10/15/2008 Contract
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 21, 2008
TO:
Peter Horton, Director
Airports
Pamela G. Hanc~4tv
Deputy Clerk t~y
FROM:
At the October IS, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Leasl: Extension Agreement between Monroe County and Republic Parking System for
Parking Lot Management at the Key West International Airport. Enclosed is a duplicate
original.
Purchase/Service Order No. 07/08-25 between Monroe County and URS for
Disadvantaged Business Enterprise Implementation Services, for the Key West International
Airport and the Florida Keys Marathon Airport. Enclosed is a copy.
Construction Contract between Monroe County and Koch Corporation, for construction
of the Noise Insulation Program, Phase 6, for the Key West International Airport. Enclosed is a
duplicate original.
Purchase/Service Order No. 7 between Monroe County and THC, Inc., for the
implementation of the Noise Insulation Program, Phase 6 Construction Services. Enclosed is a
duplicate original.
Purchase Service Order No. 8 between Monroe County and THC, Inc., for
implementation of the Noise Insulation Program, Phase 7 Design Services. Enclosed is a
duplicate original.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Key West International Airport - Monroe County -Noise Insulation Program
CONSTRUCTION CONTRACT
THIS AGREEMENT effective \ ::;j-{- day of /)(h>~ , 20 08: between the MONROE
COUNTY, a municipal corporation organized and existing upder the laws of the State of Florida (hereinafter referred to as the
"Sponsor" or "County") and Koch Corporatlon , (hereinafter referred to as
the "Contractor").
WITNESSETH
WHEREAS, the Sponsor is the sponsor of the Key West International Airport Noise Insulation Program (hereinafter referred to as
the "NIP"); and
WHEREAS, the Sponsor has elected to implement the sixth phase ofthe NIP (hereinafter referred to as "Phase 6"); and
WHEREAS, the Phase 6 NIP is managed by the consultant team consisting of the prime manager, architect, acoustician and
construction manager (hereinafter referred to as the "Program Manager"); and
WHEREAS, the Contractor shall perform all necessary work and labor in the Phase 6 NIP (hereinafter referred to as the "Work");
and
WHEREAS, the Work shall be performed in accordance with the approved Phase 6 NIP Construction Drawings dated March 24,
2008 (herinafter referred to as the "Drawings" and the approved Phase 6 NIP Construction Specifications dated March 24, 2008
(hereinafter referred to as the "Specifications"); and
WHEREAS, the Work shall be completed in accordance with the Phase 6 NIP Construction Schedule (hereinafter referred to as the
"Schedule"), consisting of the sub-construction construction schedules (1-7) and total construction period schedule; and
NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Sponsor and the Contractor hereby agree as
follows:
--lhree million, sl~ hundred sixty
seven thousand, two hundred
That the Contractor in consideration of the payment of the Contract price thereof amounting to ninety
Dollars ($ ':\ F,F,7 ?qn nn ), shall perform all work set forth in the Drawings and Specifications, and agrees to furnish
all materials (except' as specified to be furnished by the NIP), together with all necessary equipment, tools, labor, and other means
of construction and do and perform all necessary work and labor for the full completion of the Work under Contract No.
, the Work to be performed in accordance with approved Drawings and Specifications and for the price and
compensation set forth above and as specified in the Bid Form of the Contractor which is hereto attached and hereby made a part
of this agreement. The Work will be performed in accordance with Schedule. Work and payments will be pursuant to and in
accordance with Drawings and Specifications, therein set forth and addenda thereto, all being incorporated by reference and being
a part ofthis agreement.
The Contractor agrees to utilize the following Disadvantaged Business Enterprises:
Kenney Construction, LLC
CONSTRUCTION CONTRACT/BONDS
RECEIVED
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A\RPORi ADMIN. -1
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Contractor agrees that the Work shall be done and performed in a good and workmanlike manner, that all materials and labor shall
be in strict conformity in every respect with the Drawings and Specifications for the improvement and shall be subject to
inspection and approval of the Sponsor through its duly authorized Program Manager and, in case any material or labor supplied
shall be rejected by the Sponsor as defective or unusable, such rejected material shall be removed and replaced with approved
material, and the rejected work shall be corrected to the satisfaction and approval of the Sponsor through its authorized Program
Manager, at no additional cost or expense to the Sponsor.
Contractor further agrees that he will commence the Wark hereunder upon receipt of the executed copy thereof and will complete
the Work to the satisfaction and approval of the Program Manager within the time limits specified in Time of Completion
and Schedule sections in the Specifications.
It is further agreed that any delay caused by the elements and other causes over which Contractor has no control or by strikes or
other combined action of workers employed in the construction or in the transportation of materials, in no part caused or resulting
from default or collusion on the part of the Contractor, shall be excused and the time for completion extended to the extent that
Program Manager may find and determine such condition to have delayed completion within the time limit through no
fault of the Contractor, but the judgment of Program Manager in respect thereto shall be final and conclusive upon the
parties. Contractor agrees that neither it nor its Subcontractors shall have any claim for damages against the Sponsor
or its agents arising from delays in the Work. Contractor understands that its sole remedy for a delay is an extension oftime.
The Sponsor and the Contractor agree that the damages which would be incurred by the Sponsor in the event of delay ofthe
Project would be substantial but are not capable of being precisely calculated as of the execution ofthis 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 Thousand Dollars ($1,000.00) from the Contract Sum for each calendar day (Sundays and Holidays included) after the final
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.
It is further understood and agreed that no claim for extra Wark done or materials furnished by the Contractor will be allowed
except as provided by the Drawings and Specifications, nor shall the Contractor do any work or furnish any materials not covered
by the Drawings and Specifications and by this Contract unless such work is first ordered in writing as provided in the Drawings
and Specifications. Any extra work done or materials furnished by the Contractor without written order first being given therefore
as in the Drawings and Specifications provided shall be at Contractor's risk, cost and expense, and Contractor agrees in such event
that he will make no claim for compensation for such extra work or materials.
It is further agreed that in no event shall the contracting officers of the Sponsor be personally liable or responsible in any manner
to the Contractor, Subcontractors, suppliers, laborers or to other person or persons whomsoever for claim, demand, damages,
actions, or causes of action or character arising out of or by reason of the execution of this agreement or the performance and
completion of the Work and improvement provided herein.
Contractor certifies to being not disqualified or debarred from entering into or receiving a Florida Department of Transportation
contract, or a municipal State-aid or County State-aid Contract administered by the Department of Transportation as agent of a
municipality or county pursuant to Florida Statutes. Further, Contractor agrees not to utilize either directly or indirectly any
contractor, corporation, partnership, or business however organized, which is disqualified or debarred from entering into or
receiving contract as stated above. This restriction applies regardless of whether the disqualified or disbarred party acts in the
capacity ofa Contractor, a Subcontractor, or as an equipment or material supplier.
It is further agreed that the Contractor will abide by the provisions of Title VI of the Civil Rights Act of 1964 and Federal
Regulations ofthe Department of Transportation, set forth in Section 00210 of the Specifications, will afford opportunity for
Disadvantaged Business Enterprise as set forth in Section 00210 of the Specifications, will comply with restrictions on Federal
Public Works Proje<:ts as set forth in Section 00210 ofthe Specifications, will comply with the General Civil Rights Provisions as
set forth in Section 00210 of the Specifications, and will comply with Buy American Steel and Manufactured Products for
Construction requirements as set forth in Section 00210 of the Specifications.
Books. Records and Documents. Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
CONSTRUCTION CONTRACT/SONDS
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Goveminl! Law. Venue. Intemretation. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in
the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or
person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Attornev's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing
party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
BindiOlz Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the
County and Contractor and their respective legal representatives, successors, and assigns.
Authoritv. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate action, as required by law.
Claims for Federal or State Aid. Contractor and County agree that each shail be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
Adiudication ofDisDutes or Disae:reements. County and Contractor agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. Ifno resolution can be agreed upon within
30 days after the Hrst meet and confer session, the issue or issues shail be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
Cooneration. In the event any administrative or legal proceeding is instituted against either party relating to the formation,
execution, perfomlance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date of the court order. County or
Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to conHdentiaiity of alcohol and drug abuse patent records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or Hnancing
of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
CONSTRUCTION CONTRACT/BONDS 00500 - 3
Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to
perfonn and receive benefits as recited in this Agreement.
Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain information.
No Solicitation/Pavment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers,
letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Contractor.
Non-Waiver of Immunitv. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the
Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self~insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the County be required to contain any provision for waiver.
Privilee:es and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the County.
Lee:al Oblie:ations and ResDonsibiIities: Non~Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Non~Reliance bv Non~Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third~party claim or entitlement to or benefit of any service or program contemplated hereunder,
and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, en tity or
entities, have entitlements or benefits under this Agreement separate and apart, i nferier to, or superior to the community in general
or for the purposes contemplated in this Agreement.
Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime
Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
Execution in Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
CONSTRUCTION CONTRACT/BONDS
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Section Headimzs. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is
agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
Federal. State and Local Law. The company shall comply with all federal, state, county and local laws, ordinances, rules and
regulations now and hereafter in force which may be applicable to the operation of its business at the airport, including the
minimum standards for fixed base operators, as amended from time to time.
Mutual Review. This agreement has been carefully reviewed by CONTRACTOR and the COUNTY, therefore this agreement is
not to be construed against either party on the basis of authorship.
Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Lessee shall defend, indemnifY and hold the COUNTY and the COUNTY's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency
requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines
and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees on the Airport during the
term of this AGREEMENT, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or
other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this lease, except to
the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this lease, this section will survive the expiration of the term of this lease or any earlier termination of this
lease
Contractor shall comply with all Federal Aviation Administration (FAA) wage, labor, EEO, safety and general requirements
applicable- to the work as set forth in exhibit A, as such requirements may be superseded, supplemented, or amended from time to
time including but not limited to the Davis-Bacon Act and shall include all applicable AlP provisions in his subcontracts.
It is further agreed that the Contractor will incorporate all applicable clauses listed in exhibit A in any subcontracts.
CONSTRUCTION CONTRACT/BONDS
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MONROE COUNTY NOISE INSULATION PROGRAM
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By
STATEOFFLORIDA )
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MONROE COUNTY )
Mo..yo", fV/q...../. OJ Genna-v.
day of
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, as the authorized representative of Monroe County NIP.
(Notarial Seal)
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Individual & Co-Partnership Acknowledg
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STATE OF FLORlDA )
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MONROE COUNTY )
This instrument was acknowledged before me on
day of
,20
by
Notary Public Signature
(Notarial Seal)
Contractor
Corporate Acknowledgment
Kentucky
STATE OF IlllOOIJQ~ )
~t:B?mTY ~ SS
This instrument was acknowledged before me on 11 tb day of September
M~rk I I nd~. Prpddl'nt
as the authorized representa
(Notarial Seal)
CONSTRUCTION CONTRACT/BONDS
, by
00500 - 6
EXHIBIT A
The Federal Aviation Administration (FAA) administers an airport grant program that provides funds to eligible airports for a variety
of projects. The program, which is known as the Airport Improvement Program (AlP), is authorized by the Airport and Airway
Improvement Act (AAIA) of 1982.
The work in this contract is included in AlP Project Number 3-12-0037-035-2008 which is being undertaken and accomplished by
the Sponsor in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States, under
the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to
which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable
project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any
representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract,
makes the United States a party to this Contract.
LABOR PROVISIONS - FOR CONTRACTS
When AlP projects involve construction contracts in excess of $2,000, provisions of other Federal laws and regulations involving
wage rates, overtime pay and kickbacks become applicabie, as outlined in FAA Order 5100.38A, Airport Improvement Program
Handbook, Chapter 8, Section 2, dated 10/24/89, and Advisory Circular (AC) 150/51 00-6D, Labor Requirements for the Airport
Improvement Program (AlP), dated 10/15/86.
1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development
project is required to insert in the Contract the following provisions from 29 CFR 5.5. Each Contractor is to include these provisions
in each Construction Subcontract.
a. .Minimum Waaes:
(1) All laborers and mechanics empioyed or working upon the site of the work will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained
in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor and such iaborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a. (4) below; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than quarterty) under pians, funds,
programs which cover the particular weekly period, are deemed to be constructively made or incunrad during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this ciause. Laborers or
mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification
in which work is performed. The wage determination (including any additional classification and wage rates conformed under a. (2)
of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the
site of the Work in a prominent and accessibie place where it can easily be seen by the workers.
(2) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only
when the following criteria have been met:
(A) The Work to be performed by the ciassification requested is not performed by a
classification in the wage determination; and
(8) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(iI) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the
CONSTRUCTION CONTRACT/BONDS
00500 - 9
Wage and Hour Division, Empioyment Standards Administration, U.S. Department of labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty
(30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting Officer, to the Administrator for detennination. The Administrator, or
an authorized representative, will issue a detennination within thirty (30) days of receipt and so advise or notify the Contracting
Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budge under
OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) detennined pursuant to
subparagraphs (2) (ii) or (iii) of this paragraph, shall be paid to all workers perfonning work in the classification under this Contract
from the first day on which work is perfonned in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage
detennlnation or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof
(4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider
as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, provided, that the Secretary of labor has found, upon the written request of the Contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of labor may require the Contractor to set aside in
a separate account assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
b. Withholdino. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an
authorized representative of the Department of labor withhold or cause to be withheld from the Contractor under this Contract or
any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor
or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any iaborer or mechan ie,
Inciuding an apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract,
the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to ca use
the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
c. Pavrolls and Basic Records.
(1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of
the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work.
Such records shall contain the name, address, and social security number of each such worker, his or her correct classification
hourly rates of wages paid (inciuding rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act,), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of labor has found under a(4) of this clause that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section
1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is
enfonceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated In writing to
the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB
control number 1215-0140 and 1215-0017.)
(2) (i) The Contractor shall submit weekly, for each week in which any contract work is perfonned, a
copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted
shall set out accurately and completely all of the infonnation required to bed maintained under paragraph c(1) above. This
infonnation may be submitted in any fonn desired. Optional Fonn WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C.
20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office
of Management and Budget under OMB control number 1215-0149.)
(ii) Each payroll submitted shall be accompanied by a .Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract
and shall certify the following:
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00500 - 10
(A) That the payroll for the payroll period contains the information required to be
maintained under paragraph c (1) above and that such infonmation is correct and complete;
(B) That each laborer and mechanic (including each helper, apprentice and trainee)
employed on the Contract during the payroll period has been paid the fully weekiy wages eamed, without rebate, either directly or
indirectly and that no deductions have been made either directly or indirectiy from the full wages earned, other than permissible
deductions as set forth in Regulations 29 CFR Part 3;
(C) That each laborer or mechanic has been paid not less than the applicabie wage rates
and fringe benefits or cash equivalents for the classification of work perfonmed, as specified in the applicable wage detenmination
incorporated into the Contract.
(Iii) The weekly submission of a property executed certification set forth on the reverse side of
Optional Fonm WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b)
of this section.
(iv) The faisification of any of the above certifications may subject the Contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of 11tle 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required under paragraph c.(12) of this section
available for inspection, copying or transcription by authorized representalives of the FAA or the Departiment of Labor, and shall
penmit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to
submit the required records or to make them avaiiable, the Federal agency may, after written notice to the Contractor, Sponsor,
Applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records upon request or to make such records availabie may be grounds for
debanment action pursuant to 29 CFR 5.12.
d. Aoorentices and Trainees
(1) Aoorentices. Apprentices will be penmitted to work at less than the predetenmined rate for the Work they
perfonmed when they are employed pursuant to an individually registered in a bona fide apprenticeship program registered with the
U.S. Departiment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary
employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for
probalionary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio penmitted to the Contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage detenmination for the classification of work actually perfonmed. In addition,
any apprentice perfonming work on the job site in excess of the ratio penmitted under the registered program shall be paid not less
than the applicable wage rate on the wage detenmination for the work actually perfonmed. Where a Contractor is perfonming
construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the joumeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen houriy rate specified in the applicable wage detenmination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage detenmination for the applicable
classification. If the Administrator detenmines that a different practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that detenmination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer
be penmitted to utilize apprentices at less than the applicable predetermined rate for the Work perfonmed until an acceptable
program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be penmitted to work at less than the
predetenmined rate for the Work perfonmed unless they are empioyed pursuant to an individually registered in a program which has
received prior approval, evidenced by fonmal certification by the U.S. Departiment of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than penmltted under the Plan approved by
the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable
wage detenmination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage detenmination
unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the wage detenmination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage detenmination for the Work actually
performed. In the event the Employment and Training Administration INithdraws approval of a training program, the Contractor will
CONSTRUCTION CONTRACT/BONDS
00500 - 11
no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptabie
program Is approved.
