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Item C23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 5/15/02 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of Policies and Procedures for the Noise Insulation Program, Phase 2, for the Key West International Airport. ITEM BACKGROUND: Package contains various forms, contracts, and inforl'Jlation, which will be used for the Noise Insulation Program, Phase II construction. All phases of the Noise Insulation program are funded by the Federal Aviation Administration and Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION. Approval for the County Administrator to execute the Key West International Airport Noise Insulation Program Agreements on behalf of the County, 10/18/00. Approval of PFC Application # 4, 7/8198, approval of PFC Application # 6,3/20/02. CONTRACTIAGREEMENT CHANGES: New documents STAFF RECOMMENDATION: Approval " " TOTAL COST: Unknown, pending bids for construction BUDGETED: Yes COST TO AIRPORT: None COST TO PFC: Unknown COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTHIYEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X KEY WEST AIRPORT DIRECTOR APPROVAL Qr-H Peter J. Horton DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # ~~A..? Ibev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Various blank forms, contracts, and information for review Effective Date: N/A Expiration Date: N/A Contract Purpose/Description: Review of Policies and Procedures for the Noise Insulation Program, phase 2, for the Key West International Airport Contract Manager: Bevette Moore (name) # 5195 (Ext. ) Airports - Stop # 5 (Department/Courier Stop) for BOCC meeting on: 5/15/02 Agenda Deadline: 5/1102 CONTRACT COSTS Total Dollar Value of Contract: N/A Budgeted? N/A Grant: FAA anticipated FY 2003 County Match: PFC Revenue Current Year Portion: N/A Account Cddes: N/A " Estimated Ongoing Costs: N/A (not included in dollar value above) ADDITIONAL COSTS For: . (eg. maintenance. utilities, janibrial. ~alaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No Reviewer Airport Manager 4 1'L67 O'L . iJl1J C;}- ~~- Vdd./ o~ ) (~ ) (vJ ) ( ) )(~ Risk Manag~/ nt '- . ~./ O.M.B.lPur a' g County Attorney Comments: .. Date Out AI 1b I 01.... !::1J flJ C d-.. 3J (~ d~ , ~_J?Zk:2-2 KEY WEST INTERNATIONAL AIRPORT PART 150 NOISE COMPATIBILITY PROGRAM NOISE INSULATION PROGRAM PHASE 2 POLICIES AND PROCEDURES Preliminary Draft, Subject to Revision April 11, 2002 Prepared by: URS In Conjunction with: Jones Payne Architects and Planners, Inc. Wyle Laboratories, Inc. KEY WEST INTERNATIONAL AIRPORT FAR PART 150 NOISE COMPATIBILITY PROGRAM NOISE INSULATION PROGRAM POLICIES AND PROCEDURES TABLE OF CONTENTS 1 INTRODUCTION..................................... .............. .............. ........................................... 1 1.1 Purpose.......................................................................................................... 1 1.2 Administrative and Implementation Roles and Responsibilities....................... 2 1.3 Program Goals. .......................................................... ........... ......................... 3 1.4 Typical Home Modifications ............................................................................ 3 1.5 Funding of Noise Insulation Treatment ........................................................... 4 1.6 Areas of Eligibility.................. ........... .............. ........... ........... .......................... 4 1.7 Eligibility of Residences for Participation......................................................... 4 1.8 Phases and Schedules for Participation.......................................................... 5 2 HOMEOWNER PARTICIPATION PROCESS. .......................................................... ..... 6 2.1 Notification of Eligibility... ............................ ........... .............. ........... ................ 6 2.2 Evaluation Visit. ........... ........... .............. ............. .............. ........... ............ ........ 6 2.3 Assessment of Conditions ............................ .............. .................................... 7 2.4 Pre-modification Noise Audit........................................................................... 9 2.5 Presentation of Treatment Concept..... .............. ............................................. 10 2.6 Homeowner Option for Termination or Deferral.............................................. 10 3 BI D PROCESS.............................................................................................................. 12 3.1 Construction Documents................................................................................ 12 3.2 Bid Documents............................................................................................... 12 3.3 I nvitation to Subm it Letters of Interest............................................................. 13 3.4 Contractor Pre-qualifications............................................. .............................. 13 3.5 Pre-Bid Conference......................................... .............. ................................. 13 3.6 Bid Award...................... ........................................................ ......................... 14 3.7 Contract Documents... .............. ............................ ............. ............ ................. 14 4 CONSTRUCTION PROCESS ................................................................... ........... .......... 15 4.1 Notice- To-Proceed........... .............. ................. ................................................ 15 4.2 Pre-Construction Conference..... .................................................................... 15 4.3 Contractor Walk-Through................................................................................ 15 4.4 Product Submittals................ ................ .......................................................... 16 4.5 Shop Drawings..................................... ............ .............................................. 16 4.6 Construction Schedule..................... ............................................................... 17 4.7 Forty Eight Hour Notice.................................................................................. 17 4.8 Construction MeetingsNisits................. .............. ............................................ 17 4.9 Request For Information/Proposal Request/Change Orders ........................... 17 4.10 Substantial Completion...................... ............................................................. 17 4.11 Punch Lists..................................................................................................... 18 4.12 Final Inspection.............................................................................................. 18 April 11, 2002 TABLE OF CONTENTS 5 POST-CONSTRUCTION PROCESS ............................................................................. 19 5.1 Warranty Package....................... ............................................ ....................... 19 5.2 As-Builts/35 mm ......... ..................................................... ............................... 19 5.3 Project Acceptance................. ........................................................ ................ 19 5.4 Post-modification Noise Audit......................................................................... 19 5.5 Homeowner's Post-modification Questionnaire............................................... 20 5.6 Warranty Requests. ......................................... ............................................... 20 LIST OF APPENDICES A. AVIGATION EASEMENT B. LIST OF STREET ADDRESSES C. NOISE INSULATION PROGRAM APPLICATION D. HOMEOWNER'S PRE-MODIFICATION QUESTIONNAIRE E. NOISE INSULATION PROGRAM CONTRACTS F. HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE G. FAA LETTER April 11, 2002 ii KEY WEST INTERNATIONAL AIRPORT FAR PART 150 NOISE COMPATIBILITY PROGRAM NOISE INSULATION PROGRAM POLICIES AND PROCEDURES 1 INTRODUCTION On May 7, 1999, the Federal Aviation Administration (FAA) approved the following six land use measures as the Noise Compatibility Program (NCP) for Key West International Airport: 1. Provide Noise Insulation in Exchange for Avigation Easements, 2. Purchase Homes, Provide Noise Insulation, then Resell with Easements, 3. Update Noise Contours Annually, 4. Rezone Vacant Parcels, 5. Acquire Vacant Parcel, and 6. Establish Compatible Land Use Zoning. This document outlines the policies and procedures to be followed for the administration of Phase 2 of the Key West International Airport Noise Insulation Program, for up to 25 homes located in the Riviera Shores Neighborhood, south of the Riviera Canal. The Consultant Team is composed of the following firms: . URS Corporation, herein referred to as the Consultant's Project Manager . The Jones Payne Group, herein referred to as the Project Architect . Wyle Laboratories, herein referred to as the Acoustical Engineer . RCT Engineering, herein referred to as the Mechanical/Electrical Engineer In addition, the Consultant Team will utilize the services of the Airport Noise Program Coordinator (which is a Monroe County staff position) to perform certain homeowner liaison tasks as described below. The duration of Phase 2 is estimated at 16 months. 1.1 Purpose The purpose of the Noise Insulation Program is to "reduce the adverse impact of airport- related noise on building occupants or residents." In addition, the program "is not intended to compensate for inadequate maintenance, or to bring nonconforming structures up to building code standards, or to improve the comfort or attractiveness of a building, although these benefits may result indirectly from the program." (Airport April 11, 2002 Page 1 of 20 Improvement Program (AlP) Handbook, U.S. Department of Transportation, Federal Aviation Administration, Order 5100.38A, October 24, 1989, Chapter 7, "Noise Compatibility Projects," 9712, "Noise Insulation Projects," paragraph a.(2), page 81.) This manual sets forth the general guidelines and identifies responsibilities to assist Monroe County, its agents, employees, and contractors, in the implementation of the Noise Insulation Program. The subsequent sections of this manual discuss in detail the elements of the Noise Insulation Program including: program goals, eligibility for participation, phases and schedules for participation, Homeowner participation process, bid process, construction process, etc. From time to time during the course of the Noise Insulation Program, this manual may be updated or revised, as appropriate, as the Program is refined through hands-on experience in this community. The objective of this manual is to ensure that all aspects of the Noise Insulation Program comply with all policies and approval criteria established by Monroe County, the FAA, and the Florida Department of Transportation (FOOT), in order to secure Federal and state grant funding which is essential to implementing the approved NCP. 1.2 Administrative and Implementation Roles and Responsibilities A number of organizations will be involved in the Noise Insulation Program implementation, including: · The Monroe County Board of County Commissioners will approve the Noise Insulation Program Policies and Procedures Manual, and provide the local share of the funding, which is anticipated to be on the order of 10% of the overall program cost. The BOCC plans to utilize revenue generated by Passenger Facility Charges (PFCs) to fund their portion of the program cost. · The Federal Aviation Administration (FAA) will approve the Noise Insulation Program Policies and Procedures Manual, and provide a majority of the funding for the Noise Insulation Program, which is anticipated to be on the order of 90% of the overall program cost. It is anticipated that the FAA will provide Federal grants through the Airport Improvement Program (AlP) to fund their portion of the program cost. · The Proaram Manaaement Consultants will act as the overall program administrator and provide day-to-day program implementation services. · The Key West International Airoort will provide a staff person to fill the position of Airport Noise Program Coordinator and will maintain a Project Office located on the second floor of the airport terminal building. April 11, 2002 Page 2 of 20 . The Buildina Contractors will complete noise insulation work on residences. The Program Management Consultants will manage the Building Contractors, and be the agent on day-to-day coordination and communication between the Contractor and the Homeowner. 1.3 Program Goals The FAA has established Noise Level Reduction (NLR) improvement criteria that the Noise Insulation Program must meet to be eligible for federal funding. These criteria are defined in the Airport Improvement Program (AlP) Handbook, U.S. Department of Transportation, Federal Aviation Administration, Order 5100.38A, October 24, 1989, Chapter 7, "Noise Compatibility Projects," 9712, "Noise Insulation Projects," paragraph b. "Residential Noise Insulation," page 82, and include the following: . Achieving an interior Day Night Level (DNL) of 45 dB in all habitable rooms, and . Achieving an improvement of at least 5 dB in the interior-to-exterior NLR. Monroe County's application of these criteria will be based on exterior noise levels calculated for the NCP's 2003 Noise Exposure Map, With Program Implementation. For residences located in areas where exterior noise exposure is DNL 65 dB, the requisite noise level reduction (NLR) provided by the structure should be at least 20 dB in major habitable rooms. The requisite NLR should be increased commensurate with any increase in exterior DNL above 65 dB. The design objective for the Noise Insulation Program is to achieve the requisite NLR when the project is completed. 