proctor (ASTM D698) maximum dry density. The Contractor will be responsible for obtaining soil samples and having the Proctor tests performed. Heavy equipment shall not be operated within two feet of any structure. Vibrating rollers shall not be operated within five feet of any structure. Compaction by means of drop weights operating from a crane or hoist will not be permitted. Compacting offill adjacent to structures shall not be started until the concrete has attained 3,000 psi compressive strength. The strength will be determined by compression testing oftest cylinders cast by the Engineer for this purpose and cured at the work site in the manner specified in ASTM Method C 31 for determining when a structure may be put into service. 152-6.1 REMOVAL AND PLACEMENT OF DEFECTIVE FILL. Fill placed at densities lower than the specified minimum density or at moisture contests outside the specified acceptable range of moisture content or otherwise not conforming to the requirements or removed and replaced by acceptable fill at not additional cost to the Owner. The replacement fill and the foundation, abutment and fill surfaces upon which it is placed shall conform to all requirements of this specification for foundation preparation, approval, placement, moisture control and compaction. P-152-2 I I I I I I I I I I ,I I I I I I I I I I I I, I I I I I I , I I I I I I I I I 152-7.1 TESTING. During the course of the work, the Engineer may perform such tests as are deemed necessary to determine compaction characteristics, moisture content, and density of fill in place. These tests performed by the Engineer will be used to verify that the fills conform to the requirements of the specifications. Such t~sts are not intended to provide the Contractor with the information required by him for the proper execution ofthe work and their performance shall not relieve the Contractor of the necessity to perform tests for that purpose. 152-8.1 MEASUREMENT AND PAYMENT. Work under this item will not be measured separately for payment. Grading shall be considered incidental to and included in the per linear foot unit price for the various fencing items ffi'!.d shall be full compensation for excavation, hauling, depositing in place, compacting and all other incidentals required to complete the grading and minimum and maximum clearances as shown in drawings. END OF ITEM P-152 P-152-3 I I I I I I I I I , I I I I I I I' I I ITEM P-61 0 STRUCTURAL PORTLAND CEMENT CONCRETE DESCRIPTION 610-1.1 This item shall consist of plain and reinforced structural portland cement concrete, prepared and constructed in accordance with these specifications, at the locations and of the form, dimensions, and requirements shown on the drawings. ' MATERIALS 610-2.1 GENERAL. Only approved materials, conforming to the requirements of these specifications, shall be used in the work. They may be subjected to inspection and tests at any time during the progress oftheir preparation or use. The source of supply of each ofthe materials shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials shall be submitted by the Contractor, when required, for examination and test. Materials shall be stored and handled to insure the preservation oftheir quality and fitness for use and shall be located to facilitate prompt inspection. All equipment for handling and transporting materials and concrete must be clean before any material or concrete is placed therein. In no case shall the use of pit-run or unprocessed naturally mixed aggregates be permitted. Naturally mixed aggregate shall be screened and washed, and all fine and coarse aggregate shall be stored separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of different aggregates will not be permitted. 610-2.2 COARSE AGGREGATE. The coarse aggregate for concrete shall meet the requirements of ASTM C 33, Size No. 56,57, or 67 except the nominal maximum size shall not exceed 1/50fthe narrowest dimension between sides offorms, or 3/4 of the minimum clear spacing between individual reinforcing bars. 610- 2.3 PINE AGGREGATE. The fine aggregate for concrete shall meet the requirements of ASTM C 33. 610-2.4 CEMENT. Cement shallconfonn to the requirements of ASTM C 150, Type I orII. The Contractor shall furnish vendor's certified test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. P-61O-1 610-2.5 WATER. The water used in concrete shall be free from sewage, oil, acid, strong alkalies, vegetable matter, and clay and loam. Ifthe water is of questionable quality, it shall be tested in accordance with AASHTO T 26. '610-2.6 ADMIXTURES. The use of any material added to the concrete mix shall be approved by the Engineer. Before approval of any material, the Contractor shall be required to submit the results of complete physical and chemical analyses made by 'an acceptable testing laboratory. Subsequent tests shall be made of samples taken by the Engineer from the supply ofthe material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Pozzolanic admixtures shall be fly ash meeting the requirements of ASTM C 618, Class C or F, as approved by the Engineer. Air-entraining admixtures shall meet the requirements of ASTM C 260. Air-entraining admixtures shall be added at the mixer in the amount necessary to produce the specified air content. Water-reducing, set-controlling admixtures shall meet the requirements of ASTM C 494, Type A, water-reducing or Type D, water-reducing and retarding. Water-reducing admixtures shall be added at the mixer separately from air-entraining admixtures in accordance with the manufacturer's printed instructions. Other types of admixtures that meet the requirements of ASTM C 494 may be provided if approved by the Engineer. 610-2.7 PREMOLD ED JOINT MATERIAL. Premoldedjoint material for expansion joints shall meet the requirements of ASTM D 1751 or D 1752, Type II or III. 610- 2.8 JOINT SEALER. The sealer for joints shall meet the requirements of ASTM D 3405, unless otherwise specified on the drawings or permitted by the Engineer. 