(3) Eoual Emolovment Oooortunitv. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246, as amended, and 29 CFR
Part 30.
e. Comoliance with Cooeland Act Reouirements. The Contractor shall compiy with the requirements of 29 CFR Part
3, which are incorporated by reference in this Contract.
f. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in
paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a
clause reqUiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5.
g. Contract Termination: Debarment. A Breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
h. Comoliance with Davis-Bacon and Related Act Reauirements. All rulings in interpretations of the Davis-Bacon
and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
i. Disoutes Concernina labor Standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the
procedures of the Department of labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include
disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees of their representatives.
j. Certification of Eliaibllitv.
(1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001.
2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards
Act, will also be inserted in full in AlP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the
clauses required by 29 CFR 5.5 (a) or4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include
watchmen and guards.
a. Overtime Reauirements. No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week
in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such iaborer or
mechanic receives compensation at a rate not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in
excess of forty (40) hours in such work week.
b. Violation: Liabilitv for Unoaid Waaes: Liauidated Damaaes. In the event of any violation of the clause set forth in
paragraph a. above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for iiquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards, empioyed in violation of the clause set forth in
paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth
in paragraph a. above.
c. Withholdina for Unoaid Waaes and Liauidated Damaaes. The FAA shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on
account of work performed by the Contractor or subcontractor under any such contract or any other Federai contract with the same
prime contractor, 01' any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above.
d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The
prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set fo rih in
CONSTRUCTION CONTRACT/BONDS
00500 - 12
paragraphs a. through d.
e. Workina Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the
performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his
health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of
Labor.
3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all
contracts for work on airport development projects Involving labor:
Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall
be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are
available and qualified to perform the Work to which the employment relates.
CIVIL RIGHTS REQUIREMENTS - FOR CONTRACTS
Since the passage of the Civil Rights Act of 1964, many other laws have been passed and Executive orders issued which pertain to
various aspects of civil rights. Some refer to discrimination in employment; some deal with discrimination in providing services;
some with discrtmination in program accessibility for persons with disabilities, etc. In many instances, the U.S. Department of
Transportation and other Federal agencies issued regulations to implement the different laws and Executive orders. Many of these
regulations levy requirements on recipients of Federal assistance under the airport grant program, administered by the Federal
Aviation Administration (FAA), as outlined in FAA Order 51 00.38A, Airport Improvement Program Handbook, Chapter 8, Section 2,
dated 10/24/89, and Advisory Circular (AC) 150/51 00-15A, Civil Rights Requirements for the Airport Improvement Program (AlP),
dated 3/31/89.
NONDISCRIMINATION IN BENEFITS FOR AND SERVICES TO THE PUBLIC
The following clauses must be inserted in all contracts entered into by the Sponsor.
Contractor Contractual Requirements
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter refenred to as
the 'Contractor) agrees as follows:
1. COMPLIANCE WITH REGULATIONS. The Contractor shall compiy with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
2. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the Contract, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements
of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix 3 of
the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT.
In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the
Contractor of the Contracto~s obligation under this contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the
Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to
ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to fumish this information, the Contractor shall so certify to the Sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. SANCTIONS FOR NONCOMPliANCE. In the event of the Contracto~s noncompliance with the
nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to
be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the Contract, in whole or in part.
6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of paragraphs (1) through (5)
in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or
CONSTRUCTION CONTRACT/BONDS 00500 - 13
the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the
event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the
Contractor may request the United States to enter into such litigation to protect the Interests of the United States.
NONDISCRIMINATION IN EMPLOYMENT IN FEDERALLY-ASSISTED CONSTRUCTION CONTRACTS
Each Sponsor entering into a federaily assisted Construction Contract over Ten Thousand Doilars ($10,000.00) is required to
include the foilowing clauses and certifications in the bid documents and in the contracts between the Sponsor and the Prime
Contractor. Each Contractor is to include these clauses and certifications in each Construction Subcontract.
Equal Employment Opportunity Clause - 41 CFR 60-1.4(b)
During the perfonnance of this contract the Contractor agrees as foilows:
(1) The Contractor wiil not discriminate against any empioyee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take affinnatlve action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination, rates of payor other fonns of compensation; and seiection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor wiil, in ail solicitations or advertisements for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national
origin.
(3) The Contractor wiil send to each labor union or representative of workers with which he has a coilective
bargaining agreement or other contract or understanding a notice to be provided advising that said labor union or workers'
representatives of the Contractor's commitments under this section and shail post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The Contractor wiil comply with all provisions of Executive Order 11246, as amended, of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish ail infonnation and reports required by Executive Order 11246, as amended, of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will penni! access to
his books, records and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
(6) I n the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared Ineligible for further Government contracts or federaily assisted construction contracts in accordance
with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by ruie, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor wiil include the portion of the sentence immediateiy preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24,1965, so that such provisions
wiil be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however,
that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United
States.
Notices to be Posted Per Paraaraohs (1) and (3) of the EEO Clause
Equal Employment Opportunity is the Law - Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No.
11246
Title VII of the Civil Rights Act of 1964 - Administered by
The Equal Employment Opportunity Commission
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more
employees, by Labor Organizations with a hiring hail of 75 or more members, by Employment Agencies, and by Joint Labor-
CONSTRUCTION CONTRACT/BONDS 00500 - 14
Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor organizations with 50 or more
employees or members wili be covered; after Juiy 1, 1968, those with 25 or more wili be covered.
ANY PERSON - Who believes he or she has been discriminated against SHOULD CONTACT:
The Equal Employment Opportunity Commission
2401 E Street, NW
Washington, DC 20506
Executive Order No. 11246 - Administered by:
The Office of Federai Contract Compliance Programs
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure
equality of opportunity in ali aspects of employment.
By ali Federal Govemment Contractors and Subcontractors, and by Contractors Performing Work Under a Federal
Assisted Construction Contract, regardless of the number of employees in either case.
ANY PERSON - Who believes he or she has been discriminated against SHOULD CONTACT:
The Office of Federal Contract Compliance Programs
US Department of Labor
Washington, DC 20210
Certfficatlon of Nonsegregated Facilities - 41 CFR 60-1.8.
Notice to Prosoective Federaliv-Assisted Construction Contractors
1. Certification of Nonsegregated Facilities must be submitted prior to the award of a federaliy assisted construction contract
exceeding Ten Thousand Doliars ($10,000) which is not exempt from the provisions of the equal opportunity clause.
2. Contractors receiving federaliy assisted construction contract awards exceeding Ten Thousand Doliars ($10,000) which
are not exempt from the provisions of the Equal Opportunity Clause wili be required to provide for the forwarding of the foliowing
notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed Ten Thousand Doliars
($10,000) and are not exempt from the provisions of the Equal Opportunity Clause
Notice to Prosoective Subcontractors of Reauirement for Certification of Nonseareaated Facilities
1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding Ten Thousand
Doliars ($10,000) which is not exempt from the provisions of the Equal Opportunity Clause.
1. Contractors receiving federaliy assisted construction contract awards exceeding Ten Thousand Doliars ($10,000) which
are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the foliowing
notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed Ten Thousand Doliars
($10,000) and are not exempt from the provisions of the equal opportunity clause.
Certification of Nonseareoated Facilities
The federaliy-assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated
facilities at any of his establishments and that he does not pennit his employees to perfonn their services at any location, under his
control, where segregated facilities are maintained. The federaliy assisted construction contractor certifies that he wili not maintain
or provide, for his employees, segregated facilities at any of his establishments and that he wili not penn it his employees to perfonn
their services at any location, under his control, where segregated facilities are maintained. The federaliy assisted construction
contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this
certification, the term Msegregated facilitjes~ means any waiting room, work areas, restrooms and washrooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are
in fact segregated on the basis of race, color, religion, or national origin because of haM, local custom, or any other reason. The
federaliy-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed
subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding ten thousand ($10,000.00) dollars (US) which are not exempt from the provisions of the equai opportunity
clause and that he will retain such certifications in his files.