1.4 Typical Home Modifications Modifications to homes involved in the Noise Insulation Program may include, but will not necessarily be limited to the following: . Replacement of existing doors and windows with acoustically-rated units, . Replacement of existing screen/storm doors with acoustically-rated units, . Installation of acoustically-rated storm windows over existing windows, . Installation of acoustically-rated storm doors over existing doors or over acoustically- rated replacement doors, . Provision or enhancement of thermal insulation in attics, . Provision, replacement and/or enhancement of weather-stripping and/or caulking, . Provision of air conditioning for residential units without a system or where the present system is obsolete, or retrofit of existing central air conditioning systems to achieve requisite NLR. April 11, 2002 Page 3 of 20 1.5 Funding of Noise Insulation Treatment Monroe County will fund 100 percent of the work items (labor and materials) deemed necessary for proper implementation of this Noise Insulation Program. In exchange for funding of modifications, Homeowners participating in the Noise Insulation Program must grant Monroe County an Avigation Easement. Appendix A contains a copy of the Avigation Easement. Additional work items requested by the Homeowner, that are not necessary for proper implementation of this Noise Insulation Program, will not be included in the Plans and Specifications and will not be funded by Monroe County. These items of work may be negotiated between the Building Contractor and the Homeowner, but this work must not begin until after completion and final inspection of the noise insulation work has occurred. Under no circumstances shall such additional work items reduce the acoustic performance of the noise insulation treatment. The Homeowner shall not intentionally remove or compromise any of the noise insulation materials and/or noise reduction equipment installed as part of the Noise Insulation Program. 1.6 Areas of Eligibility Single-family residences located within the Program Mitigation Area, as shown on Figure 1, will be considered eligible for participation in the Noise Insulation Program. This area constitutes the extent of the NCP's 2003 Noise Exposure Map, With Program Implementation. It also includes several otherwise ineligible parcels contiguous to the project area, which are necessary to achieve equity in the neighborhood, as described in the Airport Improvement Program (AlP) Handbook, U.S. Department of Transportation, Federal Aviation Administration, Order 5100.38A, October 24, 1989, Chapter 7, "Noise Compatibility Projects," 9710, paragraph b., page 79. Appendix B contains a listing of the street addresses of all residential parcels within the Program Mitigation Area. 1.7 Eligibility of Residences for Participation Structures within the Program Mitigation Area must also meet the following criteria to be included in the Noise Insulation Program: · The structure must be a legal residential unit, · The structure must contain no more than two dwelling units, · The structure must meet all applicable building codes. Generally, only primary structures will be eligible. Detached out-buildings used as residences, including detached garage apartments, will be considered for inclusion in the Noise Insulation Program only if the unit is finished, is occupied as a permanent April 11, 2002 Page 4 of 20 Program Mmgatlon Ar.a Nols. Insulation Program KEY WEST INTERNATIONAL AIRPORT II_HI_I_li_, """'f :U~~l; halhnl~' 'II i ;oF ill! i I Iii ild 1 ~ ~ c~ m : T ~\-=-rz i ~ .. "'in~ I D . III I..U, !i'sn .1 iii~'l i II ill 'I lJRS Creiner Woodward Clyde residence, and otherwise complies with all applicable building codes, land use regulations, and zoning ordinances. Mobile homes are not eligible for inclusion in the Noise Insulation Program. Manufactured homes will be considered on a case-by-case basis. 1.8 Phases and Schedules for Participation Specific areas will become eligible for participation in the Noise Insulation Program on a phased basis. In general, the phasing will be based on noise exposure levels, working from areas of highest to lowest exposure. The availability of FAA grant funds, and the acceptance of those funds by the Monroe County Board of County Commissioners, will determine the number of homes to be included in the Noise Insulation Program during any specified time frame. The general proposed participation in phasing for the program is :!:25 homes per phase. There may be adjustments to the number of participants in any phase due to the availability of funding. Consecutive phases may begin prior to the completion of a previously initiated phase. Consequently, several phases may be underway simultaneously, in various stages of completion. Prior to initiation of the final phase, all Homeowners who deferred participation in prior phases will be contacted and informed of this final opportunity to participate in the Noise Insulation Program. Homeowners will be given a maximum of 30 days from the date of this contact to notify the airport of their desire to participate in the final phase. Homeowners who do not notify the airport within this time frame will be automatically terminated from the program and offered no further opportunity to participate in the Noise Insulation Program. April 11, 2002 Page 5 of 20 2 HOMEOWNER PARTICIPATION PROCESS 2.1 Notification of Eligibility Homeowners within the Program Mitigation Area will be notified of their eligibility via certified mail with a return receipt requested. For unsuccessful deliveries, attempts will be made to contact those Homeowners through other means, such as by telephone, or in person. The notification package will include the following information: · A letter introducing the Noise Insulation Program and explaining the purpose of the notification process. · A Noise Insulation Program Application to determine the Homeowner's initial interest in the Noise Insulation Program, and gather/verify information about the Homeowner and their home. · A Homeowner's Pre-Modification Questionnaire. · A sample of the Monroe County-Homeowner Noise Insulation Contract for the Homeowner's review. · A pre-addressed envelope for return of the completed Application and Questionnaire. If, for any reason, an eligible Homeowner did not receive the notification package described above, the Homeowner may obtain the package from the Project Office and return the completed Application Form within a reasonable time for consideration in the program. Receipt of the Homeowner's completed Noise Insulation Program Application will be acknowledged either by telephone or by mail. Appendix C contains a copy of the Noise Insulation Program Application, Appendix 0 contains a copy of the Homeowner's Pre-Modification Questionnaire, and Appendix E contains a copy of the Monroe County-Homeowner Noise Insulation Contract. Appendix A contains a copy of the Avigation Easement. 2.2 Evaluation Visit The Project Architect will contact the Homeowners who have decided to participate in the Program and set up appointments for the evaluation visits. The evaluation visits will last approximately 1.5 hours. The Homeowners must be present during the evaluation visit to answer questions and make product selections. The Evaluation Team will document and evaluate the residence as well as interview the Homeowner. The Evaluation Team will consist of an Architectural Specialist, April 11, 2002 Page 6 of 20 Mechanical and Electrical Specialists, a Draftsperson, and the Airport Noise Program Coordinator. The Consultant Team will review the steps to participation, explain all the requisite paperwork the Homeowner must fill out in order to participate in the program, and secure title and mortgage information. They will also review the Monroe County- Homeowner Noise Insulation Contract with the Homeowner, and answer any questions the Homeowner may have regarding their participation in the Noise Insulation Program. The Consultant Team will describe the design and construction process to the Homeowner. The Homeowner will be advised as to the number of forthcoming visits by the team through construction. In addition, the Homeowner will be asked for a short history and special characteristics of the residence and its occupants. The Consultant Team will also discuss treatment options, technical issues and other noise insulation measures with the Homeowners at the on-site visits. The Homeowner will be shown samples of the available acoustical windows and doors, and asked to choose styles and colors. These selections will allow the Architectural Specialist to begin the evaluation, documentation and detailing for the new acoustical windows and doors. At the same time, the Draftsperson will draw the floor plan and elevations as needed on the computer. The Mechanical and Electrical Specialists will document and evaluate the mechanical and electrical systems. The Architectural Specialist will photograph the exterior elevations, review interior spaces, and define Homeowner Pre-work. The Evaluation Team will reassemble to summarize the findings of each component of the acoustical evaluation. There may be unresolved issues or conditions of special concern that will require follow-up discussions prior to a treatment recommendation. 2.3 Assessment of Conditions During the Evaluation Visit, the Evaluation Team, to the best of their ability, will determine if conditions exist that may pose health hazards or life endangerment and if any general repairs are required to receive proposed noise insulation treatments. These repairs and corrections, as related to the noise insulation treatments, will be discussed with the Homeowner to develop an approved schedule for completion. The Homeowner must have the repairs and corrections substantially completed before their residence will be included in a bid package. Major non-conforming building code issues which compromise the safe and sanitary occupation of the residence will make the property ineligible for participation for the April 11, 2002 Page 7 of 20 Noise Insulation Program until such issues are brought into compliance by the Homeowner. These code infractions may arise at any point during the design and construction process. Certain latent conditions may not be exposed until or during construction. The intent of the program is not to conduct a detailed code review and analysis of each property, nor to undertake extensive remedial measures to correct outstanding deficiencies to allow implementation of the acoustical treatment recommendations. The program focuses only on the Mechanical, Electrical, Structural or Code issues that will affect proper installation of the noise insulation products as recommended. The responsibility for resolution of these deficiencies belongs to the property owner. Once the issue has been resolved, participation in the program can continue provided scheduling and funding permit. The presence of hazardous materials may affect eligibility for participation in the program, as well as treatment approaches for certain building components. Under current federal and state regulations, the handling and removal of hazardous materials from residential structures in connection with building rehabilitation and renovation type projects are clearly defined. As in the case of pre-existing code violations, the Noise Insulation Program is not intended to remove hazardous materials. The handling of hazardous materials in the program is limited to areas where the acoustical improvements or associated improvements are installed. Two primary hazardous materials, asbestos and lead paint, are dealt with under suggested program procedures. · Asbestos containing materials that are encountered in the noise insulation process may be removed, altered and/or disposed of under the construction contract. These can be found as part of the existing HVAC systems or in "transite" type asbestos siding materials which may be affected by window and door replacement. Where possible, the recommended improvements will not disturb any asbestos containing materials. Work performed in connection with such construction operations must be carried out in conformance with all applicable federal, state and local regulations. . Lead paint, if present in a structure, does not exclude the residence from the Noise Insulation Program. If however, a Homeowner has been issued an order to "de-lead" by the proper authority, the residence will be placed "on-hold" until all de-leading activity has been completed (at the Homeowner's expense) and certified by the responsible oversight agency. Appropriate federal, state and local regulations must be followed where the installation of acoustical treatments or associated treatments may disturb known or suspected lead paint containing materials. The presence of termites or termite-damaged wood may affect eligibility for participation in the program, as well as treatment approaches for certain building components. As in the case of pre-existing code violations and hazardous materials, the Noise Insulation Program is not intended to remedy termite infestation or repair termite-damaged wood. If the Homeowner believes they cannot make the repairs necessary to meet building code(s) and structural soundness standards required for the noise insulation April 11, 2002 Page 8 of 20 improvements within the approved time frame, they may defer participation in the program until such time as repairs have been made (and as long as the Noise Insulation Program is still active). The Project Architect will confirm the Homeowner's request for deferral in writing. If the Homeowner chooses not to make the repairs necessary to meet building code(s) and structural soundness standards required for the noise insulation improvements, they may request termination from the program. The Project Architect will confirm the Homeowner's request for termination from the program in writing. 