610-2.9 STEEL REINFORCEMENT. Reinforcing shall consist of and conform to the following as shown on the drawings or designated by the Engineer. a. Welded Steel Wire Fabric ASTM A 185 b. Welded Deformed Steel Fabric ASTM A 497 c. Steel Bar Mats ASTM A 184 and ASTM A 615, Grade 60 610-2.10 COVER MATERIALS FOR CURING. Curing materials shall conform to one ofthe following specifications: a. Sheet Materials for Curing Concrete ASTM C 171 b. Compounds for Curing Concrete ASTM C 309, Type 2 P-61O-2 I I I I I, I, I I I I I I I I I I I \1 I I I I I I I I I I I' I I I I I I I Ii 1 CONSTRUCTION METHODS 610-3.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and incidental to, the completion of all work as shown on the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of sufficient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. 610-3.2 CONCRETE COMPOSITION. Except as otherwise specified on the drawings, the concrete shall develop a compressive strength of3000 psi in 28 days as determined by test cylinders made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The concrete shall contain 5 percent of entrained air, plus or minus 1 percent, as determined by ASTM C 231 and shall have a slump of3 inches, plus or minus 1 inch, as determined by ASTM C 143. 610-3.3 ACCEPTANCE SAMPLING AND TESTING. Concrete for each structure will be accepted on the basis ofthe compressive strength specified in paragraph 3.2. The concrete shall be sampled in accordance with ASTM C 172. Compressive strength specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The Contractor shall make, cure and store the test specimens as specified and under such conditions as directed. The Engineer will make the actual tests on the specimens at no expense to the Contractor. 610-3 .4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be approved by the Engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. 610-3.5 CONSISTENCY. The consistency ofthe concrete shall be checked by the slump test specified in ASTM C 143. Samples for slump determination shall be taken from the concrete during placing in the forms. 610-3.6 MIXING. Concrete may be mixed at the construction site, at a central point, or wholly or in part in truck mixers. The concrete shall be mixed and delivered in accordance with the requirements of ASTM C 94. 610-3.7 MIXING CONDITIONS. The concrete shall be mixed only in quantities required for immediate use. Concrete shall not be mixed while the air temperature is below 40llp without permission ofthe Engineer. If permission is granted for mixing under such conditions, aggregates or water, or both, shall be heated and the concrete shall be placed at a temperature not less than 500F nor more than 100llp. The Contractor shall be held responsible for any defective work, resulting P-61O-3 from freezing or injury in any manner during placing and curing, and shall replace such work at his/her expense. Retempering of concrete by adding water or any other material shall not be permitted. The delivery of concr.ete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals. 610-3.8 FORMS. Concrete shall not be placed until all the forms and reinforcements have been inspected and approved by the Engineer. Forms shall be of suitable material and shall be ofthe type, size, shape, quality, and strength to build the structure as designed on the drawings. The forms shall be true to line and grade and shall be mortar-tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall bear responsibility for their adequ~cy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. The internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be constructed so that they can be removed without injuring the concrete or concrete surface. The forms shall not be removed before the expiration of at least 30 hours from vertical faces, walls, slender columns, and similar structures; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at least 60% of the design strength of the concrete has developed. All exposed joints, edges, and external comers shall be chamfered 3/4 inch except where otherwise indicated. 610-3.9 PLACING REINFORCEMENT. All reinforcement shall be accurately placed, as shown on the drawings, and shall be firmly held in position during concreting. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. Shop drawings, lists, and bending details shall be supplied by the Contractor when required. 610-3.10 EMBEDDED ITEMS. Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 610- 3.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise approved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than 1 hour after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a vertical distance of more than 3 feet, or P-61O-4 I I I~ I I, I I I I I I I I 1 I I I II f I I I I I I I I I I I I I I I II I I I depositing a large quantity at one point, will not be permitted. Concrete shall be placed upon clean, damp surfaces, free from water, or upon properly consolidated soil. The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate :compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the reinforcement and embedded fixtures and into comers and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segregation occurs. 610-3.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended; necessary provisions shall be made for joining future w'ork before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by a heavy steel broom, roughened slightly, wetted, and covered with a neat coating of cement paste or grout. 610-3.13 EXPANSION JOINTS. Expansion joints shall be constructed at such points and of such dimensions as may be indicated on the drawings. The premolded filler shall be cut to the same shape as that ofthe surfaces being joined. The filler shall be fixed firmly against the surface ofthe concrete already in place in such manner that it will not be displaced when concrete is deposited . against it. 610-3.14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 610-3.