Notice to Prosoective Contractors of Reauirement for Certification of Nonseareaated Facilities
A certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000
CONSTRUCTION CONTRACT/BONDS
00500 - 15
which is not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers
is prescribed in U.S.C. 1001.
Affirmative Action Requirements - 41 CFR Part 60-4.
Notice of Reouirement for Affirmative Action to Ensure Eoual Emalavment Oaaartunitv (Executive Order 11246 as Amended),
1. The Offere(s or Bldde(s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equai
Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetabies for minority and female participation, expressed in percentage terms for the Contracto(s
aggregate work force in each trade on all construction work in the covered area as follows:
Timetables
Goals for minority participation for each trade:
Goals for female participation for each trade:
30.4%
6.9%
These goals are applicable to all the Contracto(s construction work (whether or not it is Federai or Federally assisted) performed in
the covered area. If the Contractor performs construction work in a geographical area located outside of the covened area, it shall
apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the
Contractor also Is subject to the goals for both fts Federally involved and nonfederally involved construction.
The Contracto(s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its impiementation
of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of
minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade,
and the Contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The transfer of
minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the
Contracto(s goals, shall be a violation of the Contract, the Executive Order, and the reguiations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any
construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting
from this solicitation. The notification shall list the name, address, teiephone number of the subcontractor; empioyer identification
number of the subcontracto~ estimated dollar amount of the subcontracts; estimated starting and completion dates of the
subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is Monroe County, Florida.
Standard Federal Eoual Emolovment Opportunitv Construction Contract Specifications (Executive Order 11246 as amended).
1. As used in these Specifications:
a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted;
b. "Director'" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor,
or any person of whom the Director delegates authority;
c. "Employer Identification Number'" means the Federal Social Security number used on the Employer's Quarterly
Federal Tax Retum, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture
or origin regardless of race);
(;3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast, Asia, the Indian Subcontinent, orthe Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North
American and maintaining identifiable tribal affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction
trade, it shall physically inciude in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these
Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the
solicitations from which this Contract resulted.
CONSTRUCTION CONTRACT/BONDS
00500 - 16
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of
labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area
(including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Pian.
Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the
EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The
overall good faith performance by other Contractors or subcontractors toward a goal in an approved pian does not excuse any
covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these
Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the iocal
hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female
goals established for the geographicai area where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Federai Contract Compliance Programs office or from Federal
Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the periOd specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a
collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these
Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices
and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to
employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with
the Specifications shall be based upon its effort to achieve maximum results from Its actions. The Contractor shall document these
efforts fully and shall implement affirmative action steps at least as ex1ensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all
facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women
to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor on its unions have employment
opportunities available, and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street
applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken
with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the fiie with the reason therefore
along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities andlor participate in training programs for the area which expressly
includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's
employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice
of these programs to the sources complied under 7b above.
I. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and
requesting their cooperation In assisting the Contractor In meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with
all management personnel and with all minority and female employees at least once a year, and by posting the company EEO
policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications
with all employees having any responsibility for hiring, assignmer'lt, layoff, termination, or other employment decisions including
specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the
initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
CONSTRUCTION CONTRACT/BONDS
00500 - 17
h. Disseminate the Contractor's EEO policy extemally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and subcontractors with wihom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools
with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's
recruitment area and employment needs. Not later than one month prior to the dale for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as
the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other
areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
I. Conduct, at ieast annually, an inventory and evaluation, at least of all minority and female personnel, for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and employment related activilies to ensure that the EEO policy and the
Contractor's obligations under these Specifications are being carried out.
n. Ensure that all faciiities and company activities are nonsegregated except that separate or single-user toilet and
necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other
business associations.
p. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO
poiicies and affirmative action obiigalions.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative
action obiigations (7a through pl. The efforts of a contractor association, joint contractor-union, contractor-community, or other
similar groups of which the Contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations
under 7a through p of the Specifications provided that the Contractor actively participates in the group, makes every effort to assure
that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits
of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation wihich demonstrates the effectiveness of actions taken on
behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation
shall not be a defense for the Contractor's noncompliance.
g. A single goal for minorities and a separate single goal for women have been estabiished. The Contractor, however, is
required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority
and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a
substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor
may be in violation of the executive order if a speCific minority group of women is under utilized).
10. The Contractor shall not use the goais and timetables or affirmative action standards to discriminate against any person
because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant
to Executive Order 11246, as amended.
12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal
Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended and it's implementing regulations, by the OFCCP. Any contractor wiho fails to
carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at
least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its
efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the
implementing regulations, or these Specifications, the Director shall proceed in aoccrdance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company
EEO policy is being carried out, to submit reports reiating to the provisions hereof as may be required by the government, and to
keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union
CONSTRUCTION CONTRACTIBONDS 00500 - 18
affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates if changes in status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was perfonmed. Records shall be maintained in an easily understandable and retrievable fonn;
however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different
standards of compliance or upon the application of requirements for the hiring of iocal or other area residents (e.g., those under the
Public Works Employment Act of 1977 and the Community Development Block Grant Program.
Contractor/Subcontractor Reporting - 41 CFR 60-1.7.
1. Monthly Utilization Reports (SF 257). Based on paragraph (5) of the EEO Clause, Monthly Utilization Reports (SF 257)
may be required 10 be submitted to the area office of the Federal Contract Compliance Program (OFCCP). This requirement applies
to contracts to be perfonned in areas designated by the Department of Labor. Contractors should contact the area office of the
Department of Labor to see if this report is required.
2. Employer Infonnation Report (SF-100). Contractors/subcontractors working on federally assisted projects are required to
file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Fonn 100 (Employee Infonnation
Report, EE()"1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has
submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor OFCCP can
designate other intervals). This fonm is nonmally furnished based on a mailing list, but can be obtained from the Equal Employment
Opportunity Commission (EEOC) - Survey Division, 2401 E. Street, NW, Washington, D.C. 20507 or by calling (703) 756-6020.
This report is required if a Contractor or subcontractor meets all of the following conditions:
(i) Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5;
(ii) Number of Employees. Has fifty (50) or more employees;
(iii) Dollar Level. There is a contract, subcontract, or purchase order amounting to Fifty Thousand Dollars
($50,000) or more or serves as a depository of government funds in any amount, or is a financial institution which is an jssu ing and
paying agent for lI. S. Savings Bonds and Savings Notes.
(iv) Contractor/Subcontractor. Is a prime Contractor of first tier subcontractor. Some subcontractors below
the first tier who work at the site are required to file if they meet the above requirements.
3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to
furnish, in the toml requested within reasonable limits, such information as necessary.
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
Each Sponsor entering into a DOT-assisted Construction Contract is required to include the following Policy and DBE Obligation
statements in the contract between the Sponsor and the Contractor. These statements are taken from 49 CFR 26, which includes
additional language which is applicable to the Sponsor.
(1) POLICY. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in
49 CFR Part 26 shall have the maximum opportunity to participate in the perfonmance of contracts financed in
whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise (DBE) requirements of
49 CFR Part 26 apply to this contract.
(2) DBE OBLIGATION. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the perfonnance of this contract or subsequent
subcontracts. In this regard, the Contractor 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
perfonn subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
perfonmance of this contract or subsequent subcontracts.
(3) COMPLIANCE. All Contractors or Subcontractors for this DOT-assisted contract are hereby notified that failure to
carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which
may result in tenninatlon of the contract or such other remedy as deemed appropriate by the Sponsor.
TRADE RESTRICTION CLAUSES - FOR CONTRACTS
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89, the
Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it:
a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries
that discriminates against U.S. finms published by the office of the United States Trade Representative (USTR);
CONSTRUCTION CONTRACT/BONDS
00500 - 19
b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or
national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of
a foreign country on said list.
c. has not procured any product nor subcontracted for the supply of any product for use on the Project that is
produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract
shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or
subcontracts for the supply of any product or service of a foreign country on the said list for use on the Project, the FAA may direct,
through the Sponsor, cancellation of the Contract at no cost to the Government.
Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for
certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification
of a prospective subcontractor unless it has knowledge that the certification is erroneous.
The Contractor shall provide immediate written notice to the Sponsor jf the Contractor learns that its certification or that of a
subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. If it is Jater
determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the
Sponsor, cancellation of the Contract or subcontract for default at no cost to the Govemment.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, In good
faith, the cernfication required by this provision. The knOwledge and information of a Contractor is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
This certification concems a matter within the jurisdiction of an agency of the United States of America and the making of a false,
fictitious, or fraudulent certification may render the maker subject to prosecution under Tille 1 8, Un~ed States Code, Section 1001.
CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89, for all
construction contracts and subcontracts exceeding one hundred thousand dollars ($100,000).
Contractors agree:
a. That any fadlity to be used in the performance of the Contract or to benefit from the Contract is not listed on the
Environmental Protection (EPA) List of Violating Facilities.
b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal
Water Pollution Control Act and all regulations issued thereunder.
c. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any
communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under
consideration to be listed on the EPA List of Violating Facilities.
d. To include in any subcontract which exceeds One Hundred Thousand Dollars ($100,000), the requirements of (a),
(b), and (c).
Drua-Free Workplace Proaram, Reauirements of 21 CFR 1308
1. Definitions:
(a) As used in this clause, "controlled substance" means a controlled substance in Schedules I through V of Section
202 of the Controlled Substances Act (21 USC 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
(b) "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by
any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statues.
(e) "Criminal drug statutes" means a Federal or non-Federal criminal statute involving the manufacture, distribution,
dispensing, possession, or use of any controlled substance.
(d) "Drug-free wor!<place" means the site(s) for the performance of war!< done by the Contractor in connection with a
CONSTRUCTION CONTRACT/BONDS
00500 - 20
specific contract at which employees of the Contractor are prohibited from engaging in the manufacture, distribution, dispensing,
possession, or use of a controlled substance.
(e) "Employee" means an employee of the Contractor directiy engaged in the performance of work under a
Government contract.
(I) "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has
other than a minimal impact or involvement in contract performance.
(g) "Individual" means an Offerer/Contractor that has no more than one employee including the Offerer/Contractor.
2. The Contractor, if other than an individual, shall within thirty (30) calendar days after award (unless a longf'1" period is agreed to in writing for contracts
of 30 calendar days or more perfonnance duration), or as soon as possible for controcts of Jess than thirty (30) calendar days performance duration:
(a) Publish a statement notifying its empioyees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the Contractor's workpiace and specifying the actions that will be taken against
employees for violations of such prohibition;
(b) Establish an ongoing drug-free awareness program to inform such employees about:
(i) the dangers of drug abuse in the workplace,
(ii) the Contractor's policy of maintaining drug-free workplace,
(ili) any available drug counseling, rehabilitation, and employee assistance programs, and
(iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the WOrkplace.
(c) Provide all employees engaged in performance of this contract with a copy of a statement required by
subparagraph 2. (a) of this clause;
(d) Notify such employees in writing in the statement required by subparagraph 2. (a) of this clause that, as a
condition of continued employment on this contract, the employee will:
(i) abide by the terms of the statement and
{Ii) notify the employer in writing of the employee's conviction under a criminal drug statute for a violation
occurring in the workplace no later than five (5) calendar days after such conviction;
(e) Notify Monroe County in writing within ten (10) calendar days after receiving notice under subparagraph 2. (d) (Ii)
of this clause from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of
the employee;
(I) Within thirty (30) calendar days after receiving notice under paragraph 2. (d) (Ii) of this clause of a conviction, take
one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) take appropriate personnel action against such employee, up to and including termination, or
(ii) require such employee to satisfactorily participate in a drug abuse assistance or rehabililation program
approved for such purposes by a Federal, State, or local heaith, law enforcement, or other appropriate
agency, and
(g) Make a good faith effort to maintain a drug-free workpiace through implementation of subparagraph 2. (a) of this
clause.
3. The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the
unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance In the performance of this contract.
4. In addition to other remedies available to the Govemment, the Contractor's failure to comply with the requirements of
paragraphs 2. and 3. of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract
payments, termination of the contract for default, and suspension or debarment:
BUY AMERICAN REQUIREMENT
1. Under Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990, the Secretary of Transportation shall not
obligate after the date of enactment (November 5, 1990), any funds for any project unless "steel and manufactured products"
(hereafter materials) used in such projects are produced in the United States. Althou9h this appears to be a blanket requirement,
CONSTRUCTION CONTRACT/BONDS
00500 - 21
the Act further provides the following four exceptions:
a. The Secretary determines that application of the Buy American requirement would not be in the public interest;
b. The Secretary finds that such materials are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality;
c. In the case of the procurement of facilities and equipment under the Airport and Airway Improvement Act of 1982,
as amended, that (1) the cost of components and subcomponents which are produced in the United States is more than 60 percent
of the cost of all components of the facility or equipment, and (2) final assembly of the facility or equipment has taken place in the
United States; or
d. The inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.
There is no restriction aaainst a comoanv offerina foreian oroduced items in its bid (aithouah the bid should identify those itemsl.
The Soansar rnav not award to that comoanv unless it is oursuant to one of the exceotions listed above.
2. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured
products produced in the United States when funds are expended pursuant to a grant issued under the AlP. The following terms
apply:
a. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those
produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined,
produced or manufactured in the United States exceeds sixty (60%) percent of the cost of all its components and final assembly has
taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in
subparagraphs 2. a. and b. shall be treated as domestic.
b. Components. As used in this clause, components means those articles, materials, and supplies incorporated
directly into steel and manufactured products.
c. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor
costs.
3. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the
Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those:
a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion
Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;
b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion
Act of 1990, that domestic preference would be inconsistent with the public interest; or
c. that inclusion of domestic material will increase the cost of the overali project contract by more than 25 percent.
4. The following is a list of those items that the Federal Govemment has aiready determined are not domestically produced in
sufficient and reasonably availabie quantijies and of a satisfactory quality (exemption 1. b. above). Many of the items listed would
not be considered as manufactured goods subject to the Buy American requirement or will never be used by sponsors in a project.
The entire list is reproduced to ensure that there are no unintentional exclusions.
List of Supplies/Materials that the U.S. Govemment Has Determined Are Not Produced In the United States In Sufficient and
Reasonably Available Quantities and of Sufficient Quality (January, 1991)
Acetylene, black.
Agar, bulk.
Anise.
Antimony, as metal or oxide.
Asbestos, amosite, chrysolite, and crocidolite.
Bananas.
Bauxite.
Beef, corned, canned.
Beef extract.
Bephenium Hydroxynapthoate.
Bismuth.
Books, trade, text technical, or scientific; newspapers; pamphlets; magazines; periodicais; printed briefs and films; not printed in the
Unijed States and for which domestic editions are not available.
Brazil nuts, un roasted.
Cadmium, ores and flue dust.
Calcium cyanamide.
Capers.
Cashew nuts.
CONSTRUCTION CONTRACT/BONDS
00500 - 22
Castor beans and castor oil.
Chalk, English.
Chestnuts.
Chicle.
Chrome ore or chronite.
Cinchona bark.
Cobalt, in cathodes, rondelles, or other primary ore and metal lonms.
Cocoa beans.
Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared lonm.
Coffee, raw or green bean.
Colchicine alkaloid, raw.
Copra.
Cork, wood or bark and waste.
Cover glass, microscope slide.
Cryolite, natural.
Dammargum.
Diamonds, industrial, stones and abrasIves.
Emetine, bulk.
Ergot, crude.
Erthrityl tetranitrate.
Fair linen, altar.
Fibers 01 the following types: abaca, aace, agave, coir, flax, jute, jute burlaps, palmyra, and sisai.
Goat and kidskins.
Graphite, natural, crystalline, crucible grade.
Handsewing needles.
Hemp yam.
Hog bristles lor brushes.
Hyoscine, bulk.
Ipecac, root.
Iodine, crude.
Kaurigum.
Lac.
Leather, sheepskin, hair type.
Lavender oil.
Manganese.
