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05/20/2009 Contract
DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 28, 2009 TO: Reggie Paros, Director Housing & Community Development Florida Keys Marathon Airport Manager A TTN: FROM: Stacy De Vane, Executive Assistant Pamela G. Hancock, D.~ At the May 20, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract betw~en Monroe County and Weathertrol Maintenance Corporation for the HV AC Equipment Replacement project at the Florida Keys Marathon Airport, in the total amount of $466, 111.00. e:.Q~l es Enclosed are two dHf)lieffie origiRals of the above-tnentioned for your handling. Should you have any questions please do not hesitate to contact thi~ office. cc: County Attorney Finance Filev' CONTRACT DOCUMENTS HVAC EQUIPMENT REPLACEMENT FLORIDA KEYS MARATHON AIRPORT MONROE COUNTY, IFLORIDA URS Corporation Contract No.: 12638894.00000 Prepared for: THE MONROE COUtrJTY BOARD OF COUNTY COMMIISSIONERS MR. GEORGE: NEUGENT, DISTRICT 2 MS. SYLVIA MURPHY, DISTRICT 5 MS. KIM WIGINGTON, DISTRICT 1 MS. HEATHER CARRUTHERS, DISTRICT 3 MR. MARIO DI GENNARO, DISTRICT 4 MAYOR MAYOR PROTEM COMMISSIONER COMMISSIONER COMMISSIONER Prepared by: : URS CORPORATION JANUARY 2009 I ! ORIGINAL ADDENDUM NQ. 1 March 9, 2009 To Contract Documents for HV AC Equipment Replatement at Florida Keys Marathon! Airport Monroe County, Florida TO ALL CONCERNED: The following items are modifications, clarifications, and interpretations to the original contract documents. The following items as provided hereinafter are now in effect and have thH same force as if included in the original documents. Bidder shall acknowledge receipt of this addendum on the proposal form (Section C, Page 1-16 and Section H, Page 1-26). Also, please sign this page of the addendum and return by fax (305) 261-4017 to confirm your receipt. This Addendum No.1 consists of 2 total pages. -'0 E-,~ 77..f e re-r~oL. cany Name ~ Signatu ~".,~? V, ,A2o~5" Name URS Corporation ( / L Signature l))/'lt;c70AZ ~~ ,8i/5)/VL::::'~> Title ,~ ADDENDUM No 1 March 9, 2009 To Contract Document~ for HVAC Equipment Replac~ment at Florida Keys Marathon ~irport Monroe County, Flortida This addendum to the Contract Documents includes ~Iarification to the following: r Clarification to the Contract Documents Section A "Notice of Calling for Bids", page 1-2: the Bid Opening Date is on Thursday, March 12th". All items and conditions of the original contract documents shall remain unchanged. FLORIDA KEYS MARA11HON AIRPORT MONROE COUNTY~ FLORIDA CONTRACT DOCUMENTS FOR HVAC EQUIPMENT REPLACEMENT URS Corporation Contract No.;: 12638894.00000 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORAl'tION JANUARY 2009 TABLE OF CONTII:NTS DIVISION I.. ......... ........ ... .... .......... .... .... ...... ..... ....... ..... ...... ... BID DOCU M ENTS DIVISION II ............. ... ............ ........ ... ......... ... ....... .......... ......... ...... CONTRACT DIVISION III ............................................................... GENERAL PROVISIONS DIVI 51 ON IV ........ ............. ..... ................ .... ....... ....... ..... .SPECIAL PROVIS IONS DIVISION V...................................................... TECHNICAL SPECIFICATIONS BID DOCUMIENTS DIVISION I BID DOCUMEN$ SECTION A - NOTICE OF CALLING FOR BIDS.....,....................................................... 1-2 SECTION B - INSTRUCTIONS TO BIDDERS .........;.......................................................1-4 SECTION C - PROPOSAL AND SCHEDULE OF B~D ITEMS ......................................1-14 SECTION D - BI D BON D .........................................~.................................................. ..1-20 SECTION E - DRUG-FREE WORK PLACE .................................................................1-22 SECTION F - PRIME BIDDER'S QUALIFICATIONS ...................................................1-23 SECTION G - DISCLOSURE OF LOBBY ACTIVITI!ES .................................................1-25 SECTION H - ACKNOWLEDGMENT OF RECEIPT bF ADDENDUM ..........................1-26 SECTION I - DISADVANTAGED BUSINESS ENT~RPRISE PROGRAM (N/A) .........1-27 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT .........................................................1-28 SECTION K - SWORN STATEMENT PURSUANT 110 SECTION 287.133C3J(A), FLORIDA STATUTE~, ON PUBLIC ENTITY C RI M ES ...... ......... ..... .......... ................ .................... ......... ........ .1-30 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990..................1-33 SECTION M - CERTIFICATION OF NONSEGREGA~ED F ACILITIES.........................1-34 SECTION N - FEDERAL WAGES DECISION ..........,....................................................1-35 SECTION 0 - CERTIFICATION REGARDING DEB4RTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29............................................................1-36 1-1 SECTION A NOTICE OF CALLING NOTICE IS HEREBY GIVEN TO PROSPECTIVE BID ERS that on Wednesday. March 11 th 2009 at 3:00 PM, the Monroe County Purchasing Office ill open sealed bids for the following: Furnishing of all labor and materials and performing lall work for constructing the following contract: The major iitems of work for the contract will be: The Contractor shall replace the major components of th~ HV AC system as follow: a) Contractor shall provide chilled water system, I consisting in the replacement of the existing water cooled chilled water system with ar 80 Ton air cooled chiller. The new air cooled chiller will be located where the existing c~oling tower is located. b) Contractor shall provide air handlers, consistin~ in the replacement of the existing air handlers with (2) new 40 Ton variable air v?lume air handler units with variable frequency drives. Provide (8) new zone damper~ and (8) duct mounted electric heaters to replace the abandoned condenser water reh~at coils. Terminal variable air volume units with electric heating coils could be used in! lieu of the zone dampers and electric duc1t heaters if space permits. New DOC controlls will be provided for the air handlers, valves, zone dampers, heaters, etc. c) Contractor shall close off the area of the louvers not required by the air handlers for fresh air and air conditioning. The new air handl~rs will also be ducted to the louvers so no unconditioned outside air enters the room. d) Contractor shall provide five (5) year warranty arid five (5) year maintenance, as part of the bid alternates. Specifications and Bid Documents may be requested from DemandStar by Onvia at www.demandstar.com or www.co.monroe.fl.us. or call ~oll-free at 1-800-711-1712. Technical questions should be directed at the Engineer, URS Corworation, 7650 Corporate Center Drive, Suite 400, Miami, Florida 33126-1220; Telephone (305) ~62-7466, Fax (305) 261-4017. Bidders must submit two (2) signed originals and one (1 envelope marked on the outside: "Sealed Bid for HV A and deliverE~d either in person or by mail, preferably by s Monroe County Purchasing epartment 1100 Simonton Street, Sui e 1-213 Key West, Florida 33 40 All bids must be received by the County Purchasing ffice before 3:00 PM on Wednesday. March 11th, 2009. Any bids received after this date a d time will be automatically rejected. 1-2 Faxed or emailed bids will also be automatically rejected~ All bids must remain valid for a period of ninety (90) dt' ys. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under ,Section 287.133(3)(d), F.S. (1997). I All bids, including the recommendation of the COUtY Administrator and the requesting Department Head, will be presented to the Board of Co nty Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board rese, es the right to reject any and all bids, to waive informalities in any or all bids, and to re-adverti~e for bids; and to separately accept or reject any item or items of bid and to award and/or negodate a contract in the best interest of the County. Each bid for projects estimated to exceed one hundr 'd fifty thousand dollars ($150,000.00) must be accompanied by a bid security in an amount e ual to five (5) percent of the bid price either in the form of a certified check made paya Ie to the Monroe County Board of Commissioners or in a bond from a surety company authorized to do business in Florida. A project may not be divided into sub-parts to avoid the r quirement for the bid security. The bid securities will remain in the custody of the OMB (Offic of Management and Budget) director until forfeited or released. If, after the board accepts the bid the bidder refuses to execute the contract or commence the work or provide the goods ~alled for, then the bid security will be forfeited to, and become the property of, the county as liquidated damages for the county's loss of bargain. If the successful bidder executes the contr~ct and commences performance, then the bid security will be returned. The bid securities of un~uccessful bidders and bid securities in the county's possession for more than ninety (90) days from the date of bid opening shall also be returned. A public construction bond will be required for 1000/0 of thle contract price. Certification of Non-segregated Facilities and Equal O~portunity Report Statements must be signed as included in the bid proposal. Failure to complete these forms may be grounds for rejecting bids. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of ttlte State of Florida. This shall include evidence of possession of a current license to perform tris type of work. Non-residents of the state, if a corporation, shall show evidence of qualific$tion by the Secretary of State to do business in Florida. General Contractor or Mechanical Cqntractor license is required. All bidders submitting bids for construction, improverrent, remodeling or repair of public building, will furnish evidence that the bidder holds Ian appropriate current certificate or registration per Ch. 489.113 FS, unless exempt under Chi. 489.103 FS. A Pre-Bid Conference will be held on N/A 2009 at 11 :qo a.m. local time, at the Florida Keys Marathon Airport, Terminal Building, Airport Manager Co~ference Room. Dated at Key West, this day of I I I tonroe County Purchasing Department ,2009 1-3 SECTION B INSTRUCTIONS TO B~DDERS 1. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contr~ct Documents. All papers bound with or attached to the Proposal Form are a p~rt of the Contract and must not be detached or altered. ' A Bid Bond in the form of a cashier's check, ~rtified check or surety bond in the amount of not less than five percent (50/0) ofl the total amount of bid submitted shall accompany each proposal. The Bid Bon~ shall be made payable to Monroe County Board of County Commissioner. 2. EXAMINATION OF CONTRACT DOCUMEN~S AND SITE OF WORK: The bidder shall examine carefully the sit~ of the work and the Contract Documents and he shall investigate and satis~ himself as to the conditions to be encountered, as to the character, quality an quantity of work to be performed and materials to be furnished and as to t e requirements of the Contract. Bidders shall familiarize themselves with ,II federal and state laws, local ordinances and regulations which may in ahy manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid fqr the proposed contract is in doubt as to the meaning of any part of the propo~ed Contract Documents, he may subnnit to the Engineer, URS Corporation, 7~50 Corporate Center Drive, Suite 400, Miami, Florida, 33126-1220, a written r~quest for an interpretation of the proposed documents. Such interpretations will be made only by Addenda and a copy of each Addendum will be mailed or deli~ered to each bidder receiving a set of such Contract Documents. Re uests for iter retation will be acce ted u to fifteen 15 calendar da s rior to the bid due ate. 4. ADDENDA: Any Addenda issued during the preparationl of bids shall be included in the Proposal and shall become a part of the Con~ract Documents. Subcontractor's attention must be called to these changes as ~ell as to the effect Addenda may have on their work. I I 1-4 5. PREPARATION OF PROPOSAL: Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Propo al Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for all rrors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual, his name and post office address must be s own. If a firm or partnership, the name and post office address of each memb r of the firm or partnership must be shown. If a corporation, the Proposal must d signate the state under the laws of which the corporation is chartered, the name , titles and business addresses of its officers and the one signing the Proposallas agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporatic~n. On the Proposal Form (Schedule of Bid Ite sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column f r each bid item exclusive of those items for which a fixed contract unit price an extension are shown. On "lump sum" items, the same amount shall be show, in both the unit price (words and figures) and extension (figures only) columns.. After all extensions are made, the bidder shall total the extended amounts of thel bid items and show his total of the extended amounts of the bid items and show his total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typ~d. Any inter-lineation, erasure or other alteration of a figure shall be initialed b~ the signer of the proposal. The Owner will check the extension of each item gliven in the proposal and correct all errors and discrepancies. In case of a discrewancy between a unit bid price and the extension amount, the unit price will goverh. In case of discrepancy between the unit price in words and figures, the wor~s shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE BIDS: Where alternate designs are provided by the pllans and proposal, the bidder shall enter prices only on the items for the detign alternate that will be most economical for him to construct and other bid items that will be common for all alternates. The bidder shall enter the words". 0 Bid" in the unit price column on items for the design alternates not selected. ' If any item on the proposal form permits a choice between alternate specified types of materials, the bidder shall indicate b~ a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. 1-5 Where alternate designs are provided for w~ich bids area called for on each alternate, the bidder shall furnish bid prices fqr each of the alternates. Failure to do this may be grounds for rejection of the proposal. I I 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show ant alteration of form, additions not called for, conditional or alternate bids or irre ularities of any kind. Proposals in which prices are obviously unbalanced may, e rejected. The Owner reserves the right to waive minor irregularities in any bid. 8. BID PRICE: The price bid shall cover the cost of furnis~ing of all materials, tools, labor, transportation, local, state and federal taxes, !Old Age Benefits, Social Security, services and equipment necessary to perform I the work in full conformity with the Contract Documents. 9. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qu~lified to submit a proposal for this construction in accordance with all applicable I~ws of the State of Florida. Bidder shall submit "Evidence of Competency"" consisting of statements covering the bidder's past experience on similar work, a list of equipment that would be available, latest financial statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's Qualification Form.) 10. AWARD OF CONTRACT: The award of the contract, should it be awarqed, will be made by the Owner to the lowest responsible bidder whose propos~1 meets the requirements thereof. The award, if made, will be made within nin$ty (90) days after opening of the proposal but no award will be made until the r$sponsibility of the bidder to whom it is proposed to award the contract has been I investigated. Notice of award will be mailed by the Owner to the successful bildder at the address stated in his proposal. 