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, and free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the finished top surface at the proper elevation and shall be struck-off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand-cement mortar be spread over the concrete during the finishing of horizontal plane surfaces. When directed, the surface finish of exposed concrete shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all irregularities are removed. If the concrete has hardened before being rubbed, a carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. 610-3.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Contractor. The work shall be protected from the elements, flowing water, and defacement of P-61O-5 any nature during the building operations. The concrete shall be cured as soon as it has sufficiently hardened by covering with an approved material. Water-absorptive coverings shall be thoroughly saturated when placed and kept saturated for a period of at least 3 days. All curing sheets or mats shall be sufficiently weighted or tied down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on concrete surfaces for 7 days after the concrete has been placed. 610-3.17 DRAINS OR DUCTS. Pipes, conduits, and ducts that are to be encased in concrete shall be installed by the Contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 610-3.18 COLD WEATHER PROTECTION. Except when authorized by the Engineer, concrete shall not be placed at air temperatures below 40oF. When authorized, the Contractor shall provide satisfactory methods and means to protect the mix from injury by freezing in accordance with ACI 306R. Concrete damaged by freezing shall be removed and replaced at the expense of the Contractor. 610-3.19 SEALING JOINTS. All joints which require sealing shall be thoroughly cleaned, and any excess mortar or concrete shall be cut out with proper tools. Joint sealing shall not be started until after final curing and shall be done only when the concrete is completely dry. The cleaning and sealing shall be carefully done with proper equipment and in a manner to obtain a neat lookingjoint free from excess sealer. MEASUREMENT AND PAYMENT 610-4.1 Structural portland cement concrete, either non-reinforced or reinforced, will not be measured for payment. The cost of concrete complete and accepted shall be included in the various contract bid items requiring structural portland cement concrete. TESTING REQUIREMENTS ASTM C 31 Making and Curing Concrete Test Specimens in the Field ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens ASTM C 138 Unit Weight, Yield, and Air Content of Concrete ASTM C 143 Slump of Hydraulic Cement Concrete ASTM C 172 Sampling Freshly Mixed Concrete ASTM C 231 Air Content of Freshly Mixed Concrete by the Pressure Method P-61O-6 I I I I- ,\ I, I I I I" I I I I I II I ,I I I I I I I I I I I I I 1\ I I' I I I I I AASHTO T 26 ACI 306R ASTM A 184 ASTM A 185 ASTM A 497 ASTM A 615 ASTM C 33 ASTM C 94 ASTM C 150 ASTM C 171 ASTM C 260 ASTM C 309 ASTM C 494 ASTM C 618 ASTM D 1751 ASTM D 1752 ASTM D 3405 END OF ITEM P-610 Quality of Water to be Used in Concrete Cold Weather Concreting MATERIAL REQUIREMENTS Fabricated Deformed Steel Bar Mats for Concrete Reinforcement Steel Welded Wire Fabric, Plain, for Concrete Reinforcement Steel Welded Wire Fabric, Deformed, for Concrete Reinforcement Deformed and Plain Billet-Steel Bars for Concrete Reinforcement Concrete Aggregates Ready-Mixed Concrete Portland Cement Sheet Materials for Curing Concrete Air-Entraining Admixtures for Concrete Liquid Membrane-Forming Compounds for Curing Concrete Chemical Admixtures for Concrete Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete Preformed Expansion Joint Filler for Concrete Paving and Structural Construction Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction Joint Sealants, Hot-Poured, for Concrete and Asphalt Pavements P-61O-7 I I II I I I I I I I I 1\ I I I I I I I ITEM T -901 GRASSING AND MULCHING GENERAL 901-1.1 DESCRIPTION: Work described in this section includes permartent grassing by either seeding and hydroseeding of grass over areas indicated in the drawings and in areas disturbed within the Contractor's staging area, haul routes, and all other areas outside the limits of construction. 901-1.2 DEFINITIONS: Satisfactory stand of grass: Full cover over designated areas, with living grass free of weeds and without bare spots. 901-1.3 SUBMITTALS: Certificates: Submit certificates for all seed. Indicate grass species, weed content, and percent germination. 901-1.4 QUALITY ASSURANCE: A. These specifications are to be used as a guide to enable the Contractor to develop a satisfactory stand of grass. The Contractor shall visit the site and acquaint himself as to the nature and condition of the soil and the extent of the work required prior to bidding. The Contractor shall have the soil tested to determine the actual rates and/or types of lime, fertilizer, seed and mulch required. Prior to construction, the contractor shall submit a seeding plan to the Engineer for his review. In addition to the above, it shall also include his methods of maintenance, watering, reseeding, fertilizing, mowing and recommendations for future maintenance by the Owner. B. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of gemination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number of each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. T-901-l MATERIALS 90 1-2.1 FERTILIZER A. Regular type: Nitrogen content derived from organic or inorganic sources; bearing manufacturer's statement of analysis. Minimum requirements: 8% nitrogen. 10% phosphoric acid, 10% potaSh. B. Slow-release type: 50% of nitrogen is in slow-release form, content derived from organic or inorganic sources; bearing manufacturer',s statement of analysis. Minimum requirements: 10% nitrogen. 