2.4 Pre-modification Noise Audit Approximately 20% of total number of homes in each Phase will be selected for the pre- modification noise audit. The sample will be selected to represent the range of housing types, as well as unusual conditions. The homes will be selected following the Evaluation Visit. Usually, each home that is measured before construction will also be measured after as well. Following completion of the Evaluation Visits for all the homes in the current Phase, the homes to be included in the pre-modification noise audit will be selected. The Acoustical Engineer will contact the selected Homeowners and set up appointments for the pre- modification noise audits. The Acoustical Specialist will conduct the pre-modification noise audit of habitable rooms in each selected home. The pre-modification noise audit will take approximately two hours to complete. The noise level reduction (NLR) measurements essentially consist of placing a loudspeaker inside each of the rooms that will be measured. The electrical signal of a pink noise source is fed through the amplification/loudspeaker system and is filtered to simulate aircraft noise. The technician will measure the average interior sound level within the room and the sound level directly outside each exterior element (Le., doors, windows, walls). An overall NLR will be mathematically computed based on the measured test data and the acoustical conditions of each room. It is preferable that the Homeowner be home during the NLR measurements. However, since high sound levels will be generated inside the house (the technician wears hearing protection), the Homeowner should make arrangements ahead of time to have pets moved out of the house or to a room that can be closed off from the rest of the home. Also, it is recommend that the Homeowner go outside or to a room that can be closed off from the rooms being tested. Pre-modification test results will be used to develop the treatment recommendations. Post-modification measurements will be taken, compared and summarized for qualitative evaluation of the treatment protocols and program goals. April 11, 2002 Page 9 of 20 2.5 Presentation of Treatment Concept The Airport Noise Program Coordinator will contact the Homeowners and set up appointments for presentation of the Concept Packet, including all treatment recommendations and product selections such as color, style, and material. Any changes proposed by the Homeowner during this meeting must be reviewed by the Program Management Consultant prior to approval. The Concept Packet documents existing conditions, floor plans and miscellaneous items that are to be incorporated into the design documents. It also contains the recommended acoustical treatments to the windows, doors, ceilings, and walls. The Concept Packet will include the following information: . Product Selection Forms, · Elevation Photographs, . Homeowner Pre-work Requirements, . Schematic Floor Plans, . Mechanical Recommendations, . Electrical Recommendations, . Ceiling and Wall Treatment Recommendations, and . Door and Window Treatment Recommendations. The Airport Noise Program Coordinator will also review the Monroe County-Homeowner Noise Insulation Contract with the Homeowner again, and obtain the Homeowner's signature on all documents, as required. A fully-executed Monroe County-Homeowner Noise Insulation Contract, including the Avigation Easement, must be in place before the residence is assigned to a bid package, since the scope of work contained in the Monroe County-Homeowner Noise Insulation Contract is the basis of the final design and work described in the contract documents. If the Homeowner has not signed the Monroe County-Homeowner Noise Insulation Contract, including the Avigation Easement, within fifteen days following presentation of the Concept Packet (or within fifteen days following written notification of the approval or denial of any Homeowner- proposed changes) they will automatically be terminated from the program. 2.6 Homeowner Option for Termination or Deferral Should the Homeowner be dissatisfied with the treatment recommendations described in the Concept Packet and included in the Monroe County-Homeowner Noise Insulation Contract, they may request termination from the program. The Airport Noise Program Coordinator and the Project Architect will confirm the Homeowner's request for termination from the program in writing, and advise the Project Manger. April 11, 2002 Page 10 of 20 Should the Homeowner decide not to proceed with the treatment recommendations described in the Concept Packet and included in Monroe County-Homeowner Noise Insulation Contract, they may defer their participation in the program. The Airport Noise Program Coordinator and the Project Architect will confirm the Homeowner's request to defer their participation in the program in writing, and advise the Project Manger. Homeowners who choose to defer their participation at this step will be given an opportunity to participate in the program after all other eligible participants in the Program Mitigation Area have been offered an opportunity to participate in the program. Prior to initiation of the final phase, all Homeowners who deferred participation in prior phases will be contacted and informed of this final opportunity to participate in the Noise Insulation Program. Homeowners will be given a maximum of 30 days from the date of this contact to notify the airport of their desire to participate in the final phase. Homeowners who do not notify the airport within this time frame will be automatically terminated from the program and offered no further opportunity to participate in the Noise Insulation Program. April 11, 2002 Page 11 of 20 3 BID PROCESS 3.1 Construction Documents A complete set of construction documents will be developed that meet all FAA requirements and the requirements of the local authorities. The construction documents will include written specifications that describe the products, suppliers, materials, and workmanship that are acceptable and which meet the technical requirements of the project. The construction documents will also include the plans and details referenced to the specifications sections. The documents will be of sufficient detail to be used for the formal bid process as well as for the actual construction phase of the work. Once a sufficient number of Homeowners have signed-up to fill a given Phase, all of the Concept Packets for those properties will be compiled and included in the bid package. The bid package set will contain at least the following information for each residence: . Floor plan that shows the existing construction and modifications that shall be made for each habitable level, the basement, and the roof plan; . Door and window schedules that are keyed to identifying marks on the floor plans and that call out the specific modifications that are required, complete with elevation drawings of typical doors and windows; . HVAC upgrade requirements including ventilation capacity and electrical capacity; and, . Detailed drawings of special installation techniques required for windows, doors, and other elements. Proposal/Bid Documents. 3.2 Bid Documents These documents will provide introductory information, bidding requirements, contracting requirements, construction products and activities, location map, general notes, drawings, technical specifications, and details. Bids shall be submitted using forms included with the Bid Documents obtained from the Program Management Consultant. Bid Documents are provided to qualified bidders. Vendors or other interested parties may obtain a set of Bid Documents upon a non- refundable payment of $100.00 per set, cash, check or money order made payable to the Program Management Consultant. April 11, 2002 Page 12 of 20 3.3 Invitation to Submit Letters of Interest Two advertisements will be placed, approximately one-week apart in local newspapers and the Dodge Report inviting contractors to submit Letters of Interest. The Invitation to Submit Letters of Interest will also be advertised in DemandStar by Onvia. The Invitation to Submit Letters of Interest will include a brief description of the project and the qualification criteria, along with the deadline for receipt of the Letters of Interest. 3.4 Contractor Pre-qualification Building Contractors wishing to bid on Noise Insulation construction projects will be evaluated and pre-qualified based on the following information: . Company structure and financial status, . Experience on Federal, State, and County projects, . Resume of proposed Superintendent, . Experience of Contractor and Subcontractors on Noise Insulation projects, . References, . Forces available to perform the work, and . Bonding capacity of Contractor and Subcontractors. Contractors who do not meet the minimum qualification criteria will be excluded from the bid process. Contractors and/or Subcontractors who perform below acceptable standards will be excluded from the bid process for all future phases. Performing below acceptable standards includes the quality of interaction with the Homeowners. Recognizing that one of the objectives of this program is to develop better relations between the airport and the community, good public relations between all involved, including the Contractor and Subcontractors, is imperative. The Ad-Hoc Noise Committee will review Contractor qualifications and determine eligibility for participation in the bid process. 3.5 Pre-Bid Conference There will be a mandatory Pre-Bid Conference for all pre-qualified Contractors. Pre- qualified Contractors will be notified of the time, date, and location of the Pre-Bid Conference. This will provide all pre-qualified contractors the opportunity to ask questions regarding the project and discuss the site conditions. Any necessary revisions and/or addenda to the Bid Documents will be prepared, along with responses to April 11, 2002 Page 13 of20 questions, and will be distributed to all bidders in accordance with the procedures described in the Bid Documents. Bid forms will be simplified as much as possible without compromising the ability to evaluate the bids received. 3.6 Bid Award The Monroe County Purchasing Department will open the Bids approximately four weeks after the initial Invitation to Bid advertisement. The County Attorney will review and certify the Bid process. All submitted Bids will be analyzed for compliance with the Bid Documents and to determine the lowest cost and best-qualified bidder. The firm with the lowest responsive bid may be the primary candidate for award of the contract, depending on other factors such as experience, reputation, references, etc. Following Monroe County's approval, the recommendation for award of the contract will be presented to the FAA for their concurrence. 3.7 Contract Documents The Contract Documents will include the Monroe County-Contractor Noise Insulation Contract and all referenced attachments. One Monroe County-Contractor Noise Insulation Contract will cover all of the homes in the Phase and will be executed between the Contractor and the County. A copy the Monroe County-Contractor Noise Insulation Contract is located in Appendix F. April 11, 2002 Page 14 of 20 4 CONSTRUCTION PROCESS 4.1 Notice- To-Proceed After the award of the contract and satisfactory execution of the Contract Documents, the Contractor will be issued a written Notice-To-Proceed (NTP). The Building Contractor will be provided with a list of required submittals and due dates from NTP. This is the start of the clock for submittals. The Contractor will be responsible for establishing an equipment and material staging area. This area will be used primarily for the on-site storage of construction materials. Building Contractors will be required to furnish secure storage trailers. 4.2 Pre-Construction Conference A Pre-Construction Conference will be held to review the scope of work and the coordination plan. Administrative procedures and performance requirements will be reviewed with the contractors. The Consultant will acquaint contractor personnel with the detailed requirements of noise insulation design. The Pre-Construction Conference will cover the following material: . Purpose of the project; . Goals to be achieved; · Homeowner interaction and sensitivity training; · Simplified description of noise transmission into buildings; . Noise insulation treatments; . Submittal requirements; · Scheduling and phasing of trades; . Level of workmanship; · Coordination requirements; . FAA Labor and DBE requirements; · Progress payments; · Requisitions and change orders; · Final closeout documentation requirements. 4.3 Contractor Walk- Through Pre-construction measurement visits will be scheduled to take place following the Pre- Construction Conference. The Project Architect will schedule these visits with the Homeowners for each designated bid package. The Contractor and Manufacturers' April 11, 2002 Page 15 of 20 Representatives are the usual participants in this visit. Each residence needs to be visited for approximately one hour, depending on the scope of work at the residence. The data from this visit will be used for development of the shop drawing submittal by the Contractor. The tasks at this visit include: · Product Measurements - The Contractor and Manufacturer Representatives will measure the window and door openings for ordering and manufacturing the designated products. The Contract Documents note the dimensions of these products for bid purposes only. If non-destructive removal of casings or trim are needed to establish an accurate measurement, the Contractor should be prepared for removal, secure replacement and clean-up. · Review of Installation Details - The Contractor will examine the existing condition of the windows and doors and compare with the stipulated installation detail noted in the contract documents. If the Contractor takes exception with the detail cited, alternate means of installation can be discussed. The suggested revised detail will need to be submitted in the shop drawing for approval. · Verification of Existing Conditions - Any changes to the existing conditions that may have occurred since the Evaluation Visit that may impact the acoustical treatment recommendations will be reported. All such changes are to be addressed to in a summary memo. These changes are to be reviewed by the team and any recommendations for modification of the Contract Documents will be addressed in a Proposal Request and Scope Revision to the Contractor. The Noise Insulation Program Agreement will be modified by amendment letter with a copy to all team members. · Verification of Finishes, Colors and Styles - Product selection styles, colors and finishes, the window grille configuration, and location of the air condensing unit will be verified with the Homeowner. 