11. RETURN OF BID BOND: All bid bonds except those of the two lowest! qualified bidders will be returned promptly after the tabulation of the bids has b1en made and in no case will a bid bond be held longer than ninety (90) days withtt the bidder's written consent. I I I I I I 1-6 12. EXECUTION OF CONTRACT: The successful bidder will be required to exe ute the contract and furnish bond within fifteen(15) days of date of notice to a ard. In the case of a corporation, the officer or agent to execute the contract ust be designated in a power of attorney executed by the Board of Directors nd duly certified by the Secretary and bearing the seal of the corporation. hen the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Su h power of attorney must bear the signature of the other members of the firml and must be executed before a notary. Any officer or agent signing on behalf of ~he surety company bonding the contractor will be required to file a power of aUorney with the bond executed and will be required to affix the seal of the surety tq said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse t~ execute the contract and furnish satisfactory bond within fifteen (15) days afte notice of award has been issued by the Owner, the bond filed with the propos I shall become the property of the Owner. At his option, the Owner may then. annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14. CONTRACT TIME: The contractor shall begin work after rec~ipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-@3 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within sixty (60) calendar days. If the Contractor does not comply with the con~ract time, then liquidated damages will apply as per Special Provisions NO.2 and S. 15. CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No.1., S~ction 25 "Project Documentation" Subsection H. "Prerequisites to Substantial COfnpletion" must be satisfied. 16. BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work incluted in this project shall include the following fully executed documents: 1-7 M. N. A. Bid Proposal Contract (Division I, Secti~n C) B. Schedule of Bid Items (Division I, Sectitn C) Bid Bond (Division I, Section D) C. D. Drug-free Work Place (Division I, Sectic~n E) Prime Bidder's Qualifications (Division n Section F) E. F. Disclosure of Lobby Activities (Division I, Section G) G. Acknowledgment of Receipt of Addend~m (Division I, Section H) Bidder's Affidavit in Compliance Witth the Florida Trench Safety Act (Division I, Section J) H. I. Sworn Statement Under Section 287.1 $3(3)(a) FLORIDA STATUTES, on Public Entity Crimes (Division I, Sectionl K) J. Sworn Statement Under Ordinance No!. 10-1990, Monroe County (Ethics Clause) (Division I, Section L) K. Certification of Nonsegregated Facilities (Division I, Section M) L. Certification regarding Department, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, S~ction 0) Copy of Contractor's license for State o~ Florida Bidder's Statement on Insurance (Divisipn III, Section 140) 1-8 17. MARKING AND MAILING BIDS: Bids, with their guaranties, must be secur~ly sealed addressed and marked an the outside as follayvs: I Manroe County Purchasing Departmen~ 1100 Simonton Street Suite 1-213 Key West, Flarida 33040 in suitable envelopes, HVAC Equipment Replacement Flarida Kevs Marathon Airport Bid Submissian Bids received prior to the time af opening will be securely kept, unapened. The Owner will decide when the specified time has arrived and no, bid received thereafter will be considered. No respansibili y will be attached to, the Owner far the premature opening of a bid nat praperly addressed and identified. Unless specifically authorized, telegraphic bids will n~t be considered but modifications by telegraph of bids already submitted will bS considered if received priar to the haur set for opening. 18. WITHDRAWAL OF BIDS: Bids may be withdrawn an written or telegra~. hic request received from bidders priar to the time fixed far opening. Neglig nce on the part of the bidder in preparing the bid confers no right for the wit drawal of the bid after it has been apened. 19. BIDDERS PRESENT: At the time fixed for the opening of the bids, th~ir contents will be made public for the information of bidders and ather prapedy interested parties who, may be present either in person or by representation. 20. BIDDERS INTERESTED IN MORE THAN ON~: If more than one bid for each contract is offef' ed by anyone party, by ar in the name of his or their clerk, partner or other per on, all such bids may be rejected. A party who has quoted prices on materials to, bidders is not thereby disqualified fram quoting prices to other bidders or fronl submitting a bid directly for the materials of work. 21. ERRORS IN BID: I I I Bidders or their authorized agents are expect~d to examine the maps, drawings, 1-9 specifications and all other instructions pertaiping to the work, which will be open to their inspection. Failure to do so will be at ~he bidder's own risk and he cannot secure relief on the plea of error in the bid. n case of error in the extension of prices, the unit price will govern. 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out hejein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are p esented to him for signature. 23. COLLUSION: If there is any reason for believing that collusi~n exists among the bidders, any or all proposals may be rejected and those pa~icipating in such collusion may be barred from submitting bids on the same or ot~er work. 24. SUBLETTING OR ASSIGNING OF CONTRA~: (a) Limitations: The Contractor s~all not sublet, assign, transfer, convey, sell or otherwise dispose of apy portion of the contract, his right, title or interest therein, or his power I to execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construe8 to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special prpvisions and with the assistance of workmen under his immediate supelrintendence and reported on his payroll, all contract work of a value notlless than fifty percent (500/0) of the total contract amount, except that any ,tems designated in the contract as "Specialty Items" may be performe~ by subcontract. They may be deducted from the total contract amourt before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcohtractor shall be recognized only in the capacity of an employee or agent Qf the contractor and the Contractor will be responsible to the Owner fot all of the subcontractor's work, including failures or omissions and hi$ removal may be required by the Engineer, as in the case of any employ~e. 25. PERMITS: The County permit fees for the project are 0.00, which shall be an expense of the Contractor. The county cautions bidder that the contractor shall also be responsible for the permit fees of any state r federal agency having permitting 1-10 jurisdiction over the project, including but not Ilimited to, the ACE, DNR, and DER. 26. PRE-SUBMITTALS: I Pre-submittal of data on various equiPment,jf required in the proposal, shall be made by the bidder and approval obtained fr m the Engineer. This approved list shall be the actual equipment used in the! construction of this project if the contract is awarded on the bid. 27. SHOP DRAWINGS: Shop drawings will be reviewed by the En ineer for general conformance in accordance with the contract documents. T e Contractor shall check all shop drawings in detail and stamp with his approva prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from th, requirements of the contract documents. . 28. FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Flori~a Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of qompliance with the requirements of the Florida Trench Safety Act and shall also pomplete and properly execute the bidder's Affidavit in compliance with the provlsions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 29. SCHEDULE OF WORK: Contractor shall coordinate work items that rtlay overlap with other work being performed by other contractors. Each bidder !shall take this into account and no provision for re-mobilization or re-negotiation for time delay can be made. Depending on the bids received, certain !quantities may be increased or decreased and no provision shall be made Ifor re-negotiation (see Division I, General Provisions, Section 40, for further information). 30. PROJECT FUNDING: Work included in this proiect will be paid by fu~ds from Monroe County. 31. DISADVANTAGED BUSINESS ENTERPRI~ES (DBE) SUBCONTRACTOR GOALS: I There are N/A DBE subcontractor goals for the FAA funding projects on this contract. Should any DBE subcontractors be used on this contract, the 1-11 subcontractor's name, address, type of work ~. erformed and subcontract amount shall be reported as part of the project close out documentation submitted with the information requested in Special Provi ion No.1, Section 25, "Project Documentation" . 32. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on he convicted vendor list following a conviction for public entity crime may not suijmit a bid on a contract to provide any goods or services to a public entity, may dot submit a bid on a contract with a public entity for the construction or repair of al public entity, may not be awarded or perform work as a contractor, supplier, sujbcontractor, or consultant under a contract with any public entity, and may not~ransact business with any public entity in excess of the threshold amount p vided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a p riod of 36 months from the date of being placed on the convicted vendor list. 33. DISADVANTAGED BUSINESS ENTERPRIS~ (DBE) POLICY and OBLIGATION: (N/A) DBE POLICY: It is the policy of the Florida IDepartment of Transportation that disadvantaged business enterprises as defin* in 49 CFR Part 26, as amended, have the maximum opportunity to participat in the performance of contracts financed in whole or in part with Depa ment funds contract. The DBE requirements of 49 CFR Part 26, as amended,1 apply to this contract. DBE OBLIGATION: Monroe County and it$ contractors agree to ensure that Disadvantaged Business Enterprises as defin~d in 49 CFR Part 26, as amended, have the maximum opportunity to participate ih the performance of contracts. In this regard, all contractors shall take all n cessary and reasonable steps in accordance with 49 CFR Part 26, as amende ,to ensure that the Disadvantaged Business Enterprises have the maximum opp rtunity to compete for and perform contracts. Grantees, recipients and their contr ctors shall not discriminate on the basis of race, color, national origin or sex n the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Prqgram statements and certification shall be fully completed and submitted as! required by Section 150 of the specifications. This form is provided in Divisioh I, Bid Documents, Section I. 34. EQUAL EMPLOYMENT OPPORTUNITY: In fonnection with the carrying out of this project, the contractor shall not discrirjninate against any employee or applicant for employment because of race, !ge, creed, color, sex or national origin. The contractor will take affirmative ac ion to ensure that applicants are employed, and that employees are treated du ing employment, without regard to their race, age, creed, color, sex, or national, origin. Such action shall include, 1-12 but not be limited to, the following: Employme t upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff r termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw mate ials. 35. CERTIFICATION OF NONSEGREGATED ACILITIES: The Certification of Nonsegregated Facilities as required by Se ion 120, shall be completed and submitted with the bid proposal. This fortn is provided in Division I, Bid Documents, Section M. 1-13 SECTION C I PROPOSAL AND SCHEDULEIOF BID ITEMS Contract BID TO: Monroe County Purchasing Departme~t 1100 Simonton Street I Suite 1-213 Key West, Florida 33040 BID FROM: W/EL.\7/{/5,eT/2;OL M&./tU-T(:jV~t= ca~~ 7250 ~E 4r~ 4t/c- UI4A.// / h ~'/3 tQ , Submitted (Date): IvI;.j/C.c/-l~ II; 200f The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all condition$ pertaining to the place where the work is to be done; that he has examined the plans land specifications for the work and contractual documents relative thereto, and has Iread all bid documents, Contract Documents, General Provisions, Special Provision~ and Specifications furnished; and that he has satisfied himself relative to the work to b~ performed. The Bidder proposes and agrees, if this proposa1 is accepted, to contract with the Monroe County Board of Commissioners, in the for of contract specified, to furnish all necessary materials, equipment, machinery, tools, pparatus, means of transportation and labor necessary to and to complete the construe ion of: HV AC Eauioment Reolacement Florida Kevs Marathon Airoort Monroe County, Florida in full and complete accordance with the shown,! noted, described and reasonably intended requirements of the plans, specifications~' nd contract documents to the full and entire satisfaction of the Monroe County Boar of Commissioners, with a definite understanding that no money will be allowed for e tra work except a set forth in the attached Contract Documents for the unit prices list d opposite each item. 1-14 The Contractor shall complete the Schedule of Val es included as Attachment "A". The Schedule shall be added and the final total base bid amount will be: $ -ao,.e HUb~tJj Dollars It is agreed that the description under each item, be ng briefly stated, implies, although it does not mention, all incidentals and that the pri s stated are intended to cover all such work, materials and incidentals as constitute idder's obligations as described in the specifications and any details not specifically entioned, but evidently included in the contract shall be compensated for in the item w ich most logically includes it. The quantities for bid items listed on the attaChe~ Schedule of Bid Item sheets are estimated quantities only for the purpose of comp ring bids. Any difference between these estimated quantities and actual quantities r quired for construction will not be allowed as basis for claims by the Contractor for ext a compensation. Compensation will be based on the unit prices and actual constructiorl quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the Gene~al Provisions. The bidder further proposes and agrees herebYf, to commence the work with an adequate force, plant and equipment at the time st ted in the notice to the Contractor from the Owner to proceed and fully complete perfo mance within the time period stated in the Instructions to Bidders from and after the date, stated in the Notice-to-Proceed. The undersigned further agrees that in case of fail~re on his part to execute the said contract and the bond within ten (10) consecutivel calendar days after written notice being given of the award of the contract. the ch$ck or bid bond in the amount as specified herein accompanying this bid and the mories payable thereon, shall be paid into the funds of the Monroe County Board of Comniissioners as liquidated damages for such failure; otherwise, the check or bid bond ac~ompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pa~ under this Contract, is contingent upon an annual appropriation by the SOCC. Attached hereto is a certified check on the Bank of. the sum of dollars ($ made payable to the Monroe County Soard of Com issioners. or a bid bond for ) Checkmarks \/ /1 have included Division I which entails the ~roposal forms. t/./' Schedule of Bid Items (Attachment "A"). I :;/ Bid Bond The Drug-Free Workplace form. 1-15 V Prime f)idder's Qualifications: V/ List of major contracts in past 1 0 ~ears ;;" ~List of equipment and plant availa~,... Ie for this project , Copy of latest financial statement i V / Disclosure of Lobby Activities ~--v7" Acknowledgement of Receipt of Addendu~ ' Bidder's Affidavit in Compliance with Florid Trench Safety Act , Swom Statement Pursuant to Section 287.,., 33(3)(a), Florida Statutes, on Public Entity Crimes . v Sworn Statement Under Ordinance NO.1 011990 ;/' Certification of Non-segregated Facilities . Certification Regarding Debarment, suspe~sion, Ineligibility, and Voluntary / Exclusion - 49 CFR Part 29 . V Copy of Bidder's License for State of Florid~, evidence of competency and . / e~idence of financial responsibility \ BIdder's Statement on Insurance (Checkmark items above as a reminder that thev ar$ included.) Mailing Address: 7;/50 J/~ t,t;~ A"t~ UI4U/ Pt- ~3r3' S Phone Number: 30'1-'- 708 :-/OP'O (~~~ ~'(JA?6Z 1/. /lc;~5' (Name) t;( ;z., ~/t- ~~ /!30S/~v6~f" (Title) Signed: ---- Date: ..J~II-e?er Witness: (Seal) 1-16 ATTACHMENT" A" SCHEDULE OF BID TEMS HVAC EQUIPMENT REP. ACEMENT BIDDER NAME: IL/ a ~ T/..,t ~ /<..7/ZC)L ,U/J;~ "EA//7A./4:f- Co~ AIRPORT NAME: FLORIDA KEYS MARATHON AIRPORT PROJECT DESCRIPTION: HVAC EQUIPMENT REPLACEMENT SPEC ESTIMATED UNIT PRICE EXTENDED ITEM No. ITEM DESCRIPTION l NIT QUANTITY IN TOTAL NUMBERS Mobilization ! AT I 1 P-101-3.1 Dolla rs ~s 1 I'll, 7ft AND \ I Cents I 80-ton Air Cooled Chiller ! AT ! 2 Dollars I-S 1 i 9~~b AND Cents 5 HP Chilled Water Pump I AT 3 Dollars ~S 1 I 1~~7 AND Cents (2 Units) 40-ton Air Handler AT 4 Dolla rs i+S 1 I 197, ~/~ AND Cents i (8) VAV Units with Electric Heat and DOC I Controls AT V 5 Dollars LS 1 J ~ !3 00 AND I I Cents i Complete DCC Control System for entire I HVAC system, including (2) AHU's, (8) VAV units, VFDs, chilled water pumps, Chiller, and Software installed on owners computer. 6 AT L~ 1 ~. r4zoyt" Dollars AND Cents I 1-17 BIDDER NAME: tV e //7Rt"/L 7~L ~ "A'/~t50~ Co~ AI RF'ORT HAM E: FLORIDA KEYS MARATHON AIRPORT PROJ EeT OES CRI PTION: H\lAC EgUIPMENT REPLACEMENT SPEC ESTIMATED UNIT PRICE EXTENDEO ITEM No. ITEM DESCRIPTION UIIT QUANTITY IN TOTAL NUMBERS Miscellaneous Duct and Piping. All duct and chilled water piping located in each air handler room shall be removed Bnd replaced. All chilled waler piping In Chiller Building shall be replaced. No chilled water piping 1 below grade is to be replaced. L~ .1/ ?'OD 1 I AT Dollars AND Cents Remove Cooling Tower AT Dollars L4 I~ 8 1 t 3/ Ot'L) AND Cents , Remove Chiller AT 9 Dollars L~ 1 I &,...