10% phosphoric acid. 10% potash. C. Commercial mixed type: Nitrogen content derived from organic or inorganic sources, bearing manufacturer's statement of analysis. Minimum requirements: 10% nitrogen, 10% phosphoric acid. 10% potash. 901-2.2 LIME: Ground limestone containing not less than 85% carbonates; 50% passing 100 mesh sieve and 90% passing 20 mesh sieve. Coarser material is acceptable if application rates are increased to achieve quantities and depth specified. 901-2.3 SEED: The grass seed to be furnished shall have a maximum of two and one-halfpercent (2-1/2%) of weed seed and a minimum of ninety percent (90%) by weight of pure live seed. The seed shall conform to the requirements of Federal Specification JJJ-S-181. SEEDING SCHEDULE: For all disturbed areas. Common Name of Seed Bermuda Grass (Hulled) PoundsTotal Seed Per Acre Mixture 70 120 Planting Dates March 1 - Aug. 15 Kobe Lespedeza 25 Kentucky 31 Fescue 25 Common Name of Seed Pounds Total Seed Per Acre Mixture Planting Dates Bermuda Grass (50% Hulled, 50% Unhulled)) 145 Aug. 16- Feb. 28 70 Kobe Lespedeza 25 Kentucky 31 Fescue 25 T-90l-2 I I ,I I I I I I I I I I I I I I I I I I I I, I I, I I, I I I I I I I I I I I I Annual Ryegrass* 5 Rye Grain* 20 *These grasses are not.to be used by themselves, but should be used in conjunction with one of the Bermuda grasses specified. ' 901-2.4 HYDROMULCH: Wood cellulose fiber containing no germination inhibiting or growth inhibiting agents. Characteristics shall be as follows: Percent moisture content: 10.0% (+ 2.0) Percent organic matter: 99.4% (+ 0.2%). Percent ash content: 0.6% (+ 0.2%). pH: 4.8 (+ 0.5%). Water holding capacity: 1050 grams water/l 00 grams fiber, minimum. 901-2.5 DRY MULCH: Clean, seed free stray of hay, wheat, rye, oats, barley, straw or manure. 901-2.6 STAKING PEGS: Staking pegs: 3/4" diameter by 8" long softwood. 901-2.7 WATER: Clean, potable. CONSTRUCTION METHODS 901-3.1 PREPARATION: A. Check soil pH. Add lime as required to achieve a soil pH of at least 5.5 but at a minimum of 1.5 tons/acre. Apply lime and mix into soil during seedbed preparation. Apply fertilizer to seedbed at rate of 1000 lbs. per acre or equivalent of 10- 10-10 fertilizer. B. Rake areas to be grassed, filling depressions and removing stones over 2" in size, sticks and rubbish. C. After preparation of soil, level areas to be seeded and bring to finish grade. Hand rake smooth, allowing for settlement. 901-3.2 SEEDING: A. Uniformly distribute the first half of the seed mixture over the designated areas using a seed drill and then uniformly distribute the last half ofthe seed mixture over the designated areas by means of a mechanical spreader. Seed mixture shall be sown at the rate shown in the SEEDING SCHEDULE, immediately after fertilization. T-901-3 . B. Sow half of seed with spreader moving in one direction; the remainder with spreader moving at right angle to first sowing. C. Cover seed lightly with minimum of 1/4',' of soil by hand raking. D. Firm seeded area by rolling with a light roller (40-65 lbs. per foot of width for clay soil, and 150-200 lbs. per foot of width for sandy or light soils). E. Mulch seeded areas having slopes of four to one or greater with dry mulch or hydromulch. 901-3.3 DRY MULCH: A. Apply dry mulch at rate of2-3 tons per acre to provide a uniform loose depth between 1-112 and 3 inches. B. Secure mulch with a very thin layer of topsoil or stakes and wire mesh as approved by Engineer. 1. Peg and string method - secure mulch using stakes and wire pins spaced on 5 foot centers. String binder twine diagonally and at right angles. 2. Manufactured netting may be used if approved by Engineer. 901-3.4 HYDROSEEDING: A. Apply seed/fertilizer/hydromulch mixture in water slurry. Dispense using hydraulic mulching equipment in following minimum quantities: 1. Fertilizer: 1000 lbs.!acre. 2. Hydromulch: 1200-1500Ibs.!acre. 3. Seed: Please see SEEDING SCHEDULE for appropriate percentages for each respective growing season. 901-3.5 MAINTENANCE: A. Maintain grassed areas at a height of not to exceed 2" until final acceptance of the project. Repair damaged mulch. B. Regrass areas larger than one sq. ft. not having a uniform stand of grass. Eradicate weeds which appear in grassed areas. C. At completion of grassing operation, remove excess soil and debris from project site. T-90l-4 I I I I I I, ,I I I I' I I I I I I I I I I I I I I, I I' I I I I I: I " I I I I I D. Protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. E. The Contractor shall apply 30 units of nitrogen per acre after the grass has attained a height of 1/2 to 3/4 inch. Approximately four (4) weeks afterwards, apply a second application of 30 units of nitrogen per acre. F. The Contractor shall establish a good stand of grass of uniform green color and density to the satisfaction of the Engineer. If at the time when the contract has been otherwise completed, it is not possible to make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the areas seeded out of season will be withheld until such time as these requirements have been met. In lieu of retaining the value of grassing not acceptable to the Engineer, the Contractor may submit a bond to the Owner (providing the Owner agrees to this option) for the amount of grassing that has not achieved a good stand of grass of uniform green color and density and receive payment for the unacceptable grassing. MEASUREMENT AND PAYMENT 901-4.1 There will be no measurement or separate payment for grassing and mulching. Grassing and mulching will be considered incidental to Item F-162 Fencing. END OF ITEM T -901 T-901-5 I I I. I , I I I I I I I I I I I I I I PART 1 1 01 1 02 ITEM F-162 CHAIN-LINK FENCE AND GATES GRNRRAI, DRSf:RTPTTON A. This item shall consist of furnishing and erecting chain-link fence and gates in accordance with these specifications and the details shown on the plans and in conformity with the line~ and grades shown on the plans or established by the Engineer. B. Work includes: New perimeter fencing, 6-strand barbed wire (new or re- installed), gates, mow strip / intrusion barrier, and special ditch