Menthoi, natural bulk.
Mica.
Microprocessor chips (brought onto a construction site as separate units for incorporation into building systems during construction
or repair and alteration 01 reai property).
Nickel, primary, in ingots, pigs, shots, cathodes, or similar fonms; nickel oxide and nickel salts.
Nitroguanidine (also known as picrite).
Nux vomica, crude.
Oiticica oil.
Oliveoii.
Olives (green), pitted or unpitted, or stuffed, in bulk.
Opium, crude.
Oranges, mandarin, canned.
Petroieum, crude oil, unfinished oils, and finished products (see definitions below).
Pine needle oil.
Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars.
Pyrethrum flowers.
Quartz crystals.
Quebracho.
Quinidine.
Quinine.
Rabbrl lur belt.
Radium salts, source and special nuclear materials.
Rosettes.
Rubber, crude and latex.
Rutile.
Santonin, crude.
Secretin.
Shellac.
Silk, raw and unmanufactured.
Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available.
Spices and hers, in bulk.
Sugars, raw.
Swords and scabbards.
Talc, block, steatite.
CONSTRUCTION CONTRACT/BONDS 00500 - 23
Tantalum.
Tapioca flour and cassava.
Tartar, crude; tartaric acid and cream of tartar in bulk.
Tea in bulk.
Thread, metallic (gold).
Thyme oil.
Tin in bars, blocks, and pigs.
Triprolidine hydrochloride.
Tungsten.
Vanilla bean.
Venom, cobra.
Wax, camauba.
Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, blasa,ekki, greenhart, iignum vitae,
mahogany, and teak.
Yarn, 50 Denier rayon.
Petroleum terms are used as follows:
"Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) that have been
recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products.
"Finished products. means anyone or more of the following petroleum oils, or a mixture or combination of these oils, to be used
without further processing except blending by mechanical means:
a. "Asphalt" - a solid or semi-solid cementitious material that (1) gradually iiquefies when heated, (2) has bitumens
as its predominating constituents, and (3) is obtained in refining crude oil.
b. "Fuel Oil" - a liquid or iiquefiable petroleum product bumed for lighting or for the generation of heat or power and
derived directiy or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel,
topped crude oil, or residues.
c. "Gasoline" - a refined petroleum distillate that, by its consumption, is suitabie for use as a carburant in internal
combustion engines.
d. "Jet Fue'" - a refined petroleum distillate used to fuel jet propulsion engines.
e. "Liquefied Gases' - hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept
under pressure to maintain liquid state at ambient temperatures.
f. "Lubricating Oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction
between surfaces.
g. "Naphtha" - a refined petrOleum distillate falling within a distillation range overlapping the higher gasoiine and the
lower kerosene.
h. "Natural Gas Products" -liquids (under atmospheric conditions) including natural gasoiine, that:
(1) are recovered by a process of absorption, adsorption, compression, refrigeration, cyclin, or a
combination of these processes, from mixtures of hydrocarbons that existed in a vaporous phase in a
reservoir, and
(2) when recovered and without processing in a refinery, definitions of products contained in subdivision b.,
c., and g. above.
L "Residual Fuel Oil" - a topped crude oil or viscous residuum that, as obtained in refining or after blending with
other fuel oil, meets or is the equivalent or MiLSPEC MiI-F-859 for Navy Special Fuel Oil and any more viscous
fuel oil, such as No.5 or Bunker C.
"Unfinished oils. -, means one or more of the petroleum oils listed under "Finished products" above, or a mixture or combination of
these oils, that are to be further processed other than by blending by mechanical means.
SUSPENSION AND DEBARMENT REQUIREMENTS - FOR CONTRACTS
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89.
The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently
debanred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency. It further agrees by submitting this proposal that it will include this clause with modification in ali
lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder! offerer! contractor of any lower tier
participant is unable to certify to this statement, it shall attach an expianation to this solicitation/proposal.
RIGHTS TO INVENTIONS
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89.
All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of
the Federai grant under which this contract is executed. Information regarding these rights is availabie from the FAA and the
CONSTRUCTION CONTRACT/BONDS
00500 - 24
Sponsor.
TERMINATION OF CONTRACT
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89.
a. The Sponsor may. by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's
convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in perfonming this contract,
whether completed or in process, delivered to the Sponsor.
b. If the tenmination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be
made, but no amount shall be allowed for anticipated profit on unperfonmed services.
c. If the tenmination is due to failure to fulfill contractor's obligations, the Sponsor may take over the worK and
prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any
additional cost occasioned to the Sponsor thereby.
d. If, afler notice of termination for failure to fulfill contract obligations, it is detenmined that the contractor had not so
failed, the tenmination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the
contract price shall be made as provided in paragraph b. of this clause.
e. The rights and remedies of the Sponsor provided in this clause are in addition to any other rights and remedies
provided by law or under this contract.
INSPECTION OF RECORDS
As required by FAA Order 51 00.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89.
The contractor shall maintain an acceptable cost accounting system. The Sponsor, the Federal Aviation Administration, and the
Comptroller Generai of the United States shall have access to any books, documents, paper, and records of the contractor which
are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The
contractor shall maintain all required records for 3 years afler the Sponsor makes final payment and all other pending matters are
closed.
BREACH OF CONTRACT TERMS - SANCTIONS
As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89.
Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or
tenmination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982. SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS
The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that
no person shall, an the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance, This provisions obligates the tenant/concessionaire/lessee or its
transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is
to provide, or is in the fonm of personal property or real property or interest therein or structures or improvements thereon. In these
cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the
property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another
purpose involving the provision of similar services or benefrts or (b) the period during which the airport sponsor or any transferee
retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid
solicitation period through the completion of the contract. This provision Is in addition to that required by Title VI of the Civil Rights
Act of 1964.
Aoolication
Incorporate In all contracts funded under AlP
Reference
Airport and Airway Improvement Act of 1982, Section 520
Title 49 47123
AC 150/5100-15 Para. 10.c
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
CONSTRUCTION CONTRACT/BONDS 00500 - 25
employee of a Member of Congress in connection with making of any Federal grant and the amendment or modification of
any Federal grant.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency I a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit
Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions
Aoolication
Required in all contracts and subcontracts
Reference
49 CFR Part 20, Appendix A
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163)
Aoolication
The reguiation does not prescribe the language for the requirement. The above clause represents sample language that meets the
intent of49 CFR part 18.36(i)(13)
Reference
49 CFR Part 18.36
Public Law 94-163
VETERAN'S PREFERENCE
In the employment of iabor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of
the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the
employment relates.
Aoolication
Incorporate into all construction contracts financed under the AlP program.
Reference
Title 49 U.S.C. 47112(c)
Advisory Circular 15015100-<>d
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or invoive the employment of
laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek
in which he or she is employed on such work to work. in excess of forty hours in such workweek unless laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, inciuding
watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar
day on which such individual was required or permited to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph 1 above.
3. Withhoiding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
4. Subcontractors.
CONSTRUCTION CONTRACT/BONDS
00500 - 26
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a
clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower lier subcontractor with the clauses set forth in paragraphs 1 throug h 4
of this section.
Aoclication
Incorporate into all construction contracts and subcontracts that exceed $100,000 and are financed under the AlP program.
Reference
29 CFR Part 5.5
Advisory Circular 150/51 00-6d
ATTACHMENTS
Wage rates for Monroe County are attached.
CONSTRUCTION CONTRACT/BONDS
00500 - 27
Waae Rate Decisions
General Decision Number Fl080050 02108/2008 Fl50
Superseded General Decision No. Fl20070051
State: FLORIDA
County: MONROE
Construction Type: RESIDENTIAL
RESIDENTIAL CONSTRUCTION PROJECTS (Consisting of single family homes and apartments up to and including
4 stories.)