-,(.00 AND CentS i Remove (2) Air Handlers AT f 10 Collars LSI 1 ?&/O AND Cents i Temporary COOling: The Contractor shall maintain aIr conditioning during demolition and construction of this project for lhe entire tenninal building. Temporary cooling shall be , provided to match the capacity of the existing ,t 11 HVAC system, 8Q tons if I"8quired. 1'1; Of){) LS 1 AT Dollars AND Cents i TOT At BASE BID ITEMS 1 THROUGH 11 $ 'It?,17 (/ : ! 1-18 I . d Xl:::l.:f 1~l~3Sl:::ll dH i Wl:::lBO:II 6002 LI ~ew BIDDER NAME: LVc/J7/:.,IE~7~L ~4~7L-V4~U: Co ,;t!.~ AIRPORT NAME: FLORIDA KEYS MARATHON AIRPORT I PROJECT DESCRIPTION: HV AC EQUIPMENT REPLACEMENT SPEC I UNIT PRICE ITEM ITEM DESCRIPTION IUNIT ESTIMATED IN EXTENDED No. I QUANTITY NUMBERS TOTAL Contractor shall warranty labor, materials, 1 and equipment for a periOd of five (5) years ;; from completion of the first year guarantee CI>> required in Contract Documents. 1; 12 E AT LS I 1 :J I~ &:.OL; .! Dollars I <( "0 AND iii Cents --, $ ~~- boc. TOTAL BID ALTERNATE #1 , 5-Year Maintenance I Service Contract on entire HV AC system. This shall consist of four (4) visits per year that provide routine maintenance and inspection procedures on N each piece of equipment. The contractor shall ,., .! submit list of proposed procedures with bid. III All additional service calls shall be based on a c: II? tJCO 13 ... time and material basis. ilS 1 .! <( "0 AT iii Dollars AND Cents TOTAL BID AL TERNA TE #2 $/qCJQ; Total Base Bid............................................ $ 1./231 7/1 , Total Bid Alternate No. 1............................$ 11; 4c:Jtt:; , Total Bid Alternate No.2............................ $ 1t:!J, /!Jt::J 0 Total Base Bid + Total Bid Alternate NO.1 + Total Bid Alternate NO.2.. ...... .......... ............... ................ .......... ................... $ tlt&/llr Note: The Board of County Commissioners of Mor!1roe County reserves the right to reject any and all alternates in the best interest of the County. 1-19 SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we: WEA THERTROL MAINTENANCE CORP. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMP NY OF AMERICA a corporation duly organized under the laws of the State of Florid , as Surety, hereinafter called the Surety, are held and' firmly bound unto the Monroe County Board of Commissjoners as Obligee, hereinafter called the Obligee, in the sum f: FIVE PERCENT OF THE AMOUNT BID dollars ($5%----------------------------------------- ), for the p yment of which sum well and truly to be made, the said Principal and the said Surety ind oursE!lves, our heirs, executors, administrators, successors and assigns, jointly and everally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: HVAC Eauipment Reolacement F'orida Keys Marathon Airport Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in a,ccordance with the te ms of such bid and give such bond or bonds as may be specified in the bidding or ontract Documents with good and sufficient surety for the faithful performance of uch contract and for the prompt payment of labor and material furnished in the pros cution thereof, or in the event of the failure of the Principal to enter such contract an give such bond or bonds, if the Principal shall pay to the Obligee the difference ~not to exceed the penalty hereof between the amount specified in said bid and such arger amount for which the Obligee may in good faith contract with another party to pe orm the work covered by said bid, then this obligation shall be null and void, othelWise ,to remain in full force and effect. PROVIDED further, that if thE~ PrinCipal shall submi the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE goals as s t forth in the bid specifications, then Principal shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet such goal in the n,anner and within the time required in such specifications. Failure to supply such information as required shall result in a forfeiture of this bid bond in the same anner and to the same degree as though Obligee had accepted Principal's bid an Principal had thereafter failed or refused to enter into the contract with Obligee as 5 t forth in the immediately preceding paragraph. 1-20 I i I Signed and sealed this 12TH _ day of MARCH I .}IJ2L... I " I ..,"/ ~, THERl;R,OL MA])lTENANCE CORP. (~CiPa"ll ! J," ", ' (Seal) ,/ ll-~1 ' .' ~- (~ (Witness) i i l ~) L,',t-' 71'. ~ -1 '-_/ ..../c'-it-e:-- J,r.j it ( : ~ERS CASUALTY AND SURETY COMPANY OF AMERICA (Su , ty) (Seal) ( Itness) counterSim\~ JOHN w. CHARL ~~ By: TON, ATTORNEY-IN-FACT All bonds must be signed by a Florida resident ag,nt with a legal street address; Post Office boxes are not acceptable. Bid will not be Iconsidered unless the bid bond is signed by both Principal and Surety. 1-21 R e c e ; 1/ e dT i m e Mar. 1 O. 11: 4 9 AM SECTION E I DRUG-FREE WORKP4CE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: W/E. /}7/...fc:-4LT/l.L)L, ~1:1/V7e~41./CE Co?fY1 (Name of Business) 1. Publish a statement notifying employee$ that the unlawful manufacture, distribution, dispensing, possession or use ot a controlled substance is prohibited in the workplace and specifying the actions ~hat will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers ~f drug abuse in the workplace, the business' policy of maintaining a drug-fr$e workplace, any available drug counseling, rehabilitation and employee asslistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providirlg the commodities or contractual services that are under bid a copy of the stat4ment specified in Sub-section (1). 4. In the statement specified in Sub-Section ~1), notify the employees that as a condition of working on the commodities or I contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guiltj' or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any cqntrolled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Irnpose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if su~h is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I cerltify that this firm complies fully with the above requirements. Bidder's Signature Date: J -//-07 1-22 SECTION F I I PRIME BIDDER'S QUALIfiCATIONS I In order to determine if persons submitting bids artresponsible, each contractor shall furnish with his bid the following completed infor ation, and signed statements on "evidence of competency" and "evidence of fin ncial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: tuc/JT~6A-T~L A44/.;l/TEV~~~':::' cr~/.7 2. Business Address: 7?5'O /1/6 I dr# Art.....:. U/4~~ ~b ?3/36 3. Telephone Number: 3tJJ-- 9'06 --,{OOD 4. When Organized: 5. ~/7/J?€ t?r i~~o KZ/t:14 I Where Incorporated: 6. A list of the person's shareholder with five (5) Ipercent or more of the stock or, if a general partnership, a list of the general partn~rs; or if a limited liability company, a list of its members. C'4.~OS' ifJP~../4 I /pp j0 7. A list of the officers and directors of the person; ~~-- ~ L/:;T 8. The number of years the person has been op$rating and, if different, the number of years it has been providing the services, gdods, or construction services called for in the Bid. 4~ YE4/l-5, 9. The number of years the person has operated under its present name and any prior names. 4tCJ Yt:?/.1t'l-~ 10. How many years have you been engaged in !the contracting business under the present firm name? 40 Y~A~5 11. What is the type of co struction work in whichl you are principally engaged? /7't/AC ~Lt/~41//l/G 12. On separate sheet list major contracts in past i1 0 years. -:;) e G -L/? On separate sheet list equipment and plant a~ailable for this project. :7l.:?': _ L / S T 13. 14. Enclose a copy of latest Financial Statement. 1 15. Credit Available for this Contract: $ 8/ (J 0 O,t)Ql'b y 1-23 l 16. 17. Contracts now in hand, Gross Amount: $ I ~/l./ 5 Y5~ t ff.. =-~ Have you ever refused to sign a contract at y~ur original bid? ,Alo 18. On separate sheet, list the last five (5) pr~jects over $500,000 on which the contractor has worked, and telephone numbers. :5cc c..r::; 7 19. Answers to the following questions regarding Iclaims and suits: a. Has the person ever failed to complbte work or provide the goods for which it has contracted? (If yes, provid~ details.) ~./o Are there any judgments, claims, arbjtration proceeding or suits pending or outstanding against the person, od its officers or general partners? (If yes, provide details.) NO Has the person, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contrac~ for services, goods or construction services similar to those requested inl the specifications? (If yes, provide details) NO Has the person ever initiated litigation lagainst the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide ~etails) NO Whether, within the last five (5) y~ars, an officer, general partner, controlling shareholder or major creditor of the person was an officer, general partner, controlling sharehol~er or major creditor of any other entity that failed to perform services! or furnish goods similar to those sought in the request for bids. ~D Customer references. Credit references. b. c. d. e. f. g. 20. Remarks: (The above statements must be subscribed and sworn tei before a Notary Public.) Date: Firm Name: By: Title: Notary Public: :}-1/-09' "U 78 P/U./CG {)//LGG/~~ O~ 8vS/~' >..$ ~A..,.A7 ~y ,.~ ~ ~r ~ Notary PUb. lie State ot Florida . . Leonardo J Hernandez ,~c . i My CommISSion 00821798 OF F\.fS"~ Expires 09/1 0/2012 1-24 (3) SECTION ~ I DISCLOSURE OF LOBB~ ACTIVITIES i I Certification of Contracts.. Grants.. Loansl and Cooperative Agreements The undersigned certifies, to the best of his or her *nowledge and belief, that: (1 ) No Federal appropriated funds have been ~aid or will be paid by or on behalf of the undersigned to any person for influencinQ or attempting to influence an officer or employee of any agency, a member of eongress, an officer or employee of Congress or an employee of a member ~f Congress in connection with the awarding of any Federal contract, the maki~g of any Federal Grant, the making of any Federal loan, the entering into of a~y cooperative agreements and the extension, continuation, renewal, amendm~nt or modification of any Federal contract, Grant, loan or cooperative agreem~nt. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an offjcer or employee of Congress or an employee of a member of Congress in cohnection with this Federal contract, Grant, loan, or cooperative agreement, thle undersigned shall complete and submit Standard Form-LLL, "Disclosure of Uobby Activities", in accordance with its instructions. The undersigned shall require that the langu,ge of this certification be included in the award documents for all sub-awards at ,II tiers (including subcontracts, sub- grants and contracts under Grants, loans a~d cooperative agreements) and that all sub-recipients shall certify and disclose aqcordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaqtion imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the req~ired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated: 3 - II -0 9' Contractor's Authorized Representativ 1-25 SECTION H I ACKNOWLEDGMENT OF RECElrT OF ADDENDUM I Addendum I Signature Date No. / I / ~L~/#~. gG If)-p? (/ i I i I 1-26 SECTION I DISADVANTAGED BUSINESS EN ERPRISE PROGRAM THIS SECTION IS NOT A 1-27 " 't SECTION J BIDDER'S AFFIDAVIT IN CO PLIANCE WITH FLORIDA TRENCH SA ETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) ) 55 COUNTY OF r..1@tJROE ) O..o;/J L:: BEFORE ME, the undersig~d authority, personallylappeared te dA4cL 'V. /205"~ I I who, being duly sworn, deposes and says as fOllow~: , I I That he is the duly authorized representative of ~ tv.5 ,;J T/fI c /t....7/(..6 c- P.d I' ,0 76 A "UC tE. C~/d (Name of Bidder), i O/~E6r~~ (J~ eQ:;/~-~.f (Owner) (Partner) (President or othe Corporate Officer) and as such, has full authority to execute this Bidde~'s Affidavit. being its 1. The full legal name and business address ofl the person or entity submitting this bid: t.o6;':Jr/.fe k:?-7/UJL ~A/~ 72 ~4'{/C:C:: C'o~ 7 PSo /UE t#'r/~ A vc= I U/4~( ,'- ~L- ~.3/36 I 2. By submission of this bid and subseque t execution of this Contract, the undersigned bidder certifies that as succe sful bidder (Contractor) all trench excavation done within his control (by his 0 n forces or by his subcontractors) shall be accomplished in strict adherence wi h OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included i the various items listed in the Schedule of Prices Bid and in the Total Amo nt Bid are costs for complying with 1-28 the Florida Trench Safety Act (Sections 5~ 3.60-553.64, Florida Statutes). The bidder further identifies the costs to be sumn arized below: Trench Safety Measure Unit of Unit Unit Extended (Descriptionj Measure Quantity Cost Cost (LF, SY) A No7 .It ~~4/ C:.o eJ. ~- B /l.;' ~ 7/2.tE)Uc /~E!.~ /U 7~ r.: I /J/lt:}"",e ICh ..... C D I TOTAL: $ Signature of Authorized Representative. ~~ /)1/2.~::;GT~ ~~ ~t1.r//L/&~ Title )-//- 07 Date STATE OF FLORIDA COUNTY OF: 1'f4vVJIOdE:... The foregoing instrument was acklJ.QYJledged befor~ me this 1/ day of ~4-h , 20 ol:!, by D.. CA..6 / ~C> s..s I (Sole, Corporation or Part ership) who is personallv known to me or who has produce<jj as Identification and ~ did/1id not take an oath. Florida at Large) ~oNc::.,':Z-do T /~Ma.A/~ z.... (Print name of Notary Public) My Commission Expires O~/IO/.20J2.. 1-29 SECTION K SWORN STATEMENT PURSUANT TeJ SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLJIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. I L~788qif, 00000 for !7VAG cCJ)v/,ttJ,uEvT /CE~l4~E~EA.J 2. This sworn statement is submitted by WE4T#c-7e.T~L. (name of entity submitting sworn statement) whose business address is 7250 ~E d7~ At/G /l//4/IW//,cL. p3/3tj and (if applicable) its Federal Employer Iden~ification Number (FEIN) is: . L~-'?- /z~ 2/09 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is R A~4~ V. Ie ()>~ my (please print name of individual signing) and relationship to the entity named above is /)//l..GCW~ ~p (3O.)/A./G9; 4. I understand that a "public entity crime", as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactilon of business with any public entity or with an agency or politica! subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. I understand that "convicted" or "conviction", as defined in Paragraph 287.133(1 )(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 1-30 6. I understand that an "affiliate", as defined in Paragraph 287.133(1 )(a), Florida Statutes, means: a. A predecessor or successor ofa person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a contrQlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person", as defined in Paragraph 287.133(1 )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ~Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. __The entity submitting this sworn state!ment or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) __There has been a proceeding concerning the conviction before a Hearing 1-31 Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) __The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) __The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: ~#~ ~ P t/t6-'C7C;Jd.. ~~ ~ l?,r /A../e-~$ Title .1- //-cJ ? Date STATE OF FLORIDA COUNTY OF: 1~w11 Oa.oi The foregoing instrument was acknowledged before me this 9r. r,. ~ I f20b~ ~_, -- (Sole, Corporation or Partnership) who is personally known to e or who has produced as identifica Ion an w 0 di /did not take an oath. 1/ day of ~tVJd '>" nCt h\l 4V'::'--':"", uy (Signature of Nota ..J.-e..oA/Gc.ad~ ':/ &.e~CAAJd.e z: (Print name of Notary Public) / My Commission Expires O~- /0 - 2L) '.2.. Notary Public State of Florida Leonardo J Hernandez My Commission 00821798 Expires 09'10/2012 1-32 SECTION L SWORN STATEMENT UNDER ORdiNANCE NO. 10-1990 MONROE COUNTY, 'LORIDA ETHICS CLAUSE tvELJ77-1E/GTA!O{ ,uA/A/re/U/'l,f.JcE ~~4!/0 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, tertninate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. Date: ~ - //-0 ~ STATE OF: ~Lo;:;;ud~ COUNTY OF: ^t~"'VJ1 -.J::b.dc. , PERS..Qt.jALL Y APPEARED BEFORE ME the undersigned authority: b:::'ef'~6. / Qo.s5 who, after first being SWOIi by me, affixed his/her signature (name of individual signing) in the space provid bo e on this II day of /Vf~ d-~'" , 2001. t of Florida at Large) /~avo.