treatments as shown on the plans. All material shall be furnished new for Item F-162 Chain-Link Fences and Gates, except for the existing barbed wire shown on the plans to be reinstalled. C. All new and relocated permanent fencing and components shall be installed in a neat workmanlike manner. Any work that does not meet this criteria, in the opinion of the Engineer, will be rejected and shall be replaced or reinstalled at no additional cost to the Owner. ST TRMTTT AT,S A. Product data: Indicate material types, gauges, sizes and finishes, construction and erection details, and gate assemblies including spacing of post and foundation details. B. Layouts: Detail fence layouts indicating exact length of fence runs, pull, comer, end posts, signage, etc. C. Manufacturer's certification that all fencing materials are produced in accordance with this specification. No payment will be made until material has been certified. Material will NOT be approved prior to receipt of manufacturer's certification on all components. D. The Owner (Engineer) may elect to test fence components. The contractor will be responsible for supplying samples. In the event that components do not pass specified criteria, the contractor shall: F-162-1 Addendum No.2 1m 1 04 1 OS PART 2 201 1. Cease installation of affected components. I I I I I I I I I I I I I I I I I I I 2. Remove affected components previously installed. 3. Submit new samples to testing laboratory selected by the Owner. 4. The owner shall pay for the initial test. If initial test fails, the contractor shall pay for all subsequent tests required to determine if materials meet the specifications. QUALITY rRITRRTA A. Industry Standards: As a minimum, comply with referenced Federal and ASTM standards. lOR rONJ)ITTON~ A. Begin fence installation only after completion of finish grading in the fencing areas. B. At no time during the installation of new fence or components shall the security of the Airport be compromised. It shall be the responsibility of the Contractor to schedule all construction activities regarding the perimeter fence so that no lapse or degradation of Airport security will occur. MARKING A. Each roll of fabric shall carry a tag showing the kind of base metal (steel, aluminum, or aluminum alloy number), kind of coating, the gauge of the wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire, and other fittings shall be identified as to manufacturer, kind of base metal (steel, aluminum or aluminum alloy number), and kind of coating. PRODUCTS FRNrING A. Fencing: Zinc coated or aluminum coated steel chain link fence complete with braces, supports, and other accessories to complete the work as indicated on the drawings. B. Fabric: 2 inch mesh, formed from 9 gauge commercial quality zinc coated steel wire conforming to ASTM A 392 (zinc coated) and ASTM A 817 Class 2 ; or aluminum-coated steel (high tensile steel core wire with 90,000 F-162-2 Addendum No.2 I I I I I I I I I I I I I I I I I I I C. D. psi tensile strength) fabric with a 0.135 inch (+0.005 inch) outside diameter and a 0.4 oz.lft2 aluminum coating conforming to requirements of ASTM A 491 and ASTM A 817; or 9 gauge commercial quality aluminum coated steel wire conforming to ASTM A 491 and ASTM A 817; bottom-knuckled where fabrics join; twisted and barbed all other salvages. Barbed Wire: Barbed wire shall be 2-strand 12-1/2 gauge zinc-coated wire ~ith 4-point barbs and shall conform to the requirements of ASTM A 121, Class 3; or 2-strand 12-1/2 gauge aluminum coated wire with 4-point barbs and shall conform to the requirements of ASTM A 585, Class n. Posts: Formed of steel pi . e of standard wei ASTM F 1083 and F 669 b"::'iI61r4rtiBtlf(e;\1: 'Fft:: of the following outside diameters: 1. End comer and pull posts 2.875" O.D. X 0.203" wall thickness. 2. 3. Gate posts for single gate or double of 6 feet or less leaf width: 2.875" a.D. x 0.203" wall thickness; for gate leaf width between 6 feet and 14 feet: 4.0" 0.0. x 0.237" in wall thickness. 4. 5. Special posts: as shown on the drawings. E. Diagonal truss bracing: 3/8" diameter high carbon steel with turnbuckle, other than diameter, conforming to ASTM F 626. F. Post tops and fittings: Galvanized steel or malleable iron conforming to ASTM F 626. G. Bands: Pressed steel conforming to ASTM F 626. H. Miscellaneous Fittings: Conforming to Fed. Spec. RR-F-0191/4c, ASTM F 626, ASTM A153 or ASTM A 824, the more stringent specification being the requirement of the material being supplied: 1. Ties for fastening fabric to posts and ltMi~mb:::);Il~I: No. 12 gauge galvanized steel wire: No. 12 gauge galvanized steel wire hog rings, or No. 9 gauge aluminum wire hog rings or No. 9 Gauge aluminum WIre. 2. Tension wire: Spiralled-or crimped No.7 gauge steel wire with Type F-162-3 Addendum No.2 I coating or Type IT, Class 3 coating. 3. Stretcher bars: 3/16 in. X %" in. steel, 2 inches less in length than the fabric width. Provide one bar at each gate and end post; two at I each comer and pull post. 4. Other hardware and fittings: ASTM F 626 or Manufacturer's industrial use design standard. 202 SWING GA TRS A. B. Frame: Standard weight (Sch. 40) zinc coated steel pipe conforming with ASTM F1083 ofthe following outside diameters: 1. Frame leaf widths between 6 ft. and 13 ft.: 1.90 inch O.D. with internal bracings. 2. Frame leaf width exceeding 13 ft.: 2.375 inch O.D. C. Fabric: Same as fence fabric. D. Provide the following hardware for gates: 1. Hinges: Steel or malleable iron of size to suite gate size, non-lift off type, offset to allow 1800 operation. Furnish one pair of hinges per leaf. 2. Single gate latch and double gate latch: Forked type meeting the requirements of ASTM F900. 3. Stops: Mushroom type at double leaf gates; to engage drop rod or plunger bar. 4. Keepers shall be provided for all swing gate leaves. 