4.4 Product Submittals The Contractor is required to provide architectural, mechanical and electrical product submittals. Product submittals are required shortly after Notice-To-Proceed. The Contractor should assume that submittals for products not previously approved for use in the program will take longer than the normal review period. 4.5 Shop Drawings Shop drawings are required for each residence as soon as possible after the Contractor Walk-through. Ordering products prior to shop drawing submittal and approval is done at the Contractor's own risk and is not advised. All deviations and changes from the April 11, 2002 Page 16 of 20 Contract Documents are to be noted by the Contractor. The Contractor should not assume these changes will be approved. 4.6 Construction Schedule The Contractor is required to submit a summary schedule of the Contractor's plan for completing the project. This schedule will be a fully developed, horizontal bar chart type Contractor's Construction Schedule with a separate time bar for each significant construction activity per residence. 4.7 Forty Eight Hour Notice The Contractor shall contact the Homeowner 48 hours prior to start of construction. A site visit will be required to issue the lead paint pamphlets and to verify the Homeowner is prepared for the start of construction activity in their residence. 4.8 Construction MeetingsNisits Weekly construction progress meetings will be held at the Contractor's field office. The job superintendent, subcontractors, Project Architect and others should attend each meeting. The Contractor will be required to provide a construction status summary including scheduled product delivery status, construction progress and delays, and homeowner/tenant issues. A site visit(s) to residences where work is currently in progress to either view conditions that require review or to simply ensure treatments are being installed in a manner consistent with the contract details and acoustical requirements. 4.9 Request For Information/Proposal Request/Change Orders When questions arise regarding the contract documents or installation details, the Contractor is to submit a Request for Information (RFI). This request will be reviewed and a response provided to the Contractor. If there are changes to the contract documents as a result of the RFI, the Contractor will be required to submit a cost proposal before a change order is issued. 4.10 Substantial Completion For this program, substantial completion is not considered achieved until all products required under the base contract are installed as a finished product. There are occasional disparities in notions of compensation due for completed work depending on whether one sticks with the percentages and program definition for substantial April 11, 2002 Page 17 of 20 completion verses looking at the dollar value of outstanding work. Program policy is that the Contractor will be fairly compensated for the value of work done, less retainage and with sufficient moneys held in reserve to cover the purchase and installation for any outstanding products. This formula has been successfully used in determining percentages of completion. 4.11 Punch Lists When a residence has reached substantial completion, the Contractor is to notify the Project Architect in writing. The Project Architect will schedule an appointment with the Homeowner to perform a "punch list." This inspection will include a complete operational and cosmetic examination of all the architectural, mechanical and electrical elements in the contract documents. The Contractor should take good care to inspect the residence prior to the "punch list" to insure the outstanding items noted by the inspector are minimal. The punch list is not intended to be a Contractor's checklist or to allow the Contractor an extended work period to complete the construction at the residence. There may be instances where the delivery of a single product or circumstances beyond the Contractor's control may delay substantial completion. The Contractor may ask for a "pre-punch inspection." The inspector will "punch" the residence with the exception of the missing item(s). When the delayed product is delivered and installed the Contractor can ask for a "punch/final inspection." The item will be punched at the final inspection visit. The Contractor needs to be prepared to repair, adjust or replace any item the inspector finds at the time of the final inspection. This expedites the process for completion of the residence and may alleviate having to schedule another appointment with the Homeowner in order to complete construction. 4.12 Final Inspection The final inspection is a scheduled appointment with the Homeowner, Construction Supervisor, Project Architect, and the Architect/Engineer. This inspection, which may be attended by the FAA, is to determine that all work has been done per the base contract with additional change order work as required, and that all work meets project standards for workmanship and quality. April 11, 2002 Page 18 of 20 5 POST-CONSTRUCTION PROCESS 5.1 Warranty Package Once the final inspection has been completed, the Contractor is to provide two warranty packages for each residence. This package is to include operational and maintenance manuals for all products installed, the product manufacturer and description, the scope and time of the warranty coverage, and a contact phone number for repairs. One package will be supplied to the Homeowner and the second will be kept in the Project Office. 5.2 As-Builts/35 mm The Contractor will submit two copies of as-built documents: one original and one copy. These documents will have the Contractor's stamp and signature on them. In addition to the as-built documents the Contractor will provide a minimum of six color prints and negatives of each residence showing representative samples of work items. 5.3 Project Acceptance All required documentation will be reviewed with the Contractor. All individual residences must be accepted with all base contract and change order work completed before the project is accepted as complete. 5.4 Post-modification Noise Audit Each home that was measured before construction will also be measured after as well. Following completion of the Final Inspection for all the homes in the current Phase, the Acoustical Engineer will contact the selected Homeowners and set up appointments for the post-modification noise audits. The Acoustical Specialist will conduct the post- modification noise audit of habitable rooms in each selected home. The post- modification noise audit will take approximately two hours to complete. The noise level reduction (NLR) measurements essentially consist of placing a loudspeaker inside each of the rooms that will be measured. The electrical signal of a pink noise source is fed through the amplification/loudspeaker system and is filtered to simulate aircraft noise. The technician will measure the average interior sound level within the room and the sound level directly outside each exterior element (Le., doors, April 11, 2002 Page 19 of 20 windows, walls). An overall NLR will be mathematically computed based on the measured test data and the acoustical conditions of each room. It is preferable that the Homeowner be home during the NLR measurements. However, since high sound levels will be generated inside the house (the technician wears hearing protection), the Homeowner should make arrangements ahead of time to have pets moved out of the house or to a room that can be closed off from the rest of the home. Also, it is recommend that the Homeowner go outside or to a room that can be closed off from the rooms being tested. Pre-modification test results will be used to develop the treatment recommendations. Post-modification measurements will be taken, compared and summarized for qualitative evaluation of the treatment protocols and program goals. 5.5 Homeowner's Post-modification Questionnaire Approximately six weeks after completion of the post-modification noise audit, the Project Manager will mail a copy of the Homeowner's Post-modification Questionnaire to all Homeowners who participated. The purpose of this questionnaire is to determine the Homeowner's satisfaction with and reaction to the Noise Insulation Program. A copy of the Homeowner's Post-modification Questionnaire is located in Appendix G. 5.6 Warranty Requests For a one-year period following program acceptance, the Project Architect will act as a clearing-house for all warranty requests. All warranty requests will be investigated and the appropriate Contractor (or designated individual) will be contacted to provide repair/service as required. This follow up activity is an excellent way to collect data about and monitor the products used in the Noise Insulation Program. After this one year period, Homeowners will be instructed to contact the manufacturer or manufacturer's representative directly for warranty issues. April 11, 2002 Page 20 of 20 T .r , I 'I . '~'ll'~n'''''' , , '1'1" I'" , '" ' C I I " , , "II' "I I' II APPENDIX A A VIGA TION EASEMENT April 11, 2002 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this _ day of , by , hereinafter referred to as "the Homeowner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Homeowner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: also identified as street address: B. The BOCC is the owner and operator of Key West International Airport ("the Airport"). C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by both parties, the Homeowner and the BOCC agree as follows: 1. The Homeowner on behalf of the Homeowner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the Property. The use of the easement shall include the right to generate and emit noise, and to cause other effects as may be associated with aircraft landing and taking off at the Airport. This easement shall apply to all such aircraft activity at the Airport, with a maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached), and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this easement so long as the noise level does not exceed the referenced maximum (Year 2003 Noise Exposure Map, Without Program Implementation). January 9, 2001 Page 1 of 4 AVIGATION EASEMENT 2. I hiS easement shall be perpetual In nature and shall bind and run with the title to the Property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Homeowner on behalf of the Homeowner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorneys fees or causes of action of every kind or nature for which the Homeowner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of normal Airport operations or normal aircraft activities and noise levels related to or generated by normal Airport activity, or may hereafter have as a result of use of this easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the normal operation of the Airport or of aircraft landing or taking off at the Airport. 4. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorneys fees and costs incurred in connection therewith, including appellate action. 5. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This agreement shall be interpreted and construed according to the laws of the State of Florida. 6. No breach of any provision of this Agreement may be waived unless in writing. Waiver of anyone breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that anyone or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 7. In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the January 9,2001 Page 2 of 4 AVIGATION EASEMENT Airport continues to operate tor standard airport tllght purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 8. If the maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached) is exceeded, then the BOCC will, upon simple demand in writing from the Homeowner, cancel this Agreement from the public records. This Easement Agreement is executed as of the date first above written. Witnesses: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Mayor "BOCC" "HOMEOWNER" STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of , _by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _day of by Homeowner '- Notary Public My Commission Expires: January 9, 2001 Page 3 of 4 AVIGATION EASEMENT MORTGAGEE CONSENT MORTGAGE COMPANY ("Mortgagee"), is the owner and holder of a mortgage lien upon the property described in the foregoing easement ("the Property") pursuant to a mortgage recorded in Official Records Book _. Page _. Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: MORTGAGE COMPANY By: Signature of Witness As its: Print Name of Witness Signature of Witness Print Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , _ by as of MORTGAGE COMPANY, on behalf of the corporation. He/She is personally known to me or has produced as identification and did not take an oath. If no type of identification is indicated, the above-named person is personally known to me. Signature of Notary Public Print Name of Notary Public I am a Notary Public of the State of My Commission Expires on January 9,2001 Page 4 of 4 Cl 71::11. ='II: ..-= i~ rnCD CD flit .... a" '< ID~/ CD .. .... n:r :rCD "'\. flit > ... - m ::s ... -. n o n co m ::s .... o o o 7/11 10111 i DDIDLJDDIDDIDDI j g~~~~ 1 ~~I~!rg~~~~~~~~~ i ::I Q iiE 2: 3 .. 