~a4 2.. (Signature of Notary ~N'c::42~ J; (Print name of Notary Public) My Commission Expires oc:, -10 -U) I 2 i\~~~ Pt\. Notary PUb. lie State of Flonda . . Leonardo J Hernanoez \::.. .; My CommissIon 00821798 ~o,~'" Expires 09/10/2012 1-33 SECTION M CERTIFICATION OF NONSEGRE~ATED FACILITIES Contract (As Required by Division III, Section 120 Subsection 120-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timelocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment ~reas, transportation, and housing facilities provided for employees which are segreg~ted by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. Si /l,;4/J;~. ~ &~ Title 1-34 SECTION N FEDERAL WAGE DE~ISION Use the latest publication or the attached publication dated 02/08/2008 (for Building) if that is the latest list issued for Monroe County. THIS SECTION IS NOT APPLICABLE 1-35 SECTION 0 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, 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 cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. ~/-A'~~~~~ Signature of Contractor Title 1-36 CONTRACT SECTION A SECTION B SECTION C SECTION 0 DIVISION II CONTRACT - PUBLIC CONSTRUCTION BOND ............................................................11-2 - CERTIFICATE OF OWNER'S ATTORNEY (N/A) .....................................11-4 - ACKNOWLEDGMENT FOR CHANGE ORDERS .....................................11-5 - CONTRACT............................................................................................ ..11-6 11-1 BOND NO. 105188859 SECTION A PUBLIC CONSTRUCTIO~BOND By this Bond, We WEATHERTROL MAINTENANCE CORP. ,as Principal, whose principal business address is 7250 NE 4TH AVENUE, MIAMI, FL 33138 , as ** corporation. as Surety, are bound to Monroe County hereinafter called County. in the sum of U.S. Dollars $466,111.00------- (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs. personal representatives, successors. and assigns, jointly and severally. -TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA THE CONDITION OF THIS BOND is that if Principal: 1 . Performs the contract dated I 2009 between Principal and County for construction of HVAC Eauioment Replacement. the Contract being made a part of this Bond by refenence, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes. supplying Pnncipal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract. which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, casts and attorneys fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is vold~ otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Dated on MARCH 27, 2009 11-2 WEATHERTROL MAINTENANCE CORP. ~..--- CAte co.s 13t7K':I1J PRINCIPAL: Address: 7250 N.E. 4TH AVENUE, SURETY: TRAVELERS CASUALTY AND SURETY COMPANY 0 By: MIAMI, FL 33318 Address: 2420 LAKEMOUNT AVENUE, 4TH FL. ORLANDO, FL 32814 Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05. Florida Statutes. 11..3 SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED 11-4 SECTION C ACKNOWLEDGMENT FOR CHA~GE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: HVAC EauiDment ReDlacement Florida Kevs Marathon AirDort Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. rE-f'lANC~ Cor:zF By: ,/ I I { Title: 11-5 SECTION D CONTRACT TO HVAC Eauipment Replapement Florida Keys Marathon Airport THIS AGREEMENT made and entered into the J. (r{1-..day of flflj I d-06 <1 by and between lVt:'IJ 7Jj~llr~tJLI'1A IIv)f::fV 4 tJC-l.? Co~r Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: HV AC Eauioment Reolacement Florida Kevs Marathon Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within sixty (60) calendar days from the Notice- to-Proceed (Construction) as per Special Provision No.2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: {,) .:, / . ..&; , 6-c-~eLJ rrt:;, Approximate(Y'~L)/lIlUlUoIlt315IY PI '7' V' T;k)I,ISA-vPt:JU~#()lv/)/UiI:J Dollars ($ 4 ~(p, 111~C)o ) in accordance with lump sum and unit prices set forth in the proposal. I -.---..----~-Qf_I-Gt-gef.Qfe-tt:}e_1_S_t.f:l-da.y-of-.eacb-caJ.eodaLmO.ntb.,..lb.e-5.e.c.oru:Lp.art.}LshalLma.k_e partial payment to the Contractor on the basiS of a duly certified and approved estimate of work perlormed during the pr$ceding calendar month by the Contractor, less ten percent (100/0) of the amount of such estimate which is to be 11-6 ft& retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No.3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principals 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, Florida Statutes, running from the date the monies were paid to Contractor. 11-7 ~ 9. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, I~ers 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. 10. HOLD HARMLESS AND INSURANCE: CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any an all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COU NTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11 . NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this __~reement 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 11-8 N1 12. 13. shall any Agreement entered into by the COU TV be required to contain any provision for waiver. NO PLEDGE OF CREDIT: CONTRACTOR hall not pledge the COUNTY'S credit or make it a guarantor of payment 0 surety for any contract, debt, obligation, judgment, lien, or any form--ofindeb edness. CONTRACTOR further warrants and represents that it has no obliga ion or indebtedness that would impair its ability to fulfill the terms of this contrac . NOTICE REQUIREMENT: Any notice re~uired or permitted under this agreement shall be in writing and hand deliver d or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY (FILL IN) Mo~ (let\. CU..J....Jrt A1mir1,i~t~r , I 00 5, It)c.N To,~ ~T Key West, Florida 33041 FOR CONTRACTOR: I CA ~ Lo..5 80 t/l..:r.c' j Pe~; oc/.../ r WE/.) 17J E12 rl2.OL MAt "",, C..o~f i ,.zSO N~ 4- 141.J~, rlv({A~( I C'- "3?138 14. GOVERNING LAW VENUE INTERPRETAT ON: This Agreement shall be governed by and construed in accordance wit the laws of the State of Florida applicable to Agreements made and to be perf rmed entirely in the State. In the event that any cause of action or administrativ proceeding is instituted for the enforcement or interpretation of this A reement, the COUNTY and CONTRACTOR agree that venue will lie in th appropriate court or before the appropriate administrative body in Monroe COU TY. Florida. 15. MEDIATION: The COUNTY and CONTRAC OR 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 m diation prior to the institution of any other administrative or legal proceeding. M diation proceedings initiated and conducted pursuant to this Agreement shalf b in accordance with the Florida Rules of Civil Procedure and usual and custo ary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term. covenant, conditi n or provision of this Agreement (or the application thereof to any circumstan e or person) shall be declared invalid or unenforceable to any extent by a c urt of competent jurisdiction, the remaining terms, covenants, conditions and pr visions of this Agreement. shall noLhe_af[e_ctacLJheI..eb.y.~ncLe.aC.tLLe.maLoio _ _t.e_(ffi.---C.Q'Jen.ant._c_on..d.itipJJ_ao.d____ provision of this Agreement shall be valid and hall be enforceable to the fullest extent permitted by law unless the enforc ment of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the 11-9 ~ 19. 20. 21. 22. accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreemen to replace any stricken provision with a valid provision that comes as close as p ssible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: COUNTY nd CONTRACTOR agree that in the event any cause of action or administ tive proceeding is initiated or defended by any party relative to the enfor ement or interpretation of this Agreement, the prevailing party shall be entitl d to reasonable attorney's fees and attorney's fees. in appellate proceedings. ach party agrees to pay its own court costs, investigative, and out-of-pocket ex enses whether it is the prevailing party or not, through afllevels of the court syste . 18. ADJUDICATION OF DISPUTES OR DISA REEMENTS: COUNTY and CONTRACTOR agree that all disputes and dis greements shall be attempted to be resolved by meet and confer sessions be een representatives of each of COUNTY and CONTRACTOR. If no resolutio can be agreed upon within 30 days after the first meet and confer sessio , the issue or issues shall be discussed at a public meeting of the Board 0 County Commissioners. If the issue or issues are still not resolved to th satisfaction of COU NTY and CONTRACTOR, then any party shall have the r ght to seek such relief or remedy as may be provided by this Agreement or by Flo ida law. I COOPERATION: In the event any administratjv or regal proceeding is instituted against either party relating to the formation. e ecution, performance, or breach of this Agreement, COUNTY and CONTRAC OR agree to participate, to the extent required by the other party, in all pr ceedings, hearings, processes, meetings, and other activities related to the ubstance of this Agreement or provision of the services under this Agreement COUNTY and CONTRACTOR specifically agree that no party to this Agreem nt shalf be required to enter into any arbitration proceedings related to this Agree ent. I BINDING EFFECT: The terms, covenants, ctnditions, and provisions of this Agreement shall bind and inure to the benefit f COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. AUTHORITY: Each party represents and arrants to the other that the execution, delivery and performance of thi Agreement have been duly authorized by all necessary County and corpora e action, as required by law. PRIVILEGES AND IMMUNITIES: All of the rivileges and immunities from liability, exemptions from laws, ordinances, an rules and pensions and relief, disability. workers' compensation, and other ben fits which apply to the activity of officers, agents, or employees of any publi agents or employees of the COUNTY, when performing their respective unctions under this Agreement within the territorial limits of the COUNTY shal apply to the same degree and 11-10 ~ extent to the performance of such functions a d duties of such officers, agents, volunteers, or employees outside the territorial I mits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILI IES: This Agreement is not intended to, nor shall it be construed as, relie ing any participating entity from any obligation or responsibility imposed upon the entltyby law except to the extent of actual and timely performance ther of by any participating entity, in which case the performance may be offered i satisfaction of the obligation or responsibility. Further, this Agreement is ot intended to, nor shall it be construed as, authorizing the delegation of the onstitutional or statutory duties of the COUNTY, except to the extent permitted y the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No pers n or entity shall be entitled to rely upon the terms, or any of them, of this Agr ement to enforce or attempt to enforce any third-party claim or entitlement 0 or benefit of any .service or program contemplated hereunder. and the C UNTY and the CONTRACTOR agree that neither the COUNTY nor the CaNT CTOR or any agent, officer, or employee of either shall have the authority 0 inform, counsel, or otherwise indicate that any particular individual or grou of individuals, entity or entities, have entitlements or benefits under this Agree ent separate and apart, inferior to, or superior to the community in general or or the purposes contemplated in this Agreement. I 25. NO PERSONAL LIABiliTY: No covenant or greement contained herein shall be deemed to be a covenant or agreement f any member, officer. agent or employee of Monroe County in his or her indi idual capacity, and no member, officer, agent or employee of Monroe County hall be liable personally on this Agreement or be subject to any personal liabil ty or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agr ement may be executed in any number of counterparts, each of which shall e regarded as an original, all of which taken together shall constitute one and t e same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 11-11 ~ By: IN WITNESS WHEREOF the parties hereto have xecuted this agreement on the day and date first above written in two (2) counterparts, ach of which shall, without proof or accounting for the other counterpart, be deemed an original contract. WEll TJ.Jt/? TRoL k}AI)../TcA/.4/JCc co.ep. eo""' e R. fie. fA. e.111- (Contractor) (Monroe, 0 nty Board of Commissioners) oj-- . By: . ~~ nolAc. e.d- Title:1 /Vf to. V. D'" / c'h a.; ....... 4 V1 ! I ! C.AtftO.f J. Bt1R..w President* WITNESS~_ Title: WIT ESS: STATE OF FLORIDA COUNTY OF ~LcA2.1d'Q Ivf,t:tWlJ -.t?Mc. - I, the undersjgned authority, a Notary Public in an certify that eo.. -:z los .::r. Bo~/C\ whose signed to the foregoing instrument and who is kno on this day that being informed of the contents capacity as such, executed the same voluntarily on t Given under my 30 day of for said County and State hereby ame as ~ .....~~Nr of _ Is n to me, acknowledged before me the within instrument, he, in his e date the same bears date. ,200~ . Notary Public * Who is authorized by the corporation to execute thi1 contract. ! ~ 0 C:) J> ~~ ("") % ::or-% ~''''''''''""",''''' r''1 ...,."~.,, ~~ S~~.: 8n';X ~;;S?2 ~n::C ...( -of)> :q. C'> r rn I ::c ~ N co -" - .- ,.." o .." o :=0 :I ~ (') -:: Q ~ ~ 11-12 GENERAL PRO'iISIONS SECTION 10 SECTION 20 SECTION 30 SECTION 40 SECTION 50 SECTION 60 SECTION 70 SECTION 80 SECTION 90 SECTION 100 SECTION 110 SECTION 120 SECTION 130 SECTION 140 SECTION 150 DIVISION III GENERAL PROVIS ONS - DEFINITION OF TERMS ............... ......................................................... 111-2 - PROPOSAL REQUIREMENTS AND CONDITIONS................................ 11I-8 - AWARD AND EXECUTION OF C NTRACT ........................................ 11I-12 - SCOPE OF WORK..................... ...~...... .......................... ................... .... 111-14 - CONTROL OF WORK.... ............... j...... ...... ............ ............................... 11I-19 I - CONTROL OF MATERIALS .......... ....................................................... 11I-27 - LEGAL RELATIONS AND RESPO SIBILlTY TO PUBLIC .................. 111-31 - PROSECUTION AND PROGRESS ....................................................... 111-44 - MEASUREM ENT AND PAYMENT ....................................................... III-51 - CONTRACTOR QUALITY CONTR L PROGRAM (N/A)......................1II-59 - METHOD OF ESTIMATING PERC NTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS ( WL) (N/A)..................................... 11I-60 - CONSTRUCTION CONTRACT CL USES AIRPORT IMPROVEMENT PROGRAM (N/A) ...................................................... 11I-61 - SAFETY AND HEALTH REGULAT ONS FOR CONSTRUCTION ........11I-62 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONT ACTORS....................................... 11I-63 - DISADVANTAGED BUSINESS ENtERPRISE PROGRAM (N/A) ........ 11I-71 111-1 DIVISION III - GENERAL P OVISIONS SECTION 10 DEFINITION OF TE MS Whenever the following terms are used in these sp cifications, in the Contract, in any documents or other instruments pertaining to cons ruction where these specifications govern, the intent and meaning shall be interpreted a follows: 10-01 AASHTO. The American Association of tate Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcemen , as required by local law, inviting bids for work to be performed and materials to be fur ished. 10-04 ADDENDUM. A modification of the plans or 0 her Contract documents issued by the Engineer and distributed to prospective bidders p ior to the opening of the proposal. 10-05 AlP. The Airport Improvement Program, a gr nt-in-aid program, administered by the Federal Aviation Administration. I 10-06 ADVISORY CIRCULAR. A document issued y the FAA containing informational material and guidance, when referred to in the dr wings (Plans) and Specifications, advisory circulars shall have the same force as suppl mental Specifications. 10-07 AIR OPERATIONS AREA. For the purpose f these specifications, the term air operations area shall mean any area of the airport u ed or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, a d contiguous safety areas. An air operation area shall include such paved or unpaved reas that are used or intended to be used for the landing, takeoff, or surface maneu ering or aircraft, and contiguous safety areas that are used or intended to be used or the unobstructed movement of aircraft in addition to its associated runway, taxiway, r apron. 10-08 AIRPORT. Airport means an area of land or ater which is used or intended to be used for the landing and takeoff of aircraft, and in ludes its buildings and facilities, if any. 10-09 ASTM. The American Society for Testing and aterials. 10-10 AWARD. The acceptance, by the owner, of th successful bidder's proposal. 111-2 10-11 BID BOND (PROPOSAL GUARANTY). Th security furnished with a proposal to guarantee that the bidder will enter into a contra t if his proposal is accepted by the Owner. 10-12 BIDDER. Any individual, partnership, firm or corporation, acting directly or through a duly authorized representative, who ubmits a proposal for the work contemplated. 