201 CANTTLRVRR SLIDR GATR F-162-4 Addendum No.2 I I I I I I, I I I I I I I I I I I I I 'I I I I I I I I I I I I I I I I I I I A. Gate Construction: The gate shall be fabricated from 6063- T6 aluminum alloy extrusions. The gate frame shall be reinforced or post tensioned with 1.66" x .055" wall galvanized tubular steel running through the full length of the top and bottom primary members. The primary members (top and bottom) shall be "P" shaped or rectangular weighing not less than 1.7 lbs/ft. in cross section, and vertical members at the end of the frame and between the counterbalance and opening shall be square in cross section with nominal dimensions of no less than 2" x 2", weighing not less than 1.1 lbs.lft. Intermediate vertical spacer bars shall be 1" xl" square tubing weighing not less than .52 lbs.lft. B. Gate Frame: The gate frame shall be fabricated in modular sections or in single units depending on size constraints, then shop or field assembled for the specified opening. The gate frame shall have a separate semi-enclosed track of extruded aluminum alloy, which when shop or field riveted to the assembled gate frame, becomes an integral part of, and forms a composite structure with, the top of the gate frame. Rivets shall be internal "exploding" type, of totally rustproof material, and shall be placed alternately along the top and side of the track at 1'-0" centers. The gate frame is to be supported from the track by two self aligning 4- wheel, sealed lubricant, ball-bearing truck assemblies. The bottom of the support post shall be equipped with two pairs of rubber guide wheels. Diagonal "X" bracing of 1/8" minimum diameter stainless steel aircraft cable shall be installed to brace the gate panels. On gates wider than 22' single opening, a ground roller shall be installed to support the rear of the gate in the open position. C. Fabric: The fabric shall be aluminized steel chain link secured with aluminum tension bars, J -bolts, and tie wires. D. Gates: The gates shall be single or dual leaves to achieve the opening width and cantilever as shown on the plan drawings. E. Posts: The support posts shall be 4" O.D. galvanized steel with concrete footings as shown on the plan drawings. F. Installation: The gate shall be completed by installation of an approved filler as specified. The gate and installation shall conform to ASTM-1l84 standards for aluminum cantilever slide gates, Type II, Class 2. The Contractor shall provide a gate designed to work with the hydraulic gate operators (if stipulated to work with gate operators) as specified in Item F- 163. F-162-5 Addendum No.2 4. I I I I , I I I I I I I I I I I I I I G. Warranty: The Contractor shall provide a 5-year limited warranty on all gate components, guaranteeing the gate against failure. 204 CO A TTNG A. Fence fabric, posts and exposed surfaces of all other fencing components: zinc coated unless otherwise noted. B. Zinc coating: hot-dip method after fabrication and weaving. The weight of zinc coating when measured in accordance with referenced ASTM standards shall not be less than: 1. Fabric - 2.0 oz. per sq. ft. of surface area in accordance with ASTM A392. 2. Miscellaneous steel and iron fittings and hardware - 1.2 oz. per sq. ft. in accordance with ASTM F 626. 3. Tension wire - 2.0 oz. per sq. ft. in accordance with ASTM A 824. 5. Tie wires - 2.0 oz. per sq. ft. in accordance with ASTM F 626. c. Aluminum coating: As specified in ASTM A 817. 205 GATEOPFRATORS FOR SWTNGGATES A. General: New swing gate operators shall contain a hydraulic cylinder in a steel post assembly to cause the post and gate panel to rotate from zero to 90 degrees. The post assembly should be fully enclosed and weather-proof. The operator should be of appropriate speed for the weight ofthe chain-link gate it will control. The operator should be capable of reversing the gate in either direction upon sensing an obstruction. The gate operator should be capable of driving the gate regardless of snow, ice, or moisture. All components shall be of standard industrial design, readily available and in general use in the industry. B. Electrical: The minimum standard for all electrical components shall be industrial grade. All cabling from power source to controller shall be underground and installed in 2" Schedule 40 PVC conduit. C. Controls: The controls shall contain at a minimum the following built-in F-162-6 Addendum No.2 I I I I I I I I I I I I I I I I I I I 2 On 207 2 OR features: timer to close the gate, power surge / lightning strike protection, inherent entrapment sensor, LDC. for reporting of features, and port for connection to a laptop. The new gate control must be compatible with the existing gate's access control system. GATE OPERATORS FOR rANTTT.EVRR SLIDE GATES I A. General: New sliding gate operators shall be a hydraulic drive slide type designed for continuous operation and capable of actuating cantilever construction, chain link gates. The gate operator shall travel at a speed of 2 feet per second minimum. All components shall be of standard industrial design, readily available and in general use in the industry. The gate operator shall be capable of driving the gate regardless of snow, ice or moisture on the drive rail and shall have built-in manual release which disengages the drive wheels to allow manual sliding ofthe gate panel in case of power of mechanical failure. B. Electrical: Contractor shall verify available voltage at installation location prior to ordering operator. All cabling from power source to controller shall be underground and installed in 2" Schedule 40 PVC conduit. C. Control Circuitry: Controls shall consist of relays or microprocessor based Programmable Logic Controller (PLC) with battery back-up. An internal timer shall limit run time of the unit to 90 seconds maximum in anyone direction and if desired, delay reversal of gate by 1.5 seconds (typical) when signaled by an open button or safety device to protect operator life. The gate operator shall have full systems capabilities so additional control systems can easily be added in the field. A standard open, close, stop push-button shall be included for