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Q) ..Q .8 u o ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~g~~~~~~~gg2~g~o~~~~ggg~~~2og~o~~gg c~~~~~~~~~ggggg~ggg~g~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PLlt:A TION NOISE INSULATION PROGRAM APPLICATION Key West International Airport Noise Insulation Program (1/ We) certify that (I am / we are) the owner(s) of the home located at: Address: City: Kev West State: Florida Zip Code: 33040 Home Phone Number: Work Phone Number: Cell Phone Number: Other Phone Number: (II We) request to participate in the Key West International Airport Noise Insulation Program. (I I We) have reviewed the attached sample Noise Insulation Program Agreement, including the Avigation Easement. (I I We) understand that implementation of the noise insulation modification designs will be contingent upon (my lour) acceptance of the actual Noise Insulation Program Agreement, including the Avigation Easement. (II We) agree to allow representatives of URS Corporation, Inc. and Monroe County access to this home and its surrounding property following a reasonable prior notification for the purpose of conducting architectural and acoustic measurements, inspections, and evaluations. (II We) also agree to complete the Homeowners Pre-Modification Questionnaire and the Homeowner's Post-Modification Questionnaire. Homeowner's Signature Homeowner's Signature Homeowner's Printed Name Homeowner's Printed Name Date Date Please return this Noise Insulation Program Application along with your completed Homeowner's Pre-Modification Questionnaire in the stamped, addressed envelope provided. October 23, 2000 April 11, 2 NER'S .p :1 , I 11 Ii II i ~ II H , ! I" ~ .~ II , \ il II il ! .~ Ii II I,: ij I' . I i 1 !f Ii II I, ~; II 11 I ~l ~ .~ ~ , r, r, !l .1 i~ ! ! i ~ ~ .~ II I' , I ~ ~ ~i i I II i! I! ~ ,1 I! :i ,~ , i H II ~ ~ H I" II ~ ! II ! ' , I ,i ! I II II II ~ i i I Li II I! ~ :" 1,1 i:1 jl,' : APPENDI,iO : E-MODIFIC~ tl~N QUESTIONNAIRE I ' HOMEOWNER'S PRE-MODIFICATION QUESTIONNAIRE Key West International Airport Noise Insulation Program Homeowner's Name(s): Address: Your answers to the following questions will not adversely affect your eligibility for participation in the Noise Insulation Program or limit the noise insulation treatments that may be recommended for your home. 1. How many years have you lived at this address? 2. How many people, including yourself, currently live at this address? 3. Of the current residents, how many are: Less than 18 years old 18 to 30 years old 31 to 40 years old 41 to 50 years old 51 to 60 years old Over 60 years old 4. How would you rate your health? Very Good Good Fair Poor 5. How much difficulty does aircraft noise cause you, inside your home, in terms of the following? Very Much Some Very None Much Little Conversation Falling Asleep Being Awakened from Sleep Concentration (reading, etc.) Children's Sleeping Listening to TV or Radio Talking on the Telephone Relaxation October 23, 2000 Page 1 of 2 HOMEOWNER'S PRE-MODIFICATION QUESTIONNAIRE 6. Are you annoyed by any other community noise sources other than aircraft noise? (If "Yes" please describe.) 7. For each primary room in you home, how would you rate the aircraft noise intrusion? Very Much Some Very None Much Little Living Room Family Room/Den Kitchen Bedroom where you sleep Bedrooms used by others Bedrooms not used often 8. Have you ever considered moving from your home because of aircraft noise? No Yes 9. During the past 5 years, did you ever complain to Key West International Airport or other officials or individuals about aircraft noise? No Yes 10. How would you rate the thermal insulation of your home? Very Good Good Fair Poor 11. Do you think the modification of your home for noise insulation is a good idea, or not? Can't Tell Yet No Opinion Good Idea Not a Good Idea Thank your for your help in completing this Homeowners Pre-Modification Questionnaire. Please return this Questionnaire along with your completed Noise Insulation Program Application in the stamped, addressed envelope provided. Signature of the person who completed the Questionnaire Date October 23,2000 Page 2 of 2 o~ ~i~ob~~ Cb~TRACTS i : : ~ : , : . . .' , i " ; MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT Key West International Airport Noise Insulation Program This Monroe County-Homeowner Noise Insulation Contract (the "Contract") is made and entered into by and between Monroe County (hereinafter referred to as lithe Sponsor"), and <<HOMEOWNER1>> and <<HOMEOWNER2>> (hereinafter referred to as lithe Homeowner"). HOMEOWNER HOMEOWNER ADDRESS CITY MAP & PARCEL NUMBER MAILING ADDRESS STATE WORK # WORK # HOME # ZIP CODE SUBDIVISION RECITALS: 1. The Homeowner is the sole record owner in fee simple of certain real property located in the City of Key West, State of Florida, and more particularly described on Exhibit A attached hereto ("the Property"); and 2. The Sponsor is the owner and operator of the Key West International Airport (lithe Airport"), situated in the City of Key West, State of Florida, and in close proximity to the Property; and 3. The Sponsor desires to attempt to reduce aircraft-generated noise levels in residences meeting the Noise Insulation Program eligibility requirements; and 4. The Homeowner desires to reduce aircraft-generated noise levels within their residence experienced when aircraft fly over or near the Property; and 5. In exchange for the Sponsor's agreement to provide the noise insulation treatment as set forth herein, the Homeowner agrees to grant to the Sponsor an avigation easement over, across and through the Property for such free and unobstructed flight of aircraft landing upon, taking off from, or maneuvering about the Airport. 6. The parties hereto desire to enter into this Contract for the modification of the Homeowner's Premises in accordance with the Noise Insulation Program. 7. The Contractor has been approved by the Sponsor for work in this program and has agreed to maintain all insurance and bond requirements for performance of the work contained herein. February 22, 2002 Page 1 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT 8. The Contractor has been selected to perform the Statement of Work (as described in the Project Manual, Volumes 1 & 2 and the Monroe County-Homeowner Noise Insulation Contracts). AGREEMENT: NOW, THEREFORE, for and in consideration of the Premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Contract, the Homeowner shall execute and deliver an Avigation Easement to the Sponsor in the form attached hereto as Exhibit B ("the Avigation Easement"). 2. Concept Packet. Prior to the date of this Contract, the Sponsor, at its sole expense, shall have caused a licensed architect in the State of Florida ("the Architect") to evaluate the Property and prepare the Concept Packet attached hereto as Exhibit C ("the Concept Packet") including the following information: a) Product Selection Forms, b) Elevation Photographs, c) Homeowner Pre-work Requirements, d) Schematic Floor Plans, e) Mechanical Recommendations, f) Electrical Recommendations, g) Ceiling and Wall Treatment Recommendations, and h) Door and Window Treatment Recommendations. 3. Homeowner Pre-work Reauirements. The Architect will identify any pre-existing code violations and any other existing defects in the Property which relate to or affect the proposed noise insulation treatment improvements including, but not limited to, code violations and any other existing defects in the architectural, structural, mechanical or electrical systems located on the Property. The Homeowner hereby acknowledges the existence of the Homeowner Pre-work Requirements listed in the Concept Packet. 4. Reauired Repairs. Notwithstanding anything to the contrary contained in this Agreement, the Homeowner shall be required to correct, through licensed contractors, and within thirty (30) days of the date of this Contract, any and all Homeowner Pre-work Requirements which, in the Consultant's determination, will prevent the Contractor (as hereinafter defined) from properly performing the Work on the Property (the "Required Repairs"). The Homeowner shall cause the Required Repairs to be properly corrected (at the Homeowner's expense), prior to, and as a condition of, the Sponsor causing the Work to be commenced. The Homeowner shall promptly contact the Sponsor upon the completion of all Required Repairs. February 22, 2002 Page 2 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT 5. Selection of Contractor. At the Sponsor's sole cost and expense, the Sponsor shall hire a contractor (the "Contractor") to perform the Work according to the terms and specifications of the Concept Packet. 6. Homeowner's Release. The Homeowner, for itself, its heirs, personal representatives, successors and assigns, does forever release, remise, discharge and covenant not to sue the Sponsor, or any of its agents, officers or employees, concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries, death, damage to property, and the consequences thereof, in connection with or arising out of the actions of the Architect. 7. Cooperation. As reasonably requested, the Homeowner shall cooperate with the Contractor in the performance of the Work including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 8. Additional Services from Contractor Prohibited. The Homeowner shall not contract with the Contractor to repair any Homeowner Pre-work Requirements or perform any other services at the Property on the Homeowner's own behalf during the period when the Contractor is under contract with the Sponsor to perform the Work. The Contractor and the Homeowner may by separate written agreement consent to optional work being performed, which optional work shall not be part of this Contract. However, the Sponsor reserves the right to require the Homeowner and the Contractor to defer any such optional work which shall affect the noise insulation Work until after completion of all modifications proposed to the Premises. 9. Utilities. The Homeowner shall permit the Contractor to use, at no cost to the Contractor or the Sponsor, existing utilities such as light, heat, power and water necessary to carry out the Work. 10. Access. At reasonable times and upon not less than forty-eight (48) hours advance notice, the Homeowner shall grant the Architect, the Contractor, the Sponsor, and their respective representatives, agents and employees access to the Property for the purpose of performing, supervising and inspecting the Work. 11. (a) When the Contractor determines that the Work is completed, the Contractor will request that the Architect make an inspection of the Work. The homeowners have consented to such inspection. If the Architect determines that the Work is in compliance with the Statement of Work, and the Homeowner accepts the Work and signs the Certificate of Final Inspection, the Sponsor will issue payment of the Contract Sum plus Sponsor-approved Allowance Changes and Change Orders less retainage. (b) If the Sponsor or the Architect determines that the Work is not in compliance with the Statement of Work, the Architect shall so notify the Sponsor, and shall provide the Sponsor with a list of items which are requested to be completed by the Contractor in order for the work to be accepted. The Sponsor shall review such list and notify the Contractor of the items approved by the Sponsor which must be completed. (c) Upon completion of the items required under paragraph (b) above, the Homeowner shall sign the Certificate of Final Inspection to signify they accept the Work. The Sponsor reserves the right to make final determination of acceptability of the Contractor's Work. If February 22, 2002 Page 3 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT the Sponsor determines Contractor has put forth a reasonable and normally expected effort to correct the list of discrepancies, and the Architect certifies the Work to be acceptable and complete, the Sponsor will issue paym~nt in the amount of the Contract Sum, less previous payments, plus the Sponsor-approved Allowance Changes and Change Orders less retainage. (d) No final payment shall be made to the Contractor pursuant to paragraph 11, until: (1) A Certificate of Final Inspection has been signed by the Homeowner, or in the absence of the Homeowner, signed by the Sponsor's Representative; (2) Contractor provides a Final Contractor's Affidavit and Final Release of Liens; and (3) Proof of cancellation of the "Notice of Contract" by the Clerk is obtained by the Contractor and submitted to the Sponsor. 12. (a) If the Contractor determines that the Work must be modified from the Statement of Work, the Contractor shall promptly notify the Architect in writing. The Contractor shall not proceed until directed by the Sponsor and the Architect. (b) The Contractor and the Sponsor agree that the following procedures will be followed: (1) The Sponsor may delete any Work set forth in the Statement of Work by a Contract Change Order, Construction Change Directive, or Construction Field Directive, signed by the Sponsor and delivered to the Contractor. The Sponsor may delete any Work set forth in the Statement of Work if such Work requires additional work to be performed, the cost of which is excessive as determined by the Sponsor, or if the Contractor encounters asbestos or other situations which may pose a health concern. The Homeowner will be notified of any changes in writing. (2) The Contractor acknowledges and agrees that any additional work as a result of conditions at the premises that were not reasonably discoverable prior to commencement of the Work may not be approved by the Sponsor and may be the responsibility of the Homeowner. In such event, the Homeowner may be required to remedy such conditions prior to the completion of the Contract, or the Sponsor will terminate the Homeowner's participation in the Noise Insulation Program. The Homeowner may re-enter the Noise Insulation Program after correction of any such conditions so long as the Program is ongoing. If the Homeowner's participation in the Noise Insulation Program is terminated by the Sponsor on this basis, the Sponsor shall pay the Contractor that portion of the Contract Sum earned prior to the Homeowner's termination. 