10-13 BUILDING AREA. An area on the airport to e used, considered, or intended to be used for airport buildings or other airport facilitie or rights-of-way together with all airport buildings and facilities located thereon. 10-14 CALENDAR DAY. Every day shown on the c lendar. 1 0-15 CERTIFICATES OF COMPLIANCES. Writt n statements by the manufacturer stating the material furnished is in conformance with he Specifications. 10-16 CHANGE ORDER. A written order to the ontractor covering changes in the plans, specifications, or proposal quantities and est blishing the basis of payment and contract time adjustment, if any, for the work affec ed by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-17 CONTRACT. The written agreement coveri g the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; T e Payment Bond; any required insurance certificates; The Specifications; The PI ns, and any addenda issued to bidders. 10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Pr posal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor nd Materials Bond; any required insurance certificates; the General and Special Provi ions; the Technical Specifications; the Plans; any addenda issued to Bidders; and a y Change Orders issued to the Contractor. 10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-20 CONTRACT TIME. The number of calendar ays or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the propo ai, in lieu of a number of calendar or working days, the contract shall be completed by that date. 111-3 10-21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contract d and for the payment of all legal debts pertaining to the work who acts directly or thr ugh lawful agents or employees to complete the contract work. 10-22 DRAINAGE SYSTEM. The system of pipe , ditches, and structures by which surface or subsurface waters are collected and cond cted from the airport area. 10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineeri g supervision of the contract work and acting directly or through an authorized represen ative. 10-24 EQUIPMENT. All machinery, together with he necessary supplies for upkeep and maintenance, and also all tools and app ratus necessary for the proper construction and acceptable completion of the work. 10-25 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplementa agreement, but which is found by the Engineer to be necessary to complete the wor within the intended scope of the contract as previously modified. 10-26 FAA. The Federal Aviation Administra ion of the U.S. Department of Transportation. When used to designate a person, F shall mean the Administrator or his/her duly authorized representative. 10-27 FOOT. The State of Florida Department of Tra 10-28 FEDERAL SPECIFICATIONS. The Federal pecifications and Standards, and supplements, amendments, and indices thereto are p epared and issued by the General Services Administration of the Federal Government. 10-29 INSPECTOR. An authorized representative f the Engineer assigned to make all necessary inspections and/or tests of the work p rformed or being performed, or of the materials furnished or being furnished by the Con ractor. 10-30 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordere ," "designated," "prescribed," or words of the like import are used, it shall be underst od that the direction, requirement, permission, order, designation, or prescription of the ngineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," r words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of anum ered paragraph of the contract specifications or a cited standard shall be interpreted 0 include all general requirements of the entire section, specification item, or cited stan ard that may be pertinent to such 111-4 specific reference. 1 0-31 LABORATORY. The official testing labor ories of the owner or such other laboratories as may be designated by the Engineer. 10-32 LIGHTING. A system of fixtures providing 0 controlling the light sources used on or near the airport or within the airport buildin s. The field lighting includes all luminous signals, markers, floodlights, and illumin ting devices used on or near the airport or to aid in the operation of aircraft landing t, taking off from, or taxiing on the airport surface. 10-33 MAJOR AND MINOR CONTRACT ITEMS. major contract item shall be any item that is listed in the proposal, the total cost of hich is equal to or greater than 20 percent of the total amount of the award contract. II other items shall be considered minor contract items. 1 0-34 MATERIALS. Any substance specified for us in the construction of the contract work. 10-35 MIL SPECIFICATIONS. The Military Specifi ations and Standard, and indices thereto, that are prepared and issued by the Departm nt of Defense. 10-36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If app icable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 OWNER (SPONSOR). The term owner Shall mean the party of the first part or the contracting agency signatory to the contract. F r AlP contracts, the term sponsor shall have the same meaning as the term owner. I 10-38 PAVEMENT. The combined surface course, ~ase course, and subbase course, if any, considered as a single unit. I I 10-39 PAYMENT BOND. The approved form of s curity furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-40 PERFORMANCE BOND. The approved f rm of security furnished by the Contractor and his/her surety as a guaranty that the ontractor will complete the work in accordance with the terms of the contract. 10-41 PLANS. The official drawings or exact repr ductions which show the location, character, dimensions and details of the airport and t e work to be done and which are to be considered as a part of the contract, supplemen ary to the specifications. 111-5 10-42 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work an furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-44 PROPOSAL GUARANTY. The security furn shed with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 1 0-45 RUNWAY. The area on the airport prepa ed for the landing and takeoff of aircraft. 10-46 SPECIAL PROVISIONS. The specific cI uses setting forth conditions or requirements peculiar to the project under consid ration, covering work or material involved in the proposal and estimate, which ar not thoroughly or satisfactorily stipulated in these Specifications. 10-47 SPECIFICATIONS. A part of the contract c ntaining the written directions and requirements for completing the contract work. St ndards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physical y. 10-48 SPONSOR. Shall mean the same as Owner. 10-49 SUBCONTRACTOR. Any individual, partne ship or corporation supplying the Contractor with labor, materials, and supplies, use directly or indirectly by the said Contractor or subcontractor in the prosecution of the ork. 10-50 STRUCTURES. Airport facilities such as bri ges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewe lines; water lines; underdrains; electrical ducts, manholes, hand holes, lighting fixture and bases; transformers; flexible and rigid pavements; navigational aids; buildings; va Its; and, other manmade features of the airport that may be encountered in the work an not otherwise classified herein. 10-51 SUBGRADE. The soil which forms the pavem nt foundation. I i 10-52 SUPERINTENDENT. The Contractor's exec~ive representative who is present on the work during progress, authorized to receiv and fulfill instructions from the Engineer, and who shall supervise and direct the con truction. 1 0-53 SUPPLEMENTAL AGREEMENT. A written greement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope f the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 111-6 10-54 SURETY. The corporation, partnership, or i dividual, other than the Contractor, executing payment or performance bonds which re furnished to the owner by the Contractor. 10-55 TAXIWAY. For the purpose of this docu ent, the term taxiway means the portion of the air operations area of an airport that as been designated by competent airport authority for movement of aircraft to and fr m the airport's runways or aircraft parking areas. 10-56 WORK. The furnishing of all labor, material , tools, equipment, and incidentals necessary or convenient to the Contractor's perfor ance of all duties and obligations imposed by the contract, plans, and specifications. 10-57 WORKING DAY. A working day shall be ny day other than a legal holiday, Saturday, or Sunday on which the normal working fo ces of the Contractor may proceed with regular work for at least 6 hours toward comple ion of the contract. Unless work is suspended for causes beyond the Contractor's ontrol, Saturdays, Sundays and holidays on which the Contractor's forces enga e in regular work, requiring the presence of an inspector, will be considered as worki g days. END OF SECTION 0 111-7 SECTION 20 PROPOSAL REQUIREMENTS A D CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). he owner, or his/her authorized agent, shall publish the advertisement at such place and at such times as are required by local law or ordinances. The published advertise ent shall state the time and place for submitting sealed proposals; a description of t e proposed work; instructions to bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any and all bi s. 20-02 PREQUALIFICA TION OF BIDDERS. Ea h bidder shall furnish the owner satisfactory evidence of his/her competency to pe orm the proposed work. Such evidence of competency, unless otherwise speci ied, shall consist of statements covering the bidder's past experience on similar wor , a list of equipment that would be available for the work, and a list of key personnel th t would be available. In addition, each bidder shall furnish the owner satisfacto evidence of his/her financial responsibility. Such evidence of financial respons bility, unless otherwise specified, shall consist of a confidential statement or report of t e bidder's financial resources and liabilities as of the last calendar year or the Co tractor's last fiscal year. Such statements or reports shall be certified by a public ac ountant. At the time of submitting such financial statements or reports, the bidder s all further certify whether his/her financial responsibility is approximately the same a stated or reported by the public accountant. If the bidder's financial responsibility ha changed, the bidder shall qualify the public accountant's statement or report to refle t his/her (bidder's) true financial condition at the time such qualified statement or repo is submitted to the owner. Unless otherwise specified, a bidder may submit evi ence that he is prequalified with the State Highway Division and is on the current" bi der's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial resp nsibility in lieu of the certified statements or reports hereinbefore specified. and "evidence of financial 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 111-8 20-04 ISSUANCE OF PROPOSAL FORMS. The wner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalificat on regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, II bills due for labor and materials on former contracts in force (with the wner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous cont cts with the owner. D. Unsatisfactory work on previous contra ts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROP SAL QUANTITIES. An estimate of quantities of work to be done and materials to be f rnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly there ith; nor shall the bidder plead misunderstanding or deception because of such stimates of quantities, or of the character, location, or other conditions pertainin to the work. Payment to the Contractor will be made only for the actual quantiti s of work performed or materials furnished in accordance with the plans and specifi ations. It is understood that the quantities may be increased or decreased as her inafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS SPECIFICATI NS AND SITE. The bidder is expected to carefully examine the site of the pr posed work, the proposal, plans specifications, and contract forms. He shall satisfy imself as to the character, quality, and quantities of work to be performed, material to be furnished, and as to the requirements of the proposed contract. The submi sion of a proposal shall be prima facie evidence that the bidder has made such exa ination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investi ations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or othe ise made available to the bidder, was obtained and is intended for the owner's desi n and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidd r is solely responsible for all assumptions, deductions, or conclusions which he ay make or obtain from his/her 111-9 examination of the boring logs and other records of ubsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidd r shall submit his/her proposal on the forms furnished by the owner. All blank spac s in the proposal forms must be correctly filled in where indicated for each and eve item for which a quantity is given. The bidder shall state the price (written in ink or typ d) both in words and numerals for which he proposes to do each pay item furnished i the proposal. In case of conflict between words and numerals, the words, unless obv ously incorrect, shall govern. The bidder shall sign his/her proposal correctly and i ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of ea h member of the partnership must be shown. If made by a corporation, the person igning the proposal shall give the name of the state under the laws of which the corpo tion was chartered and the name, titles, and business address of the president, secr tary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. following reasons: II be considered irregular for the A. If the proposal is on a form other than t at furnished by the owner, or if the owner's form is altered, or if any part of he proposal form is detached. B. If there are unauthorized additions, co ditional or alternate pay items, or irregularities of any kind which make t e proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit rice for each pay item listed in the proposal, except in the case of authori ed alternate pay items, for which the bidder is not required to furnish a u it price. D. If the proposal contains unit prices that re obviously unbalanced. E. If the proposal is not accompanied by he proposal guaranty specified by the owner. The owner reserves the right to reject any irregula proposal and the right to waive technicalities if such waiver is in the best interest 0 the owner and conforms to local laws and ordinances pertaining to the letting of constr ction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in th amount specified in the proposal form. Such check, or collateral, shall be made payabl to the owner. 111-10 20-10 DELIVERY OF PROPOSAL. Each propo al submitted shall be placed in a sealed envelope plainly marked with the project nu ber, location of airport, and name and business address of the bidder on the outsid . When sent by mail, preferably registered, the sealed proposal, marked as indicate above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specif ed for opening all bids. Proposals received after the bid opening time shall be returned 0 the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPO ALS. A bidder may withdraw or revise (by withdrawal of one proposal and submissi n of another) a proposal provided that the bidder's request for withdrawal is receiv d by the owner in writing or by telegram before the time specified for opening bi s. Revised proposals must be received at the place specified in the advertisem nt before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Pro osals shall be opened, and read, publicly at the time and place specified in the advert sement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or re eived after the time specified for opening bids shall be returned to the bidder unopene 20-13 DISQUALIFICATION OF BIDDERS. A bidd r shall be considered disqualified for any of the following reasons: B. Evidence of collusion among bidder. Bidders participating in such collusion shall be disqualified as bidder for any future work of the owner until any such participating bidder has een reinstated by the owner as a qualified bidder. A. Submitting more than one proposal fr m the same partnership, firm, or corporation under the same or different ame. C. If the bidder is considered to be in "def ult" for any reason specified in the subsection titled ISSUANCE OF PROP SAL FORMS of this section. END OF SECTION 0 111-11 SECTION 30 AWARD AND EXECUTION 0 CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the ummation of the products obtained by multiplying the estimated quantities shown in the roposal by the unit bid prices. If a bidder's proposal contains a discrepancy between nit bid prices written in words and unit bid prices written in numbers, the unit price writt n in words shall govern. Until the award of a contract is made, the owner re erves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as s ecified in the subsection titled IRREGULAR PROPOSALS of Section O. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION F BIDDERS of Section 20. In addition, until the award of a contract is made, th owner reserves the right to reject any or all proposals, waive technicalities, if such w iver is in the best interest of the owner and is in conformance with applicable st te and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such action shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a c ntract, if it is to be awarded, shall be made within 90 calendar days of the date specif ed for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the 0 nero . 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return f proposal guaranty, at any time before a contract has been fully executed by all parti s and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All roposal guaranties, except those of the two lowest bidders, will be returned immedi tely after the owner has made a comparison of bids as hereinbefore specified in the s bsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranti s of the two lowest bidders will be retained by the owner until such time as an aw rd is made, at which time, the unsuccessful bidder's proposal guaranty will be re urned. The successful bidder's proposal guaranty will be returned as soon as the 0 ner receives the contracts bonds 111-12 as specified in the subsection titled REQUIREMEN S OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the ower a surety bond or bonds which have been fully executed by the bidder and the sure y guaranteeing the performance of the work and the payment of all legal debts that ay be incurred by reason of the Contractor's performance of the work. The surety nd the form of the bond or bonds shall be acceptable to the owner. Unless otherwi e specified in this subsection, the surety bond or bonds shall be in a sum equal to the f II amount of the contract. 30-06 EXECUTION OF CONTRACT. The succes ful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRAC BONDS of this section, within 15 calendar days from the date mailed or otherwise de ivered to the successful bidder. If the contract is mailed, special handling is recommen ed. 30-07 APPROVAL OF CONTRACT. Upon receipt f the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery f the fully executed contract to the Contractor shall constitute the owner's approval to b bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. F ilure of the successful bidder to execute the contract and furnish an acceptable s rety bond or bonds within the 15 calendar day period specified in the subsect on titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just c use for cancellation of the award and forfeiture of the proposal guaranty, not as a pe alty, but as liquidation of damages to the owner. END OF SECTION 0 111-13 SECTION 40 SCOPE OF WORIK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. The Contractor is advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performange and payment bonds. 111-14 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of 111-15 identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 111-16 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, S. Remove such material from the site, upon written approval of the Engineer; or C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., S., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., S., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., S., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site 111-17 and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 111-18 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term" reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. 111-19 For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For AlP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT. PLANS. AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and citedFAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate he work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. 111-20 When separate contracts are let within the limits of anyone project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 111-21 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 111-22 to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been 111-23 satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to be defective or not in 111-24 accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed by law. 50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: 1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. 2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS on the form furnished by the Engineer. 3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT on the form furnished by the Engineer. 4. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. 5. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. 6. If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. 7. In addition to the above, the Contractor shaU provide all documents required in Special Provision No.1, Section 25. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation. The conditions shown on tlhe drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table 111-25 variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50-21 TERMINATION OF CONTRACTOR'S RESPONSIBiliTY. The Contract will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. END OF SECTION 50 111-26 SECTION 60 CONTROL OF MATE~IALS 60-01 SOURCE OF SUPPLY AND QUALITY REQPIREMENTS. The materials used on the work shall conform to the requirements of the. contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATIONS EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER 60-02 SAMPLES. TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the 111-27 owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests willi be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed" or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: 111-28 A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at alii reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testingl laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 111-29 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos-based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner- furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 111-30 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS. LICENSES. AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES. MATERIALS. AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: Owner (Utility or Other Facility) Location (See Plan Sheet No.) Person to Contact (Name, Title, Address and Phone) Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility " 1-31 service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and 111-32 vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. 111-33 The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall 111-34 restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries (including death) or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act, II or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create in the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: Phase or Description Required Date or Sequence of Owner1s Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. 111-35 No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-15 CONTRACTOR'S RESPONSIBiliTY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense. If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBiliTY FOR UTiliTY SERVICE AND FACiliTIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the 111-36 owners are indicated as follows: Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. 111-37 Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of I" -38 the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control and methods of operations which shall be accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at anyone time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the 111-39 area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. I. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. b. All burning shall conform to the conditions of the permit, except that the 111-40 conditions herein shall apply if they are more restrictive. c. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1 ,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire-fighting equipment and tools readily available. (3) Control of Other air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. c. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. 111-4 1 g. Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. h. Applications of chemicals and bitumens shall be held to recommended rates. I. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. J. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no 111-42 modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Sub-contractors entered into pursuant to this Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 111-43 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. ... 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AlP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 111-44 80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AI R OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AI R OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AI R OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY 80-06 CHARACTER OF WORKERS. METHODS. AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet the requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. 111-45 When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or 111-46 deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly 111-47 statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time 111-48 (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed ," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work In an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the 111-49 I Contractor's surety as to the reasons for considerin6 the Contractor in default and the owner's intentions to terminate the contract. r If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner wi I, upon written notification from the Engineer of the facts of such delay, neglect, or de ult and the Contractor's failure to comply with such notice, have full power and author ty without violating the contract, to take the prosecution of the work out of the hands f the Contractor. The owner may appropriate or use any or all materials and equipme t that have been mobilized for use in the work and are acceptable and may enter into n agreement for the completion of said contract according to the terms and provisions hereof, or use such other methods as in the opinion of the Engineer will be required fo the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, toget~er with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the suml which would have been payable under the contract, then the Contractor and the surtty shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGE CIES. The owner shall terminate the contract or portion thereof by written notice whe the Contractor is prevented from proceeding with the construction contract as a direct Iresult of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminatf' d before completion of all items of work in the contract, payment will be made for the ctual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticip ted profits shall be considered. I Reimbursement for organization of the work, and ottr overhead expenses, (when not otherwise included in the contract) and moving equip ent and materials to and from the job will be considered, the intent being that an equi able settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Cqntractor for the work and that are not incorporated in the work shall, at the option of t e Contractor, be purchased from the Contractor at actual cost as shown by receipted b lis and actual cost records at such points of delivery as may be designated by the Engin er. Termination of the contract or a portion thereof shal neither relieve the Contractor of his/her responsibilities for the completed work nor s all it relieve his/her surety of its obligation for and concerning any just claim arising au of the work performed. END OF SECTION 8 III-50 SECTION 90 MEASUREMENT AND AYMENT I I I 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authoriked representatives, using United States Customary Units of Measurement or the Inter~ational System of Units. The method of measurement and computations I to be used in determination of quantities of material furnished and of work perform~d under the contract will be those methods generally recognized as conforming to goo~ engineering practice. Unless otherwise specified, longitudinal measurem~nts for area computations will be made horizontally, and no deductions will be made fpr individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) dr less. Unless otherwise specified, transverse measurements for area computations wil~ be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines $hown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items whic~ are measured by the linear foot such as electrical ducts, conduits, pipe culverts, und~rdrains, and similar items shall be measured parallel to the base or foundation upon whkh such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used! in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, ahd metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting! of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or I proportioned by weights shall be weighed on accurate, approved scales by competemt, qualified personnel at locations designed by the Engineer. If material is shipped by r~il, the car weight may be accepted provided that only the actual weight of material be ~aid for. However, car weights will not be acceptable for material to be passed through ~ixing plants. Trucks used to haul material being paid for by weight shall be weighed I empty daily at such times as the Engineer directs, and each truck shall bear a plainly I$gible identification mark. I Materials to be measured by volume in the hauling v hicle shall be hauled in approved vehicles and measured therein at the point of delive y. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and a curately determined. All vehicles III-51 I shall be loaded to at least their water level capacity, land all loads shall be leveled when the vehicles arrive at the point of delivery. I When requested by the Contractor and approved y the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic met rs) for payment purposes. Factors for conversion from weight measurement to volume easurement will be determined by the Engineer and shall be agreed to by the C ntractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the galltn (liter) or ton (kilogram). When measured by volume, such volumes will be measure at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM 0 1250 for asphalts or ASTM 0 633 for tars. Net certified scale weights or weights based on c~rtified volumes in the case of rail shipments will be used as a basis of measurerinent, subject to correction when bituminous material has been lost from the car or t~e distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck orl transport, net certified weights by volume, subject to correction for loss or foaming, mat be used for computing quantities. Cement will be measured by the ton (kilogram) or hU~dredweight (kilogram). Timber will be measured by the thousand feet bpard measure (M.F.B.M.) actually incorporated in the structure. Measurement will ~e based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of paYlment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effec~, "lump sum" work) is specified as the unit ~f measurement, the unit will be construed tp include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within i the limits of the work. Special equipment ordered by the Engineer in connection i with force account work will be measured as agreed in the change order or supple~ental agreement authorizing such force account work as provided in the subsection ti~led PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. ' When standard manufactured items are specified uch as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are iden ified by gage, unit weight, section dimensions, etc., such identification will be consi ered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, III-52 manufacturing tolerances established by the industri s involved will be accepted. Scales for weighing materials which are required t be proportioned or measured and paid for by weight shall be furnished, erected, and aintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent 0 the correct weight throughout the range of use. The Contractor shall have the scale checked under the observation of the inspector before beginning work and at sue