manual override and servicing. rONrRRTE Concrete for all fence posts and mow strip / intrusion barriers shall meet the requirements of item P-61O. rONSTRlTrTTON METHODS FOR GATE OPERATORS F-162-7 Addendum No.2 209 210 PART J 101 Gate operators and pads for mounting shall be installed in accordance with manufacturer's recommendations. Concrete pads for mounting of the equipment shall have a minimum thickness of six (6") inches. I I I I " I I I I I I I I I I I I I I WARRANTY OF GATE OPERATORS All material and workmanship shall be guaranteed for a period, of five (5) years after initial installation. ArrESS rONTROT, SYSTEM For all existing gates with access control systems shown on the plans to be replaced with new gates, the Contractor shall carefully disconnect the existing access control system from the gate, protect it until reinstallation, and reconnect the existing access control system on the new gate. No separate payment shall be made for this work. All work associated with disconnecting, protecting, and reinstalling the access control systems shall be considered incidental to each gate receiving an existing access control system. RXF,ClJTTON TNST A T .T .A nON A B. Embed a minimum length of 3.0 feet of the post in concrete. The concrete shall be thoroughly compacted around the posts by tamping or vibrating. No materials shall be installed on the posts, nor shall the posts be disturbed in any manner within 7 days after the individual post concrete footing is completed. Should rock be encountered at a depth less than the planned footing depth, a hole 2 inches larger than the greatest dimension of the posts shall be drilled to a depth of 18 inches. After the posts are set, the remainder of the drilled hole 'shall be filled with a high strength non-shrink grout. Any remaining space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be made for rock drilling, rock excavation or high strength non-shrink grout. F-162-8 Addendum No.2 I I I I, I I I I I I I I I I. I I I. I I C. Brace end, comer and pull posts with horizontal, intermediate brace and truss braces. Maximum distance between braced posts: 500 ft. I".....~"'..::::t;;;';l D.OOIRi& D. Install fabric on exterior of closed space. Stretch, fabric taut generally following the contour of the ground, allowing no les t an 1" nor more than """\ili""""""""""""""""""""""'"""1 2" clearance at grade. Fasten to lineposts and~niiCr""~~iii"'::" wit11.t.ies; a!J other areas with stretcher bars. Tie fabric to post at 1'-0" O.c.; ft~j'111:iliill at 2'-0"0.c. Fabric shall not bypass end, gate, comer or pull posts. Join fabric lengths by weaving a single strand into ends of roll to form a continuous length. E. Protect prefinished surfaces from damage until Date of Substantial Completion. Replace components damaged during installation. F. Install gates complete with specified hardware at locations indicated. Adjust and lubricate hardware. G. Where soil is required to be placed to maintain the maximum specified height between the ground surface and the bottom of the fence fabric, the Contractor shall compact the soil (fill material) to 85 percent of the maximum dry density in accordance with ASTM D 698 (Standard Proctor). 102 RT ,RCTRTCA T, GROT TNnS Electrical grounds shall be constructed where a power line passes over or under the fence and at maximum 500-foot intervals along the fence and attached to each gate leaf and each gate post (i.e. each post on both sides ofthe gate). The ground shall be installed directly below the point of crossing. The ground shall be accomplished with a copperclad rod 8 feet long and a minimum of 5/8 inch in diameter driven vertically until the top is 6 inches below the ground surface. A No.6 solid copper conductor shall be clamped to the rod and to the fence in such a manner that each element of the fence is grounded. Installation of ground rods shall not constitute a pay item and shall be considered incidental to fence construction. 101 MOW STRIP / TNTRlTSTON RARRTRR A. For new and existing fencing indicated to receive the concrete mow strip / intrusion barrier, the Contractor shall clear and grub (if necessary), remove and dispose all concrete debris, pipes, tires, metal debris, rubble, timbers, etc., and grade the area to receive the concrete mow strip / intrusion barrier. When the concrete mow strip I intrusion barrier is to be constructed adjacent to the existing fence line, the Contractor shall be careful to protect the existing fence. In the event that the existing fence is damaged beyond its F-162-9 Addendum No.2 104 PART 4 401 useful function due to activities surrounding construction of the concrete mow strip / intrusion barrier, it shall be the Contractor's responsibility to replace or fix that which was damaged. I I I I ,I I I I I I I II I I I I I I I B. All grading required to construct the concrete mow strip I intrusion barrier shall be performed according to Item P-152. C. Placement of stainless steel eyebolts shall be in accordance with the details in the drawings. Installation of eyebolts shall occur prior to concrete setting. WTT.Dr .IFF DITCH TRFA TMRNT In areas indicated to receive wildlife ditch treatment, the Contractor shall install the new ditch treatment as indicated in the drawings. Any debris encountered that may affect the installation shall be removed and properly disposed of. I MF.ASlJRRMRNT A.Nn PAVMF:NT RASTS OF MEAST JRRMENT A. New chain-link fence will be measured for payment by the linear foot. Measurement will be along the top of the fence from center to center of end posts and shall include grassing and mulching of disturbed areas. B. C. New concrete mow strip / intrusion barrier for either new or existing chain link fence will be measured for payment by the linear foot and shall include any and all earthwork required for its installation. D. Payment for dual-leaf manual and electric swing gates, single-leaf manual and electric swing gates, and pedestrian gates will be made at the contract unit price for