13. (a) To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify and hold the Homeowner, the Consultant (including but not limited to the Architect), and the Sponsor, and their officers and employees completely harmless from and against any and all liabilities, demands suits, claims, losses, fines or judgments arising by reason of the injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Contract or the Contractor's performance under this Contract or the acts or omissions of the Contractor's officers, employees, agents, contractors, subcontractors, licensees or invitees regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the Sponsor or the Homeowner and regardless of whether February 22, 2002 Page 4 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT or not the Contractor is or can be named a party in any litigation. The Sponsor or the Consultant shall give the Contractor reasonable notice of any such claims or actions. The provisions of this section shall survive the expiration or earlier termination of this Contract. (b) The indemnification obligation of subparagraph 14.(a) above shall not be limited in any way by compensation benefits payable by or for the Contractor, under applicable workers, or workman's compensation benefit or disability laws. The Contractor expressly waives any immunity the Contractor might have had under such laws, and, by agreeing to enter into this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties. 14. The Contractor shall pay all attorneys' fees and expenses incurred by the Homeowner or the Sponsor in establishing and enforcing the Homeowner's andlor the Sponsor's rights under this Contract, whether or not suit is instituted. 15. If, in the Homeowner's opinion, the Work is unsatisfactory or the Contractor is damaging the Premises during the course of the Work, the Homeowner should immediately notify the Architect and the Sponsor's Representative. If the situation is reasonable and cannot be resolved to the Homeowner's satisfaction, the Homeowner may, upon written notice to the Sponsor, seek corrective action and/or withdraw from the program. 16. The Contractor shall at all times comply with all federal, state, and local laws, ordinances and regulations which apply to the Work to be performed under this Contract. Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties, and duties. NOTICE: All Home Improvement Contractors must be licensed by the State of Florida. Any inquiries about a Contractor should be transmitted to the State Office of the Contractor's Licensing Board. 17. Conflicts of Interest: Neither the contracting party (parties), or its employees nor any member of their family or organization, shall have any direct or indirect interest, financial or otherwise, in the business of any individual, entity or corporation involved in this project, directly or indirectly involving the Airport. The undersigned warrants that they (or it) presently have no interest which would conflict in any manner with nay of the contractual responsibilities under this Agreement. The contracting party (parties) certifies that they (or it) have not employed or retained any company, firm or person, other than bona fide employees working solely for them to provide the necessary labor, management and material to perform the work under this Contract; that no payment has been paid or agreed to be paid to any company, firm or person other than bona fide employees working solely for the undersigned and no fee, commission, percentage, gifts or any other consideration is to be paid contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the Airport shall have the right to annul this Agreement without liability. 18. The Work to be performed in any individual Premises under this Contract shall be scheduled no less than 4 weeks prior to commencement. The Contractor shall re-confirm with the Homeowner and the Architect no less than 48 hours prior to the commencement date. Work on each individual Premises shall reach substantial completion within ten (10) working days of the commencement date for that individual Premises. The Homeowner must provide access to the Contractor during this time period. Following identification of any punch list February 22, 2002 Page 5 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT items, the Contractor has ten (10) additional days to complete all punch list items. The Contractor must schedule access with the Homeowner during this time period. These time periods are to remain in effect unless extended in writing by the Sponsor or the Sponsor's Representative, due to circumstances beyond the reasonable control of the Contractor. 19. Title Examination. The Sponsor shall obtain, at its sole cost and expense, a Title Opinion (the "Opinion") relating to the Property, which Opinion shall be issued by an attorney licensed to practice in the State of Florida. The Sponsor shall deliver to the Homeowner a copy of the Opinion within sixty (60) days of the date of this Contract. 20. Permission to Contact Lenders. The Homeowner hereby permits the Sponsor to contact directly any and all parties holding mortgage lien(s) against the Property (the "Lenders") to inform such Lenders of the Avigation Easement. 21. Cooperation in Clearina Title. Prior to the commencement of the Work, the Homeowner shall cooperate with the Sponsor in order to (i) correct any title defects affecting the Property which are disclosed by the Opinion and in the sole determination of the Sponsor may serve to invalidate the Avigation Easement, and (ii) secure the written consent of any and all Lenders to the Homeowner's conveyance of the Avigation Easement to the Sponsor if the Sponsor determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of the Work, the Sponsor, in its sole discretion, determines that the Title Matters affecting the Property will not permit the valid conveyance of the Avigation Easement, this Contract shall be null and void, and the Avigation Easement shall be returned to the Homeowner. 22. No Removal of Noise Insulation Materials. The Homeowner shall not intentionally remove any of the noise insulation materials andlor noise reduction equipment installed as part of the Noise Insulation Program. 23. Withdrawal. The Homeowner acknowledges and agrees that the Homeowner may not withdraw from the Noise Insulation Program after this Contract is fully executed, without the prior written consent of the Sponsor. The Sponsor may terminate the Homeowner's participation in the Noise Insulation Program upon delivery of written notice to the Homeowner if the Homeowner fails or refuses to undertake the repairs required by paragraphs 3 and 4 above, or otherwise comply with the terms of this Contract. 24. Penaltv. In the event the Sponsor allows the Homeowner to withdraw from the Noise Insulation Program, the Homeowner agrees to pay costs of construction previously incurred, plus any additional costs of withdrawal, including but not limited to, the costs of the Concept Packet, Statement of Work, and solicitation of bids. 25. Cancellation of Aviaation Easement. If the Homeowner withdraws from the Noise Insulation Program as provided for in paragraphs 15 and 16 above, then the Sponsor will, upon simple demand in writing from the Homeowner, cancel from the public records the Avigation Easement executed concurrently herewith. 26. Warranties. The Contractor shall agree to remedy all defects due to faulty materials, equipment, or workmanship that appear within a period of one (1) year from the date of completion of the Work. In addition, the Contractor shall agree to assign directly to the February 22, 2002 Page 6 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT Homeowner all warranties or guaranties furnished or supplied by manufacturers of any materials or equipment installed in the residence. The Homeowner acknowledges that the Work undertaken as part of the Noise Insulation Program may be considered a capital improvement of the residence under local real estate assessment and taxing policies, and therefore, may result in increased property taxes on the residence. Sponsor shall not be responsible for any increase in property taxes, utility, or other costs as a result of the measures undertaken as a part of the Noise Insulation Program; nor shall the Sponsor be obligated to maintain any equipment, materials, or supplies utilized in the modification of the residence. The Homeowner acknowledges that these maintenance, tax, utility, or other costs are the Homeowner's responsibility. 27. Special Power of Attornev. If more than one person holds a share of the title to the residence, a Special Power of Attorney shall be signed by one or more titleholder which shall designate one person to act on behalf of those title holders signing the Special Power of Attorney during all phases of the Noise Insulation Program. 28. Successors and Assians. The terms and provisions of this Agreement shall be binding upon, and inure to the benefit of, the Homeowner, his heirs, personal representatives, successors and assigns, and the Sponsor, its successors and assigns. 29. Term. This Agreement shall begin as of the date indicated above, and shall terminate upon the date the Work is accepted by the Sponsor and the Homeowner or withdrawal of the Homeowner from the Noise Insulation Program, whichever occurs first. 30. Governina Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 31. Entire Aareement. This Agreement constitutes the entire agreement between the Sponsor and the Homeowner and shall not be changed or modified except by written consent hereto. February 22, 2002 Page 7 of 8 MONROE COUNTY-HOMEOWNER NOISE INSULATION CONTRACT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the latest date set forth below. HOMEOWNER: <<Homeowner_1 >> <<Homeowner_2>> Date: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _day of ._by <<Homeowner_1 >> <<Homeowner _2>> Notary Public My Commission Expires: SPONSOR: THE COUNTY OF MONROE By: Name: Title: Date: February 22, 2002 Page 8 of 8 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT Key West International Airport Noise Insulation Program This Monroe County-Contractor Noise Insulation Contract ("the Contract") is made and entered into by and between the undersigned contractor ("the Contractor"), and Monroe County ("the Sponsor"). CONTRACTOR ADDRESS CITY PHONE FAX # ZIP CODE STATE MAILING ADDRESS (if different than actual location) RECITALS: 1. The Sponsor is the operator of Key West International Airport ("the Airport") and administers the Noise Insulation Program. 2. The Sponsor and certain homeowners (hereinafter referred to as "the Homeowner") have previously entered into the Monroe County-Homeowner Noise Insulation Contracts which described certain obligations to be performed by the Sponsor and the Homeowner as part of the Noise Insulation Program. The Monroe County-Homeowner Noise Insulation Contracts are attached hereto and made a part of this Agreement 3. The parties hereto desire to enter into this Contract for the modification of the Homeowner's Premises in accordance with the Monroe County-Homeowner Noise Insulation Contracts and the Noise Insulation Program. 4. The Contractor has been approved by the Sponsor for work in this program and has agreed to maintain all insurance and bond requirements for performance of the work contained herein. 5. The Contractor has been selected to perform the Statement of Work (as described in the Project Manual, Volumes 1 & 2 and the Monroe County-Homeowner Noise Insulation Contracts) attached hereto. 6. Nothing in this Contract shall be construed to create any relationship between the Sponsor, its officers, representatives, employees, agents or consultants, and the Contractor, other than that of independent contractors. April 9, 2002 Page 1 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT AGREEMENT: NOW, THEREFORE, for. and in consideration of the Premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The original of this contract with the required attachments and the plans and specifications shall remain on file at the offices of the Airport. The required attachments shall include at a minimum: Contractor's Proposal (Bid) Public Construction Bond Payment Bond Performance Bond Contractor Affidavit Power of Attorney Insurance Certificate(s) Project Manual, Volumes 1 & 2 Monroe County-Homeowner Noise Insulation Contracts with all Exhibits and such other and further attachments as may be mutually agreed, all of which are incorporated herein by reference as if copied verbatim. In the event of any conflict between the provisions of this contract and the provisions of any attachment(s), the more restrictive on the Contractor shall apply. 2. The Contractor agrees to commence and complete the project, furnish and pay for all materials, supplies, tools, equipment, labor, and other services required to complete the Work, and do and perform all the Work required to complete the project, all in strict and complete compliance with the terms and conditions of this and the other contract documents for the Project, all of which are deemed a part hereof as fully and completely as if set out and copied verbatim herein. 3. The Contractor agrees to use all of those acceptable mechanical, electrical. Plumbing trades andlor other subcontractors set forth in his proposal and only them, in the construction of the Project unless a substitution or deletion is first approved by the Sponsor and to certify to the Sponsor when said subcontractors receive each period payment. 