other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 p rcent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipm~nt shall be so arranged that the operator and the inspector can safely and conveniently view them. I Scale installations shall have available ten standard ~O-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weight$ and devices for other approved equipment. Scales must be tested for accuracy and serviced bbfore use at a new site. Platform scales shall be installed and maintained with the pl,tform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correft weight) will not be permitted to operate, and all materials received subsequent to t~e last previous correct weighting- accuracy test will be reduced by the percentage o~ error in excess of one-half of 1 percent. In the event inspection reveals the scales have bee~i "underweighing" (indicating less than correct weight), they shall be adjusted, an no additional payment to the Contractor will be allowed for materials previously weghed and recorded. All costs in connection with furnishing, installing, qertifying, testing, and maintaining scales; for furnishing check weights and scale house;1 and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various ite~s of the project. I I When the estimated quantities for a specific portion f the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of s ch work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. III-53 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furni hing all materials, for performing all work under the contract in a complete and accept ble manner, and for all risk, loss, damage, or expense of whatever character arising ut of the nature of the work or the prosecution thereof, subject to the provisions of th subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a tech~ical specification requires that the contract price (price bid) include compensation for ~ertain work or material essential to the item, this same work or material will not also b~ measured for payment under any other contract item which may appear elsew~ere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QU NTITIES. When the accepted quantities of work vary from the quantities in the pr posal, the Contractor shall accept as payment in full, so far as contract items are c ncerned, payment at the original contract price for the accepted quantities of work ac ually completed and accepted. No allowance, except as provided for in the subsecti . n titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made f~r any increased expense, loss of expected reimbursement, or loss of anticipated Rrofits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit amorlg the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As ,specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall Have the right to omit from the work (order nonperformance) any contract item, except r major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance qf a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or pelivered on the work prior to the date of the Engineer's order will be paid for at the act~al cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the p~rpose of performing the omitted contract item prior to the date of the Engineer's order~ Such additional costs incurred by the Contractor must be directly related to the de~eted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE CCOUNT WORK. Extra work, III-54 performed in accordance with the subsection titled XTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra w rk. When the change order or supplemental agreement authorizing the extra wor requires that it be done by force account, such force account shall be measured an paid for based on expended labor, equipment, and materials plus a negotiated and a reed upon allowance for overhead and profit. A. B. C. Miscellaneous. No additional allo~ance will be made for general superintendence, the use of small tpols, or other costs for which no specific allowance is herein provided. I i Comparison of Record. The contrac~r and the Engineer shall compare records of the cost of force accou t work at the end of each day. Agreement shall be indicated by si nature of the Contractor and the Engineer or their duly authorized repre, entatives. Statement. No payment will be ma~e for work performed on a force account basis until the Contractor Ihas furnished the Engineer with duplicate itemized statements of the I cost of such force account work detailed as follows: 1) Name, classification, date, d~ily hours, total hours, rate and extension for each laborer and f~reman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machi~ery and equipment. 3) 4) 5) Quantities of materials, prices, a~d extensions. Transportation of materials. Cost of property damage, liabllity and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by la receipted invoice for all materials used and transportation charges. However, if materi~ls used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the q antity claimed was actually used, and that the price and transportation claimed r present the actual cost to the Contractor. III-55 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be bas d upon estimates prepared by the Engineer of the value of the work performed an materials complete in place in accordance with the contract, plans, and specifica ions. Such partial payments may also include the delivered actual cost of those aterials stockpiled and stored in accordance with the subsection titled PAYMENT F R MATERIALS ON HAND of this section. No partial payment will be made when the amoun, due the Contractor since the last estimate amounts to less than five hundred dollars. i From the total of the amount determined to be paya~le on a partial payment, 10 percent of such total amount will be deducted and retained ~y the owner until the final payment is made, except as may be provided (at the Contraqtor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this sectionf The balance (90 percent) of the amount payable, less all previous payments, shall b~ certified for payment. Should the Contractor exercise his/her option, as provided in t e subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 perc nt retainage shall be deducted. When not less than 95 percent of the work has be~n completed the Engineer may, at his/her discretion and with the consent of the suret , prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to b~ done. The remainder, less all previous payments and deductions, will then be certi~ied for payment to the Contractor. It is understood and agreed that the Contractor s~all not be entitled to demand or receive partial payment based on quantities of work I in excess of those provided in the proposal or covered by approved change orders orl supplemental agreements, except when such excess quantities have been determined Iby the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the accelptance of any materials or~ work in place as to quality or quantity. All partial payments ~re subject to correction at the time , , of final payment as provided in the subsection ~itled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incor orated in the work, provided that such materials meet the requirements of the contrac , plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the folio ing conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. III-56 The Contractor has furnished the Engi eer with satisfactory evidence that the material and transportation costs h ve been paid. The Contractor has furnished the ~wner legal title (free of liens or encumbrances of any kind) to the matelrial so stored or stockpiled. i The Contractor has furnished the ojer evidence that the material so stored or stockpiled is insured gainst loss by damage to or disappearance of such materials at an I ime prior to use in the work. It is understood and agreed that the transfer of titl~. and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such aterials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for ma~erials on hand exceed the contract price for such materials or the contract price for the cpntract item in which the material is intended to be used. B. The Contractor has furnished the En ineer with acceptable evidence of the quantity and quality of such stored r stockpiled materials. C. D. E. No partial payment will be made for stored or st~ckpiled living or perishable plant materials. . The Contractor shall bear all costs associated wit~ the partial payment of stored or stockpiled materials in accordance with the provision$ of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At th~ Contractor's option, he/she may request that the owner accept (in lieu of the 10 per ent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. B. C. D. The Contractor shall bear all expenses lof establishing and maintaining an escrow account and escrow agreement lacceptable to the owner. The Contractor shall deposit to and m intain in such escrow only those securities or bank certificates of depo it as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial paym nt. The Contractor shall enter into an esc~ow agreement satisfactory to the owner. The Contractor shall obtain the written consent of the surety to such agreement. " I-57 90-09 ACCEPTANCE AND FINAL PAYMENT. hen the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prep re the final estimate of the items of work actually performed. The Contractor shall appr ve the Engineer's final estimate or advise the Engineer of his/her objections to the inal estimate which are based on disputes in measurements or computations of the f nal quantities to be paid under the contract as amended by change order or suppleme tal agreement. The Contractor and the Engineer shall resolve all disputes (if any) in th measurement and computation of final quantities to be paid within 30 calendar day~ of the Contractor's receipt of the Engineer's final estimate. If, after such 3D-day I period, a dispute still exists, the Contractor may approve the Engineer's estimate lunder protest of the quantities in dispute, and such disputed quantities shall be con idered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. I After the Contractor has approved, or approved ~nder protest, the Engineer's final estimate, final payment will be processed based 0 the entire sum, or the undisputed sum in case of approval under protest, determine to be due the Contractor less all previous payments and all amounts to be deducted nder the provisions of the contract. All prior partial estimates and payments shall be! subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional co pensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon fi al adjudication of such claims, any additional payment determined to be due the Co tractor will be paid pursuant to a supplemental final estimate. END OF SECTION ~O III-58 SECTION 100 CONTRACTOR QUALITY CON ROL PROGRAM THIS SECTION IS NOT A PLICABLE III-59 SECTION 110 METHOD OF ESTIMATING PE CENTAGE OF MATERIAL WITHIN SPECIFICATI N LIMITS (PWL) THIS SECTION IS NOT A PLICABLE 111-60 SECTION 120 CONSTRUCTION CONTRA T CLAUSES AIRPORT IMPROVEMENT, PROGRAM THIS SECTION IS NOT A+PLlCABLE 111-61 I SECTION 130 SAFETY AND HEALTH REGULATIONr FOR CONSTRUCTION The Contractor shall comply with the oepartmfnt of Labor Safety and Health Regulations for construction promulgated under the ccupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of th Contract Work Hours and Safety Standards Act (PL91-54). I I I The Contractor alone shall be responsible for the sal'ety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, main enance or operations. The Contractor will be required to comply with the I~est edition of Advisory Circular No. 150/5370-2E "Operational Safety on Airports Duri g Construction". In addition, the Contractor will be required to comply with all afety and Security Requirements stipulated in the Contractor's Safety and Security Re uirements stated on Plans. I END OF SECTION 130 111-62 SECTION 140 GENERAL INSURANCE REQU REMENTS FOR CONTRACTORSANDSUB ONTRACTORS Prior to the commencement of work governed by thi contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, w ich are made part of this contract. The Contractor will also ensure that the insurance 0 tained will extend protection to all subcontractors engaged by the Contractor. As a alternative, the Contractor may require all subcontractors to obtain insurance consist nt with the attached schedules. The Contractor will not be permitted to commenc1 work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Count as specified below. Delays in the commencement of work resulting from the fail~e of the Contractor to provide satisfactory evidence of the required insurance shal not extend deadlines specified in this contract and any penalties and failure to perfor assessments shall be imposed as if the work commenced on the specified date andl time, except for the Contractor's failure to provide satisfactory evidence. . The Contractor shall maintain the required insuranc throughout the entire term of this contract and any extensions specified in any attac ed schedules. Failure to comply with this provision may result in the immediate susp nsion of all work until the required insurance has been reinstated or replaced. Dela s in the completion of the work resulting from the failure of the Contractor to mainta n the required insurance shall not extend deadlines specified in this contract and an penalties and failure to perform assessments shall be imposed as if the work had n. t been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as sati~factory evidence of the required insurance either: Certificate of Insurance, or i A certified copy of the actual insurance ~olicy. The County, at its sole option, has the right to req~est a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are rot subject to cancellation, non- renewal, material change or reduction in coverage un~ess a minimum of thirty (30) days' prior notification is given to the County by the insurer. . The acceptance and/or approval of the Contractor's i surance shall not be construed as relieving the Contractor from any liability or obligatio assumed under this contract or imposed by law. 111-63 The Monroe County Board of County Commissioner , its employees and officials will be included as "Additional Insureds" on all policies, exc pt for Workers' Compensation. In addition, the County will be named as an Addition I Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requi ments must be requested in writing on the County prepared form entitled "Reque t for Waiver of Insurance Requirements" and approved by Monroe County's R sk Manager. I i To assist in the development of your proposal, the in surance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each Jroposal. WORKERS' COMPENSATION & EM PLOYER'S LIABILITY Workers' Compensation ~ tatutory Limits WC1 Employer's Liability S 100,000/$500,000/$100,000 WC2 Employer's Liability S 500,000/$500,000/$500,000 WC3 X Employer's Liability ~ 1 ,000,000/$1 ,000,000/$1 ,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act ~ ame as Employer's Liability WCJA Federal Jones Act ~ ame as Employer's Liability i GENERAL LIABIL4ITY i As a minimum, the required general liability coverag~s will include: - Premises Operations - Pro ucts and Completed Operations - Blanket Contractual - Per onal injury . - Expanded Definition of Property Damage I i Required Limits: GL 1 $100,000/person; $300,000/occurr ence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurr ence $ 50,000 property damage or $500,000 combined single limit 111-64 $ 500,OOO/person; $1,OOO,OOO/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limite d Required Endorsement: GLXCU GLLlQ Underground, Explosion & Collap~ e (XCU) Liquor Liability All endorsements are required to have the same limii s as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for" - Owned, Non-owned and hired vehicles Required Limits: VLI $ 50,000/person; $100,OOO/occurr~nce $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occur ence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,OOO/person; $1 ,OOO,OOO/oc(~urrence $ 100,000 property damage or I $1,000,000 combined single limit I I VL4 $5,000,000 combined single limit I 111-65 MISCELLANEOUS COY ERAGES BR1 Builders' Risk Limits EqL al to the risk completed project BR2 Builders' Risk Limits EqL al to the risk completed project MVC Motor Truck Cargo Limits EqL al to the max. value of anyone shipment PR01 Professional Liability $25 D,OOO/occurrence PR02 $50 J,OOO/occurrence PR03 $1,( OO,OOO/occurrence POL1 Pollution Liability $50 J,OOO/occurrence POL2 $1,( OO,OOO/occurrence POL3 $5,( OO,OOO/occurrence ED1 Employee $10 000 ED2 Dishonesty $10 ),000 GK1 Garage $30 ),000 ($25,OOO/vehicle) GK2 Keepers $50 ),000 ($1 OO,OOO/vehicle) GK3 $1,C 00,000 ($250,OOO/vehicle) MED1 Medical $50 ),000/$1,000,000 Agg. MED2 Professional $1,C 00,000/$3,000,000 Agg. MED3 $5,0 00,000/$10,000,000 Agg. IF Installation Floater Max . Value of Equip. Installed VLP1 Hazardous $301 ,000 (Requires MCS-90) VLP2 Cargo $50( ,000 (Requires MCS-90) VLP3 Transporter $1,0 00,000 (Requires MCS-90) BLL Bailee Liability Max value of property HKL 1 Hangarkeepers' Liability $30( ,000 HKL2 $50( ,000 HKL3 $1,0 JO,OOO AIR1 Aircraft Liability $25, JOO,OOO AIR2 $1,0 JO,OOO AIR3 $1,0 DO,OOO AE01 Architects' Errors & Omissions $25C ,OOO/occu rrence/$500, 000 Agg. AE02 $50C ,000/occurrence/$1 ,000,000 Agg. AE03 $1,0 JO,OOO/occurrence/$3,OOO,OOO Agg. 111-66 !N's ~ ,,,~_7'= ",,' A G ;;:~~$ ~ :). "T"E,~,'Yr- : ha::~ :C:-fi~w~d ~ J.l,-c~ ~i.lin::1'lcn~ 'J.T~ ~-:c ~S;;;7.1Ce: ~~e.i j..,:;Cw ~-.: f..;J<,)".