Modification Numbe r: 0
Publication Date: 02/08/2008
SUFl1983-003 09/01/1983
Rates
AIR CONDITIONING MECHANIC 7.75
BRICKLAYER 8.50
CARPENTERS 8.41
CEMENT MASONS 8.00
DRYWAll FINISHER 7.96
DRYWAll HANGER 10.00
ELECTRICIANS 9.16
LABORERS:
Marble Setter 6.50
Mason Tender 5.85
Unskilled 5.85
PAINTERS 8.00
PLUMBERS & PIPEFITTERS 8.37
POWER EQUIPMENT OPERATORS:
Backhoe 7.00
Bulldozer 6.00
Crane 7.00
Grader 7.00
Trencher 6.00
ROOFERS 7.00
SHEET METAL WORKER 9.00
TRUCK DRIVERS 5.85
Frinaes
WELDERS
Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
CONSTRUCTION CONTRACT/BONDS
00500 - 28
In the listing above, the "SU" designation means the rates listed under the identifier do not refiect collectively bargained
wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.
-----..-----.--------------------------------------
Wage Determination Appeals Process
1.) Has there been an initial decision in the matter? This can be:
. an existing published wage determination
. a survey underlying a wage determination
. a Wage and Hour Division letter setting forth a position on a wage determination matter
. a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and
Hour Regional Office for the area in which the survey was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initiai contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review
and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage
payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Ad ministrator is not favorable, an interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GEN ERAL DECISION
CONSTRUCTION CONTRACT/BONDS
00500 - 29
PAYMENT AND PERFORMANCE BOND
Monroe County Noise Insulation program (NIP)
BOND NO. 3321162
Part A: Payment Bond
KNOW ALL BY THESE PRESENTS, that we, KOCH CORPORATION
Contractor,
asPrincipal,whoseaddressis 1131 LOGAN STREET, LOUISVILLE, KY 40204 , and Surely
GREAT AMERICAN INSURANCE COMPANY h dd . 580 WALNUT STREET, CINCINNATI,OH
,w ase a ress IS
,45202
duly authorized and licensed to do business in the State of Florida, as Surety. hereinafter called Surety, are held and firmly bound
unlo the MONROE COUNTY NOISE INSULA TION PRor.nAM INIP) as obligeeLhereinafter called owner, for the use and
., T'Hl'EE-"ifLi.roN srlt' HUNDRED SIXTY SEVEN THOUSAND
benefit of claimants as hereinafter provided In the amount of.....,,", "fft~"'~" ,m,"',,"V ~.~ to:' I. ~u $'3 cn ,a~B OBI Dollars, for the
payment whereof Principal and Surety bind themselves, their heirs, executors, adminIstrators, successors and assigns, jointly and
severally, firmly by these presents. WHEREAS, Principal has written a~reement dated ,20_, entered
into a contract with Owner for NIP CONTRACTA1P NO.]-12-00]?-O]5:1~ &ccordance with drawings and specifications prepared
by/for MONROE COUNTY NIP which contract is by reference made party of hereof and is required by Section 255.05, Florida
Statutes. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 255.05, Florida Statutes, is such
that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor
perfQrmed and materials furnished under the CQntract, to be used Qr consumed in making the public improvements Qr performing
the public work as provided in the Contract, then this obligation shall be null and void; otherwise is shaH remain in full force and
effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Contract, or change in the
work covered thereby, or any extension of time far the completion orthe Contract shall release the sureties on the bond. 2) Not
later than one year after the completion of the work under the Contract, any party in interest may maintain an action in his own
name against the Principal and the Surety upon this bond far the recovery of any damages he may have sustained by reason Qfthe
failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the
amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro
rata.
Signed and sealed this
day of
, 20
IN THE PRESENCE OF:
KOCH CORPORATION
(Seal)
By:
GREAT AMERICAN INSURANCE COMPANY
Name of Surety
@~ ~ss UIANE
L.
By:
PHELPS
~,
(Seal)
ATTORNEY-IN-FACT
CONSTRUCTION CONTRACT/BONDS
00500 - 7
Monroe County Noise Insulation Program (NIP)
PAYMENT AND PERFORMANCE BOND
BOND NO. 3321162
Part B: Performance Bond
KNOW ALL BY THESE PRESENTS, that we, KOCH CORPORATION
Contractor,
asPrincipal,whoseaddressis 1131 LOGAN STREET, LOUISVILLE, KY 40204 , and Surety
h dd . 580 WALNUT STREET, CINCINNATI,OH
,w osea ress IS
45202
GREAT AMERICAN INSURANCE COMPANY
duly authorized and licensed to do business in the State of Florida, as Surety, hereinafter called Surety, are held and firmly bound
unto MONROE COUNTY NOISE INSULA T10N PROGIlM'I,,{ll:!JJld,j\.\~ !:wI:i'1.'!\\!ir l'A\l!%l!.fJwner, for the use and
benefit of claimants as hereinafter provided in the amount of TWO KtlNDRED NINETY AN[) 00/100 ($3.667.290.00) Dollars, for the
payment whereof Principal and Surety bind them selves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. WHEREAS, r~iBcw:al has written ~reement dated ,20-, entered
into a contract with Owner for NIP CONTRACt' 0.3 -12- 003" a8C'~aiM'dI:'\.tith drawings and specifications prepared
by/for MONROE COUNTY NIP which contract is by refel'ence made party of hereof and is required by Section 255.05, Florida
Statutes. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF TIllS OBLIGATION, If the Principal shail faithfuily complete the Contract(s)
according to its terms and shall save the Monroe County NIP harmless from all cost and charges that may accrue on account of the
doing of the Work specified and shall pay all eosts of enforcement of the terms of the bond, if action is brought thereon, in eluding
reasonable attorney's fees, costs and disbursements, in any case in which such action is successfully maintained, or successfully
appealed, and shall comply with the laws of the state appertaining to such Contract(s), then this obligation shall be void but
otherwise it shall remain in full force and effect pursuant to Florida Statutes.
Signed and sealed this
day of
, 20
IN THE PRESENCE OF:
KOCH CORPORATION
Name of Principal (Contractor)
dt;: Lit:::"'
(Seal)
Lads, President
GREAT AMERICAN INSURANCE COMPANY
Name of Surety
~~ 'XQ~s DIANE L.
By:
PHELPS
~ (Seal)
S E GARR T, ATTORNEY-IN-FACT
CONSTRUCTION CONTRACT/BONDS
00500 - 8
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
The number of persons authorized by
this pow~r of auomcy is not morc than EIGHT
No.O 18129
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws or the State of Ohio, docs hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for it and in its name. place and stead to execute in behalf of the said Company. as surety, any and all hands, undertakings and contracts of suretyship. Of
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed
under this authority shall not exceed the limit stat..ed helow.
STEVEN M. GARRETT
WILLIAM A. KANTLEHENEF1, III
THOMAS J. MITCHELL
ROGER A. NEAL
Name
DEBORAH A. YATES
JEFFREY A. BROWN
DIANE L. PHELPS
LINDA KAPFHAMMER
Address
ALL OF
LOUISVILLE, KENTUCKY
Limit of Power
ALL
$75,000,000
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fUl:t named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to he signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of JULY 2008
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON _ ss: DAVID C. KITCHIN (513-412-4602)
On this 8TH day of JULY 2008 ' before me personally appeared DAVID C. KITCHIN, to me known,
heing duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company descrihed in and which executed the ahove instrument; that he knows the seal of the said Cl)mpany; that the seal affixed to the
said instrument is such corporate seal: that it was so affixed hy authority of his orficc under the By-Laws of said Company, and that he signed his name thereto
hy like authority.
This Power of Attorney is granted hy authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written eOTlSL'nt dated March 1, 1993.
RESULVED: J'lIat the Divisional President, tile DiFisirl//al Senior Vice Pn'siden(, the ,~cveral Divisional Vice President,I' (lnd Dil'ismllll !\ssislam Vice
President.I', or {J!l....' olle (!fihem, be and herehy is aUllwri7cd, from lime to time, to appoint 01le or more r1uornevs-in-FacllO execute orl beha(r(~lthe Company,
as slIrety, allY (/nd all hmll/s. undertakings lInd ['olll((Jcfs of suretyship. or other wriuell obligations in lhe fwture thereof; to presaibe t'wir rnpecriFe duties and
the respl'l'tiw_' limits of their authoriry; and to rel'oke any such appointment at any time.