4. The Work to be performed under this Contract shall commence within ten (10) calendar days after receipt of the fully-executed contract. All work on all Premises, including punch list items, must be totally complete within _ U calendar days from the start of construction ("the "Completion Date") unless extended in writing by the Sponsor or the Sponsor's April 9, 2002 Page 2 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT Representative, due to circumstances beyond the reasonable control of the Contractor. The specified time intervals shall be computed from the day the Work commences or ten calendar days after the Notice-to-Proceed is issued, whichever comes first. Work on each individual Premises shall reach substantial completion within ten (10) working days of the commencement date for that individual Premises. The Sponsor and the Contractor agree that the damages which would be incurred by the Sponsor in the event of delay of the Project would be substantial but are not capable of being precisely calculated as of the execution of this Contract. The Sponsor and the Contractor therefore agree based upon their professional knowledge and experience with projects of this type and their best estimates of the damage associated with delay of the Project that the Contractor (and his surety) shall be liable for and shall forfeit One Hundred Twenty-five Dollars ($125.00) from the Contract Sum for each particular property included in the Project as defined in the Monroe County-Contractor Noise Insulation Contract, for each calendar day (Sundays and Holidays included) after the ten (10) day timeframe allocated to reach Substantial Completion for each particular property, and shall forfeit One Thousand Dollars ($1,000.00) from the Contract Sum for each calendar day (Sundays and Holidays included) after the Completion Date that any part of the Work upon any property remains incomplete, herein stipulated as fixed, agreed, as liquidated damages, and not as a penalty. All Work which does not conform to the requirements of this Contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Sponsor. Unacceptable Work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the Work, shall be removed immediately and replaced in an acceptable manner. Work done contrary to the instructions of the Sponsor, Work done beyond the lines shown on the plans or as given, except as herein specified, Work done in an unacceptable manner or any extra Work done with authority, will be considered as unauthorized and will not be paid for under the provisions of this Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Sponsor made under the provision of this subsection, the Sponsor will have the authority to cause unacceptable Work to be remedied or removed and replaced and unauthorized Work to be removed and to deduct the costs incurred from any monies due or to become due the Contractor. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails to take corrective action within a seven-day period after written notice from the Sponsor, the Sponsor may, after such seven-day period, give the Contractor a second written notice to correct the deficiencies. If within a three-day period, no action is taken to correct the deficiencies, the Sponsor may complete the Work and issue a Change Order deducting the value of the Work. 5. By execution of this Contract, Contractor represents that it has visited the Premises and familiarized itself with all conditions under which the Work is to be performed. Contractor April 9, 2002 Page 3 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT has further satisfied itself that the Statement of Work fully indicates the extent and requirements of all Work to be performed hereunder. If, after commencement of the Work, Contractor discovers that modifications to the Statement of Work are required as a result of conditions at the premises that were not reasonably discoverable prior to commencement of the Work, Contractor shall immediately initiate the change order procedure described in paragraph 16, below. 6. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, and for performing, scheduling and coordinating all portions of the Work in a proper manner and in strict compliance with all applicable codes, rules, regulations and laws. 7. Contractor warrants to Sponsor that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects, and in strict conformity with the Statement of Work. All work not so conforming to these standards may be considered defective, and may be rejected. Any defective or unauthorized work or materials shall be immediately remedied, removed, replaced or disposed of at Contractor's expense. 8. To ensure compliance with the Statement of Work, the Homeowner has agreed that all Work done and materials furnished shall be subject to inspection by a Sponsor representative. Work done or materials used without this inspection may be ordered removed and replaced at the Contractor's expense. 9. The Contractor shall be responsible for the acts and omiSSions of all its agents and employees and all its subcontractors, suppliers, their agents and employees, and all other persons performing any of the Work for the Contractor. 10. The Contractor shall be responsible for safety precautions and programs in conjunction with the Work. It shall comply with all applicable codes, rules, regulations, laws, and orders of any public authority having jurisdiction over the safety of persons or property. 11. (a) The Sponsor agrees to pay the Contractor for said Work the total sum of ($ ) dollars and pursuant to the terms and conditions of this and the other Contract Documents. Incremental payments shall be made for the Work on each property included as the percentage of completion of the Work on each such property is judged satisfactorily completed with the project milestones and in accordance with this and the other Contract Documents. This procedure, which is incorporated in the Monroe County- Homeowner Noise Insulation Contracts, is as follows: (1) When the Contractor determines that the Work is completed, the Contractor will request that the Architect make an inspection of the Work. The homeowners have consented to such inspection. If the Architect determines that the Work is in compliance with the Statement of Work, and the Homeowner accepts the Work and signs the Certificate of Final Inspection, the Sponsor will issue payment of the Contract Sum plus Sponsor-approved Allowance Changes and Change Orders less retainage. April 9, 2002 Page 4 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT (2) If the Sponsor or the Architect determines that the Work is not in compliance with the Statement of Work, the Architect shall so notify the Contractor, and shall provide a list of items which are requested to be completed by the Contractor in order for the work to be accepted. (3) Upon completion of the items required under paragraph (2) above, the Homeowner shall sign the Certificate of Final Inspection to signify they accept the Work. The Sponsor reserves the right to make final determination of acceptability of the Contractor's Work. If the Sponsor determines Contractor has put forth a reasonable and normally expected effort to correct the list of discrepancies, and the Architect certifies the Work to be acceptable and complete, the Sponsor will issue payment in the amount of the Contract Sum, less previous payments, plus the Sponsor-approved Allowance Changes and Change Orders less retainage. (4) No final payment shall be made to the Contractor pursuant to paragraph 11, until: (1) A Certificate of Final Inspection has been signed by the Homeowner, or in the absence of the Homeowner, signed by the Sponsor's Representative; (2) Contractor provides a Final Contractor's Affidavit and Final Release of Liens; and (3) Proof of cancellation of the "Notice of Contract" by the Clerk is obtained by the Contractor and submitted to the Sponsor. 12. The Contractor shall at all times keep the work site free from accumulation of waste materials or rubbish caused by its operations, and it shall clean any glass surfaces and shall leave the work site "broom clean" upon completion of the Work. 13. The Contractor shall comply with and, in all its subcontractor agreements, require that each such subcontractor will comply with and be bound by this Contract. 14. It is the intent of the Homeowner to occupy the Premises throughout the construction period. The Contractor shall conduct its business in such a way as to create as little impact as possible to Homeowner. 15. In addition to the Contractor's obligations to correct all deficient work appearing during the course of performing this Contract, the Contractor shall remedy all defects due to faulty materials, equipment, or workmanship which appear within a period of one (1) year from the date of completion of the Work under this Agreement, or within such longer period of time as may be prescribed by law. Further, the Contractor agrees to assign directly to the Homeowner any warranties or guaranties furnished or supplied by manufacturers of materials or equipment installed in the Premises. 16. (a) If the Contractor determines that the Work must be modified from the Statement of Work, the Contractor shall promptly notify the Architect in writing. The Contractor shall not proceed until directed by the Sponsor and the Architect. (b) The Contractor and the Sponsor agree that the following procedures will be followed: (1) The Sponsor may delete any Work set forth in the Statement of Work by a Contract Change Order, Construction Change Directive, or Construction Field Directive, signed by the Sponsor and delivered to the Contractor. The Sponsor may delete any April 9, 2002 Page 5 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT Work set forth in the Statement of Work if such Work requires additional work to be performed, the cost of which is excessive as determined by the Sponsor, or if the Contractor encounters asbestos or other situations which may pose a health concern. The Homeowner will be notified of any changes in writing. (2) The Contractor acknowledges and agrees that any additional work as a result of conditions at the premises that were not reasonably discoverable prior to commencement of the Work may not be approved by the Sponsor and may be the responsibility of the Homeowner. In such event, the Homeowner may be required to remedy such conditions prior to the completion of the Contract, or the Sponsor will terminate the Homeowner's participation in the Noise Insulation Program. The Homeowner may re-enter the Noise Insulation Program after correction of any such conditions so long as the Program is ongoing. If the Homeowner's participation in the Noise Insulation Program is terminated by the Sponsor on this basis, the Sponsor shall pay the Contractor that portion of the Contract Sum earned prior to the Homeowner's termination. 17. (a) To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify and hold the Homeowner, the Consultant (including but not limited to the Architect), and the Sponsor, and their officers and employees completely harmless from and against any and all liabilities, demands suits, claims, losses, fines or judgments arising by reason of the injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Contract or the Contractor's performance under this Contract or the acts or omissions of the Contractor's officers, employees, agents, contractors, subcontractors, licensees or invitees regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the Sponsor or the Homeowner and regardless of whether or not the Contractor is or can be named a party in any litigation. The Sponsor or the Consultant shall give the Contractor reasonable notice of any such claims or actions. The provisions of this section shall survive the expiration or earlier termination of this Contract. (b) The indemnification obligation of subparagraph 17.(a) above shall not be limited in any way by compensation benefits payable by or for the Contractor, under applicable workers, or workman's compensation benefit or disability laws. The Contractor expressly waives any immunity the Contractor might have had under such laws, and, by agreeing to enter into this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties. 18. The Contractor shall pay all attorneys' fees and expenses incurred by the Homeowner or the Sponsor in establishing and enforcing the Homeowner's and/or the Sponsor's rights under this Contract, whether or not suit is instituted. 19. The Contractor agrees to maintain comprehensive public liability and comprehensive property damage insurance, on an occurrence basis, amounts of not less than the following: BODILY INJURY & PROPERTY DAMAGE $ 1,000,000 Combined Single Limit April 9, 2002 Page 6 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT WORKMAN'S COMPENSATION EMPLOYERS LIABILITY Statutory $ 500,000 Each Accident $ 500,000 Policy Limit $ 500,000 Each Employee PRODUCTS LIABILITY & COMPLETED OPERATIONS $ 1,000,000 Each Accident FIRE & EXTENDED COVERAGE An amount equal to 100% of the value of the improvements (facility). Fleet insurance, or such other types of coverage, may be acceptable; however, the minimum shall be $1,000,000 combined single limit. The following shall be named as additional insured under all policies of insurance (except Workman's Compensation): 1. Monroe County 2. The Homeowner The Contractor agrees that all insurance policies shall contain a severability of interest or cross-liability provision endorsement which shall read generally as follows: In the event of one of the assured incurring liability to any other of the assured, this policy shall cover the assured against whom claim is or may be made in the same manner as if separate policies had been issued to each assured. Nothing contained herein shall operate to increase the limits of liability. The Contractor agrees that all insurance policies shall provide that they will not be altered or canceled without thirty (30) days advance written notice to the Sponsor. Such insurance must provide that it will be considered primary insurance as respects any other valid and collectible insurance, or self-insured retention, or deductible the Sponsor may possess. Any other insurance or self-insured retention of the Sponsor shall be considered excess insurance only. The Sponsor shall have the right to change the insurance coverage and the insurance limits required of the Contractor, without any cost to the Sponsor, if such changes are recommended or imposed by the Sponsor's insurers. The Contractor shall obtain all insurance required from an insurance company or companies licensed to do business in the State of Florida. The insurance company must be acceptable to the Sponsor. Approval may be denied a company based in its Best rating or other indication of financial inadequacy. The Contractor shall provide to the Sponsor such evidence of compliance with the Sponsor's insurance requirements as the Sponsor may from time to time request. At a minimum, the Contractor shall provide, at the commencement of the Contract a Certificate of April 9, 2002 Page 7 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT Insurance. All such certificates shall be completed to show compliance with the Contractor's obligations hereunder, specifically as to the indemnification and notice provisions. The Sponsor may also require copies of the declaration page, insurance policy, and endorsements thereto. If the Contractor or its insurance company fails to promptly respond to the Sponsor's request for adequate evidence of compliance with the insurance provisions, the Sponsor may, in addition to all its other remedies, charge the Contractor an amount equal to ten percent (10%) of the compensation required hereunder until such evidence is provided. If the Contractor shall at any time fail to insure or keep insured as aforesaid, the Sponsor may do all things necessary to effect or maintain such insurance and all monies expended by it for that purpose shall be repayable by the Contractor in the month the premium or premiums are paid by the Sponsor. If any insurance policies required hereunder cannot be obtained for any reason, the Sponsor may require the Contractor to cease any and all operations until coverage is obtained. If such insurance coverage is not obtained within a reasonable period of time, to be determined solely by the Sponsor, the Sponsor may terminate this Contract. 20. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Sponsor may, after seven (7) days' written notice to the Contractor and the Homeowner, and without prejudice to any other remedy it may have, make good such deficiencies and may terminate the Contract and take possession of the site and of all materials and may finish the work by whatever method it may deem expedient. 21. If, in the Homeowner's opinion, the Work is unsatisfactory or the Contractor is damaging the Premises during the course of the Work, the Homeowner should immediately notify the Architect and the Sponsor's Representative. If the situation is reasonable and cannot be resolved to the Homeowner's satisfaction, the Homeowner may, upon written notice to the Sponsor, seek corrective action or withdraw from the program. 22. The Contractor shall at all times comply with all federal, state, and local laws, ordinances and regulations which apply to the Work to be performed under this Contract. Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties, and duties. NOTICE: All Home Improvement Contractors must be licensed by the State of Florida. Any inquiries about a Contractor should be transmitted to the State Office of the Contractor's Licensing Board. 23. This Contract shall be construed in accordance with and be governed by the laws of Florida. Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. 24. The Contractor assures that, to the extent applicable, it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, handicap or sex be excluded from participating in or receiving the services or benefits of any program or activity covered by said subpart. The Contractor assures that it will require that its covered sub- organizations provide assurances to the Contractor that they similarly will undertake April 9, 2002 Page 8 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT affirmative action programs and that they will require assurances from their sub- organizations, as required by 14 Code Federal Regulations Part 152, Subpart E, to the same effect. Further, the Contractor shall comply with the regulations relative to the nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Contract. (a) The Contractor, with regard to the Work Performed by it during the term of this Contract, shall not discriminate on the ground of age, sex, race, creed, color, handicap, or national origin in the selection and retention of subcontractors, including procurement 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. (b) In all solicitations either by competitive bidding or negotiation by the Contractor for Work to be performed under a subcontract, including procurement of materials and 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 age, sex, race, creed, color, handicap, or national origin. (c) The Contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration 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 Federal Aviation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (d) In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including but not limited to: (i) Withholding of payments to the Contractor under this Contract until the Contractor complies and/or (ii) Cancellation, termination, or suspension of this Contract, in whole or in part. (e) In the carrying out of the Contract Work, the Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, handicap, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, age handicap, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the government setting forth the provisions of this April 9, 2002 Page 9 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT nondiscrimination clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, sex, age, handicap or national origin. The Contractor shall incorporate foregoing requirements of this paragraph in all subcontracts for services covered by this Contract. (f) The Contractor shall include the provisions of this Section in every subcontract, including procurement of materials and leases of equipment, unless exempted 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 Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions noncompliance. 25. It is the policy of the Department of Transportation and the Sponsor that disadvantaged 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 Contract. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Contract. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this contract. In this regard, Contract shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractor shall not discriminate on the basis of race, color, national origin or sex, in the award of DOT assisted contracts. For the purposes of this Contract, the Contractor shall in the review of proposals for Work to be performed seek to meet the Sponsor's goal of a minimum of 15% of the work to be awarded to qualified DBE firms on the Noise Insulation Program. The calculation of percentage of Disadvantaged Business Enterprise participation shall be as a percentage of the total dollar amount of all contracts awarded to complete the Noise Insulation Program. 26. Conflicts of Interest: Neither the contracting party (parties), or its employees nor any member of their family or organization, shall have any direct or indirect interest, financial or otherwise, in the business of any individual, entity or corporation involved in this project, directly or indirectly involving the Airport. The undersigned warrants that they (or it) presently have no interest which would conflict in any manner with nay of the contractual responsibilities under this Agreement. The contracting party (parties) certifies that they (or it) have not employed or retained any company, firm or person, other than bona fide employees working solely for them to provide the necessary labor, management and material to perform the work under this Contract; that no payment has been paid or agreed to be paid to any company, firm or person other than bona fide employees working solely for the undersigned and no fee, commission, percentage, gifts or any other consideration is to be paid contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the Airport shall have the right to annul this Agreement without liability. April 9, 2002 Page 10 of 11 MONROE COUNTY-CONTRACTOR NOISE INSULATION CONTRACT 27. The Sponsor may terminate the Homeowner's participation in the Noise Insulation Program upon delivery of written notice to the Homeowner if (a) the Homeowner fails or refuses to correct conditions at the premises pursuant to paragraph 16b(2) above; (b) the Homeowner fails to abide by any of the terms or conditions of the Monroe County-Homeowner Noise Insulation Contract; or (c) the Homeowner is unre"asonable, uncooperative or fails to exercise good faith in the performance of the Monroe County-Homeowner Noise Insulation Contract. If the Sponsor terminates a Homeowner, they will pay the Contractor that portion of the contract sum for the individual Homeowner earned prior to termination. 28. The Contractor makes oath he has complied with all the provisions of the applicable Contractor's Licensing Act of the State of Florida. The Contractor's Florida License Number is , and its expiration date is IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the latest date set forth below. CONTRACTOR: Florida State Contractor's License # Date: Address: MONROE COUNTY: By: Date: Its: April 9, 2002 Page 11 of 11 APPENDIX F HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE April 11, 2002 HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE Key West International Airport Noise Insulation Program Homeowner's Name(s): Address: Please have the same person who completed the Homeowner's Pre-Modification Questionnaire fill out this Post-Modification Questionnaire. 1. How many years have you lived at this address? 2. How many people, including yourself, currently live at this address? 3. Of the current residents, how many are: Less than 18 years old 18 to 30 years old 31 to 40 years old 41 to 50 years old 51 to 60 years old Over 60 years old 4. How would you rate your health? Very Good Good Fair Poor 5. Since noise insulation modifications were completed in your home, how would you describe the changes in the living environment (inside your home) in terms of the following? Much Improved Slightly No Worse Improved Improved Change Conversation Falling Asleep Being Awakened from Sleep Concentration (reading, etc.) Children's Sleeping Listening to TV or Radio Talking on the Telephone Relaxation October 23,2000 Page 1 of 4 HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE 6. Are you annoyed by any other community noise sources other than aircraft noise? (If "Yes" please describe.) 7. For each primary room in you home, how would you rate the aircraft noise intrusion? Much Improved Slightly No Worse Improved Improved Change Living Room Family Room/Den Kitchen Bedroom where you sleep Bedrooms used by others Bedrooms not used often 8. In your opinion, how much has the overall noise insulation of your home been improved as a result to the changes to the following? Much Improved Slightly No Worse Improved Improved Change Ventilation System Doors Windows Attic Insulation Walls Kitchen/Bath Vent 9. How would you rate the overall exterior and interior appearance of your home following the application of the noise insulation modifications? Much Improved Slightly No Worse Improved Improved Change General Exterior Appearance is General Interior Appearance is 10. How would you rate the present thermal insulation of your home? Very Good Good Fair Poor October 23,2000 Page 2 of 4 HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE 11. How would you rate the quality and appearance of the following specific changes to your home? Very Good Fair Poor Very Good Poor Windows Doors Walls Ventilation 12.ls the ventilation system installed as part of the noise insulation modifications? Adequate Inadequate Not Installed No Opinion 13. Do you think your home has increased in market value because of the noise insulation modifications? Yes No Don't Know 14. Now that your home has been noise insulated, would you consider moving because of aircraft noise? Yes No Don't Know 15.ln retrospect, was participating in the Noise Insulation Program a good idea, or not? Good Idea Can't Tell Yet Not a Good Idea No Opinion 16.lf noise insulation were made available to other homeowners in your immediate neighborhood, would you recommend it to your neighbors? Yes No Don't Know 17. Do you feel that the terms, features, and limitations of the Noise Insulation Program were explained to you so that you understood what was going to happen and what to expect? Yes No (If "No" please explain on back of page) 18. Did you have any problems with the Building Contractor? Yes No (If "Yes" please explain on back of page) 19.1f you had any problems, were they handled promptly and courteously to your satisfaction? Yes No (If "No" please explain on back of page) 20. Were the Contractors, Inspectors, and other program staff prompt and cooperative? Yes No (If "No" please explain on back of page) October 23, 2000 Page 3 of 4 HOMEOWNER'S POST-MODIFICATION QUESTIONNAIRE 21. With your current knowledge of the work involved in noise insulating your home, and of the long-term changes to your living environment, which of the following options would you recommend for other homes (or for your home if you could start again)? More Less Same Noise Noise As Insulation Insulation Installed Living Room Kitchen Bedroom where you sleep Bedroom where others sleep Other rooms Please add any comments, criticisms, or advice you may have regarding this Noise Insulation Program. Thank your for your help in completing this Homeowner's Post-Modification Questionnaire. Please return this Questionnaire in the stamped, addressed envelope provided. Date Signature of the person who completed the Questionnaire October 23, 2000 Page 4 of 4 " I I' , III APPENDIX G FAA LETTER April 11, 2002 URS April 17,2002 Susan A. Moore, P.E. Program Manager Orlando Airports District Office Federal Aviation Administration 5950 Hazeltine National Drive Citadel International Building, Suite 400 Orlando, FL 32822-5024 RE: FAR PART 150 NOISE COMPATIBILITY PROGRAM NOISE INSULATION PROGRAM POLICIES AND PROCEDURES Dear Ms. Moore: A copy of the Noise Insulation Program Phase 2 Policies and Procedures are enclosed for your review and approval. Should you have any questions regarding the enclosed document, please do not hesitate to contact me at (813) 636-2445. Sincerely, URS Corporation, Inc. ~y4~Ai- Senior Project Manager DWM/dwm Enclosure cc: Peter J. Horton, Airport Manager URS Corporation 7650 West Courtney Campbell Causeway Tampa. Fl 33607-1462 Tel: 813.286.1711 Fax: 813.287.8591 D:\Key West\Letters and Memos\MOORE.doc