each gate. E. Payment for single-leaf cantilever slide gate will be made at the contract unit price for each gate and shall include gate operators and controllers, and all necessary safety requirements to comply with Underwriters Laboratory safety standard UL 325. All electrical connections required for these items shall be considered incidental to the unit price bid for each gate. F. Wildlife ditch treatment will be measured for payment on a lump sum basis and shall include that ditch treatment required from center to center of end posts, as shown in the drawings. F-162-10 Addendum No.2 I I I I I I I ,I I I I I , I I "1 I I I I 407 RASTS OF PAYMENT A. Payment for chain-link fence will be made at the contract unit price per linear foot. B. Payment for six-strand barbed wire will be made at the contract unit price per linear foot. C. Payment for concrete mow strip / intrusion barrier will be made at the contract unit price per linear foot. D. E. Payment for wildlife ditch treatment shall be made at the contract unit price per lump sum. The price shall be. full compensation for furnishing all materials, and for all preparation, erection, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: ifll:::E!iliiij::::::::::::):::\,:\::::"tif:ihiii:'Emi\j?ijfiii::I\i~~[liHIi'tlb'6~ Item F-16211l Item F-16~ Item F-16.z1 Item F-16211J Item F -16211 Item F-1621 Item F -16211 Item F-162i1 Mow Strip / Intrusion Barrier' A' for New Fence -- per Linear Foot Mow Strip / Intrusion Barrier 'B' for Existing Fence -- per Linear Foot 24' Dual Leaf Manual Swing Gate -- per Each 20' Dual Leaf Manual Swing Gate -- per Each 16' Dual Leaf Manual Swing Gate -- per Each 14' Dual Leaf Manual Swing Gate -- per Each 12' Single Leaf Manual Swing Gate -- per Each 4' Pedestrian Gate -- per Each F-162-11 Addendum No.2 Item F-1621 Item F-1621 Item F-1621\ Item F-1621 Item F-1621 Item F-16j) ASTM A 121 ASTM A 123 ASTM A 153 ASTM A 392 ASTM A49l ASTM A 585 ASTMA8l7 ASTM A 824 ASTM F 626 ASTM F 669 ASTM F 900 ASTM F 1083 24' Dual Leaf Electric Swing Gate -- per Each 20' Dual Leaf Electric Swing Gate -- per Each 12' Single Leaf Electric Swing Gate -- per Each , 24' Single Leaf Cantilevered Slide Gate -- per Each 'Six -Strand Barbed W,ire - per Linear Foot. Wildlife Ditch Treatment -- per Lump Sum M A TRRT AT, RRQIJJRRMRNTS Zinc-Coated (Galvanized) Steel Barbed Wire Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip Zinc Coating (Hot-Dip) on Iron and Steel Hardware Zinc-Coated Steel Chain-Link Fence Fabric Aluminum-Coated Steel Chain-Link Fence Fabric Aluminum-Coated Steel Barbed Wire Specification for Metallic-Coated Steel Wire for Chain Link Fence Fabric Specification for Metallic-Coated Steel Marcelled Tension Wire for Use With Chain Link Fence Specification for Fence Fittings Specification for Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence Specification for Industrial and Commercial Swing Gates Pipe, Steel, Hot-Dipped Zinc-coated (galvanized) Welded, F-162-12 Addendum No.2 I I I I I I I I I I I I I I I I I I I I I I I Ii I I I I I I I 'I I I I I' I I for Fence Structures Fed. Spec. RR-F-t91/3 Fed. Spec. RR-F-191/4 Fencing, Wire and Post, Metal (Chain-Link Fence Posts, Top Rails and Braces) Fencing, Wire and Post, Metal (Chain-Link Fence Accessories) END OF lTEMF-162 F-162-13 Addendum No.2 . - -..... ~ ACORD,. CERTIFICATE OF LIABILITY INSURA E OP 10 B~ DATE (MM/DDIYYYY) SMITH-9 06/06/05 PRODUCER THIS CERTIFCATE IS ISSUED AS A MATTER OFINFORMATION Bouchard-Clearwater ONLY AND OONFERS NO RIGHTSUPON THE CERTIFCATE 101 Starcrest Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 6090 ALTER THE COVERAGE AFfORDED BY THE POLCIES BELOW. Clearwater FL 33758-6090 Phone: 727-447-6481 Fax: 727-449-1267 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: HANOVER INSURANCE COMPANY Smlth Industriesc Inc~ INSURER B: BRIOGEFIELD EMPLOYERS INS co dba.. Smi th Fence ompany . and Smith Fence INSURER C: 4699 110th Ave North INSURER 0: , Clearwater FL 33762 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'TWITHSTANDING 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD DATE MM/DOrNi" LIMITS GENERAL LIABILITY EACH OCC.URRENCE $1000000 - 06/01/05 ~~~'Es (E~~~ce) A X X COMMERCIAL GENERAL LIABILITY RZJ7226346 10/10/04 $ 300000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10000 ~ CONTRACTUAL LIAB PERSONAL & ADV INJURY $1000000 X XCU 10 DAY CAIIC NOTICE NONPAY GENERAL AGGREGATE $2000000 f-- $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG h POLICY Tx r~8T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 f-- A X ANY AUTO AZJ7229200 10/10/04 06/01/05 (Ea accident) f--- ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) .f--- ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AuTos (Per accident) f--- f-- PROPERTY DAMAGE $ 10 DAY CAIIC NOTICE NONPAY (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $. 1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSJUMBRELLA LIABILITY , EACH OCCURRENCE $ 10000000 A ~] OCCUR o CLAIMS MADE UHJ7236996 10/10/04 06/01/05 AGGREGATE $ 10000000 10 Dav $ Notice ~ DEDUCTIBLE Cancl $ Non Pay X RETENTION $ none $ WORKERS COMPENSATION AND X I TORY LIMITS I IU~~- B EMPLOYERS' LIABILITY 0830-30352 10/10/04 06/01/05 E.L. EACH ACCIDENT $ 500000 ANY PROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? 10 DAY CAIIC NOTICE NONPAY E.L. DISEASE - EA EMPLOYEE $ 500000 If~, describe under E.L. DISEASE ~ POLICY LIMIT $ 500000 S CIAL PROVISIONS below OTHER A Leased & Rented RZJ226346 10/10/04 06/01/05 Limits $150,000 Equipment 10 OAY CAIIC NOTICE NONPAY Ded. $1000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: AUGUSTA REGIONAL AIRPORT PERIMETER FENCING IMPROVEMENTS PROJECT CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. AUGUSTA GA & AUGUSTA RICHMOND COUNTY COMMISSION 530 GREEN ST ROOM 605 AUGUSTA GA30911 '- ~ - '''' oS< CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TlVES. EP SENTA CERTIFICATE HOLDER AUGUSTA ACORD 25 (2001/08) @ACORD CORPORATION 1988 /J .... .... ,....:' Q ...~ :i ...