RES(}{.l/l~D FURTHER: lh{)t the COII/panv seal amilhe si!?fllltu/"c (!f any o(the {!f;m',Hlid officers ami ally Seaetary or Assistant Secretary (!( the
Company IntlY bi' qflixed b.vlac.I'imile to any power (!{alfonU')' or cert!licate of either gil'enf{)r the execuTion of (IllY hond, undertaking, ("ontrad or ,\"lIretyship,
or other written obligatio/l inlhe nature thereof ,\"lIdl signature mltl seal \l'hen so IIsed being hereby adopted by the Company as the original signature (!lSl/ch
otfiel'/" rind the original scnt (~( the Company. to be l'aUli and hinding upon the CompallY with the smne force and effect 11.1' thol/gh manllally {lffixed,
CERTIFICATION
L EVE CUTLER ROSEN, Senior Vice President, GCnl.":ral Counsel & Assistant Sccrelary of Great American Insurance Company, uo herehy
certify that the foregoing Power of Attorney anu the Resolutions of the Roard of Directors of March I, 199~ have not heen revoked and are now in full foree Hnu
dTccL
Signeu and sl.'"alcu this
day of
<::,,,,>QY 1.11""'-'
',ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DP I DATE (MM/DDIYYYY)
KOCHC-1 09/09/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Garrett-Stotz Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
10350 Ormsby park P1, Ste 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Louisville KY 40223
Phone: 502-415-7000 Fax:502-415-7001 INSURERS AFFORDING COVERAGE NAIC#
n396 -
INSURED INSURER A: Amerisure Mutual Insurance
_.-.-
Strong Tower Construction, LLC INSURER B: .- ---
dba Koch co~oration
12 Stone Rea ty, LLC INSURER c:
..-
1131 Lo~an Street INSURER 0: .-
Louisvi Ie KY 40204 ~_.~-
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lTR NSR TYPE OF INSURANCE POLICY NUMBER I PD~~~~MM/DDNY\r;; ""bkTE fMM/DD~N LIMITS
~NERAL LIABILITY EACH OCCURRENCE . 1,000,000
A X X COMMERCIAL GENERAL LIABILITY CPP 1322729 12/31/07 12/31/08 PREJ~ES (Ea occurence) .100,000
I CLAIMS MADE [!J OCCUR MED EXP (Anyone person) .5,000
- PERSONAL & ADV INJURY .1,000,000
I-- GENERAL AGGREGATE .2,000,000
rl'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMPIOP AGG .2,00O,00()_
POLICY [Xl r~8T LOC
~TOMOBILE L1ABILlTf COMBINED SINGLE LIMIT .1,000,000
A ANY AUTO CA1322730 12/31/07 12/31/08 (Eaaccidenl)
I--
0- ALL OWNED AUTOS BODILY INJURY
.
I.JC.. SCHEDULED AUTOS (Per person)
It... HIRED AUTOS BODlL Y INJURY
.
lC. NON-OWNED AUTOS (Per accident)
..- _..--_..--_._~ PROPERTY DAMAGE .
(Per accident)
~RAGE LIABiliTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
~ESSJUMBRELLA LIABILITY EACH OCCURRENCE .5,000,000
A X OCCUR CJ CLAIMS MADE CU 1322731 12/31/07 12/31/08 AGGREGATE . 5,000,000
. --
R DEDUCTIBLE . --
-
RETENTION . .
WORKERS COMPENSATION AND X lTB'~Y:;'LIM:~S I IU~~
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNERlEXECUTIVE WC132177002 12/31/07 12/31/08 E.L. EACH ACCIDENT .100,000
OFFICER/MEMBER EXCLUOE,D? E.L DISEASE - EA EMPLOYEE .100,000
~~~~I~tS~~~VI~1oNS below E.L DISEASE - POLICY LIMIT .500,000
OTHER
A LEASE/RENTED EQUIP CPP 1322729 12/31/07 12/31/08 Per item $80,000
A STORED MATERIALS CPP 1322729 12/31/07 12/31/0B BLK LIMIT 1,100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ALL WORK INCLUDING AlP NO. 3-12-0037-035-2008, MONROE COUNTY NOISE
INSULATION PROGRAM (NIP) IS ADDITIONAL INSURED ON THE GENERAL LIABILITY
POLICY PER POLICY TERMS AND CONDITIONS.
CERTIFICATE HOLDER
COVERAGES
MONROE COUNTY NOISE
INSULATION PROGRAM (NIP)
1100 SIMONTON STREET
KEY WEST FL 33040
CANCELLATION
MONRO -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENT A lWES.
AUTHO 0 REPRES
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/06)
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 SB I DATE (MMlDONYVY)
KOCHC 1 10/06/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE
Garrett-stotz Company HOLDER. THIS CERTlFICATE DOES NOT AMEND, EXTEND OR
10350 ormsby Park P1, Ste 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Louisville KY 40223
phone: 502-415-7000 Fax: 502-415-7001 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: Amerisure Mutual Insurance 23396
Strong Tower Construction, LLC INSURER B:
dba Koch co~oration INSURER c:
12 Stone Rea ty, LLC -.-
1131 Lo~an Street INSURER 0: I
Louisvi le KY 40204
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE INSURED NAMED ABove FDA THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~-
LTR NSR TYPE OF INSURANCE
GENERAL LIABILITY
A X ~MMERCIAlGENERAlLlABILlTY Cpp 1322729
---+-~ CLA\MS MADE ~ OCCUR
POLICY NUMBER
DATE MMlDDI~~c I P8kTE MWDDNY
L1UITS
12/31/07
12/31/08
EACH OCCURRENCE
~~EM:SES (Ea occurence)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
.1,000,000~._
.100,000
.5,000
.1,000,000
.2,000,000
.2,000,000
A
~'lAGGRE~E l.IMIT AP~S PER:
I I POLICY IX I ~r8i I I lOC
~TOMOBILE L\ABIUTY
X f-- ANY AUTO
~ All OWNED AUTOS
~ SCHEDULED AUTOS
~ HIRED AUTOS
~ NON-OWNED AUTOS
-
CA1322730
12/31/07 12/31/08
:~ SC.S-J
IO'~K
,
COMBINED SINGLE LIMIT
(Eaaccident)
.1,000,000
BODILY INJURY
(Per person)
BOOll Y INJURY I $
(peraccident)--+-
PROPERTY DAMAGE I .
(Peraccidenl)
~~GE LIABILITY
11 ANY AUTO
EXCESS/UMBRELLA LIABILITY
A ~ OCCUR [J CLAIMS MADE
h DEDUCTIBLE
II RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
A ANY PROPRIETORlPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED?
~~~~I~~~~V~Sr~NS belOW
OTHER
OTHER THAN
AUTO ONLY:
EA ACC
AGG
.
.
.
.5,000,000
.5,000,000
.
.
.
AUTO ONLY - EA ACCIDENT
CU 1322731
12/31/07
12/31/08
EACH OCCURRENCE
AGGREGATE
WC132177002
12/31/07 I
12/31/08
X I T8~l~~Ws I I oJ~-
E.l. EACH ACCIDENT $ 100,000
E.L. DISEASE - EA EMPLOYEE $ 100, 000
E.l.DISEASE-POLlCYLlMIT $ 500, 000
A LEASE/RENTED EQUIP CPP 1322729 12/31/07 12/31/08 Per item $80,000
A STORED MATERIALS CPP 1322729 12/31/07 12/31/08 BL- .1.-1.00,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS _ ~ I 'v I: LI
ALL WORK INCLUDING AIP NO. 3-12-0037-035-2008; CERTIFICATE HOLDER AND MONROE
COUNTY NOISE INSULATION PROGRAM (NIP) IS ADDITIONAL INSURED ON THE GENERAL OCT 1 0 (['Of, l rA
LIABILITY AND AUTOMOBILE AS REQUIRED BY WRITTEN CONTRACT. (I -.\'
AIRPORT ADMIN.
CERTIFICATE HOLDER CANCELLATlON
MONRO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Monroe County Board
Commissioners
1100 Simonton St
Key West FL 33040
of
counRECE1VE
DC
AIRPORT ADMIN.
NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH D REPRES
@ACORDCORPORATlON 1988
ACORD 25 (2001/08)
~.~ ~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
RECEIVED
OCT 1 0 Z008
RECEIVED
AIRPORT ADMIN.
~.~ .
OCT 0 ~
AIRPORT M"'ll\/Iht({,ti{-
ACORD 25 (2001/08)