~:,' ::-:~:.l..:~:",~~ :?!J1y ~ ~'lC .:o~Cn:mb yoU<=:". ~..:;,~_.~..~. r- 3: ~ener-a :fj- . '~'. "I a:. 1"-"" '-- ~~..I........... t:-m-brella k~ ~uluobile L..~~mt:;- po~cj~ ~""C X ~~~i -:: ",.. 61 :S~[_iC7E :'~2 ~5I"Ce-o-P-r-cS-peft y Dc: ~'-e-;-oe-o----Re-re-h~ i O!1 $11 (JrfO-Comp/$-rt oooe.: C.::li::~ M~t" flUe ~t ~~e: ~1-b .LU f t. L~. WORKERS' COMPEN ATION INSURANCE REQUIR MENTS FOR CONTRACT BETWEEN MONROE COUNTY, F ORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: I i $1,000,000 Bodily Injury by Accident i $1,000,000 Bodily Injury by Disease, policy limits I $1,000,000 Bodily Injury by Disease, each employ,e I Coverage shall be maintained throughout the entire term qf the contract. Coverage shall be provided by a company or companies futhorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1 as assigned by the A.M. Best Company. , I i If the Contractor has been approved by the Florida Depa~ment of Labor as an authorized self- insurer, the County shall recognize and honor the Contra tor's status. The Contractor may be required to submit a Letter of Authorization issued by the epartment of Labor and a Certificate of Insurance providing details on the Contractor's Excess I surance Program. If the Contractor participates in a self-insurance fund, a C~rtificate of Insurance will be required. In addition, the Contractor may be required to submit upda~ed financial statements from the fund upon request from the County. 111-68 GENERAL LIABI ITY INSURANCE REQUIR MENTS FOR CONTRACT BETWEEN MONROE COUNTY, F ORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintai ed throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage be: An Occurrence Form policy is preferred. If coverage is rovided on a Claims Made policy, its provisions should include coverage for claims filed on or fter the effective date of this contract. In addition, the period for which claims may be reported hould extend for a minimum of twelve (12) months following the acceptance of work by the Coun y. The Monroe County Board of County Commissioners sh II be named as Additional Insured on all policies issued to satisfy the above requirements. 111-69 VEHICLE LIABIL TV INSURANCE REQUIR MENTS FOR CONTRACT BETWEEN t MONROE COUNTY, F ORIDA AND I Recognizing that the work governed by this contrac requires the use of vehicles, the Contractor, prior to the commencement of work sha I obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable dhall be: I $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners Shl11 be named as Additional Insured on all policies issued to satisfy the above requirements. 111-70 SECTION 150 DISADVANTAGED BUSINESS EN ERPRISE PROGRAM THIS SECTION IS NOT A PLICABLE 111-71 SPECIAL PRO\'ISIONS SP-1 SP-2 SP-3 SP-4 SP-5 SP-6 SP-7 SP-8 SP-9 SP-10 SP-11 DIVISION IV SPECIAL PROVISI NS - PROJECT GENERAL REQUiREMENTS..... .........................................................IV-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING ....... .......................................................IV-23 - CONTRACT TIME AND liQUIDATED DAM GES..............................................IV-25 - PROTECTION OF AIRPORT CABLES, CO TROlS, NAVAIDS AN D WEATHER BUREAU FACiliTIES ...... ....................................................... IV -26 - RESIDENT PROJECT REPRESENTATIVE. .......................................................IV-28 - SAFETY AND SECURITY REQUIREMENT ......................................................IV-29 I - LIST OF DRAWINGS ...:........ ........................)'..................................... .................. IV -34 RESIDENT ENGINEER S (RPR) OFFICE (N A) ..................................................IV-35 I I - TEM PORARY F ACI llTI ES .........................."1"...... ..... .................. ................. ....... IV -36 - DEW A TERI NG (NI A) .................................... ...................................................... IV -41 - PREC EDENCE OF DOCU M E NTS ................ ................... ............... ........ ............ IV -42 SP-12 - FINAL PAY REQUESTS AND RELATED F RMS ..............................................IV-43 IV-1 1. PROJECT GENERAL RE UIREMENTS 2. replace the major co ponents of the HV AC system as a) Contractor shall provide chilled ater system, consisting in the replacement of the existing water cool d chilled water system with an 80 Ton air cooled chiller. The new air coo ed chiller will be located where the existing cooling tower is located. b) Contractor shall provide air handlers, onsisting in the replacement of the existing air handlers with (2) new 40 on variable air volume air handler units with variable frequency drives. rovide (8) new zone dampers and (8) duct mounted electric heaters to eplace the abandoned condenser water reheat coils. Terminal variable air volume units with electric heating coils could be used in lieu of the zone ampers and electric duct heaters if space permits. New DOC controls wil be provided for the air handlers, valves, zone dampers, heaters, etc. c) Contractor shall close off the area of th louvers not required by the air handlers for fresh air and air conditio ing. The new air handlers will also be ducted to the louvers so no nconditioned outside air enters the room. d) Contractor shall provide five (5) yea s warranty and five (5) years maintenance, as part of the bid alternat s. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provisi n NO.2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within sixty (6 ) calendar days as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract a e listed in Special Provision NO.7. IV-2 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision NO.4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel threaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. The project layout surveying may be accomplished during daylight hours provided the Contractor meets the following conditions: A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48) hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway 7-25 or within 73' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and hand tools will be allowed within 125' of Runway 7-25 centerline, at the turn arounds and TIW' s connectors. D. Survey party members shall be equipped with hand-held radios and shall continuously monitor the UNICOM and airline radio frequencies and pull back men and survey equipment to a point 125' from the runway centerline during aircraft operations. IV-3 E. No survey men or equipment will be allowed on the runway (100' wide) or taxiway (50' wide). Pavement during survey work periods will not be allowed unless authorized by the Engineer. F. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existinq conditions and the Contract Documents, he shall within fifteen (15) calendar days prior to Bid Openinq, notify the Enqineer in writinq. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. A. General Project Safety: Inasmuch as each work area will be accessible to and used by the public, the Owner and other companies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project will take place within the secured (fenced) airfield area of the Airport. When the Contractor enters upon said secured area, the Contractor shall conduct all work in conformance with the Safety and Security requirements included in Special Provision NO.6. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre-construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, IV-4 all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The Engineer or RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. B. Weekly Coordination and Progress Meetings: The Engineer or RPR will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The Engineer or RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. C. The Engineer or RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRA TIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-time Project Management Team consisting of a Project Superintendent and other supervisory personnel for the duration of the Project. The names and qualifications of this team for this work shall be submitted to the Owner as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act in the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or IV-5 effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. 15. SCHEDULE OF WORK A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in-place construction. 16. PROGRESS SCHEDULE. A. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary network phasing diagram (Preliminary Schedule) indicating a comprehensive overview of the Project including an activity line for each of the work segments to be performed at the site. 1) Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. 2) The submitted schedule shall be reviewed by the Engineer and Owner for conformance to Critical Dates and overall project completion time criteria. Lack of this information will be cause for rejection of the schedule. 3) Following initial submittal of schedule to and response by the Engineer, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Engineer. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. IV-6 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show "as-built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. A. If the Contractor's Monthly Schedule Update reflects, or the Engineer determines, that the Contractor is at least ten percent (100/0) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. IV-7 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contractor's logo or name, directional arrows IV-8 and "deliveries". Signs shall be of sufficient size to have 8" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty-eight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the access point onto the airport. The name FLORIDA KEYS MARATHON AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedestrian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 3) Such notification shall be made as soon as possible but in no case less than 48 hour~ prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in dupli- cate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. IV-9 J. Personnel Traffic: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "lunch breaks". Areas for this purpose can be designated by the Owner upon request. No Public Toilets shall be used by any workmen at any time. 20. DAILY CLEAN-UP AND TRASH REMOVAL. A. Debris from this work shall be promptly removed from the site at least daily. It shall not be allowed to become a hazard to the safety of the public. B. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by IV-10 way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Lig ht 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11 ) Improper shipping or handling 12) Theft 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. IV-11 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed IV-12 necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not IV-13 indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to information on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar identification. Require each person preparing the mark-up to initial and date the mark-up and indicate the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. In showing changes in the work use the same legends as used on the original drawings. Indicate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. b) Preparation of Record Drawings: In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of IV-14 corrected contract drawings. The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. Printing as required herein is the responsibility of the Engineer. c) Copies, Distribution: Upon completion of record drawings, the Engineer shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The mark- up set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. 3) Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub-contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-Built drawings is a pre-requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover "PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data IV-15 During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. Categories of requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or pee concrete pavement or backfill mix design record and/or certifications. IV-16 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are made. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 1000/0 completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. d) Advise the Owner of pending Insurance change-over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. IV-17 f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. h) Complete start-up testing of systems, and instructions of Owner's operating-maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, including touch-up of marred surfaces. c. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re-inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2) week period after the Date of Substantial Completion. If subsequent inspections IV-18 are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of reinspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. IV-19 f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. IV-20 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Engineer for the Owner's records. 4) Record Sample Submittal: Comply with the Engineer's instructions for packaging, identification, marking, and delivery to the Owner's sample storage space. 5) Miscellaneous Record Submittals: Complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. 26. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal "clean" condition. B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. IV-21 Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. IV-22 SPECIAL PROVISION NO.2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: A. Notice to Proceed Permits A Notice to Proceed permit will be issued ten (10) days after award of contract. At this time the Contractor shall accomplish the following activities, but not limited to: 1. Obtain permits as required for construction. 2. Prepare and transmit all shop drawings, submittals and certifications as required by the Contract Documents to the Engineer for review and approval. 3. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the work in accordance with the Contract Documents. 4. Prepare his staging area and establish haul routes. 5. Mobilize equipment, materials and supplies in Contractor's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. No onsite construction activities shall be accomplished and the airport shall remain open to aircraft operations during this time. B. Notice to Proceed Construction Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed Construction be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision NO.1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished IV-23 by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. At this time the Contractor shall develop all the construction activities necessary to complete the work in accordance with the contract documents. Sixty (60) calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the daytime unless otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. CONSTRUCTION PHASING AND WORK SEQUENCING NOT APPLICABLE Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit an as-built information signed and sealed by a professional land surveyor. During the week of Fantasy Fest (October 31) and New Year week the contractor shall coordinate with the airport manager, RPR, and FBO's to isolate his work in some specific areas. The airport manager may instruct the Contractor to stop the work during this time. No additional time and/or cost will be granted to the Contractor IV-24 SPECIAL PROVISION NO.3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO PROCEED DESCRIPTION CONTRACT TIME TO COMPLETE This notice shall allow the Contractor to obtain any necessary construction permits required to accomplish the work. Also, NOTICE TO PROCEED during this time, the Contractor shall order and deliver materials, PERMITS equipment and supplies needed to complete the work. No on-site A.S.A.P. construction activities shall be accomplished and the Airport shall remain open to aircraft operations during the stage. NOTICE TO PROCEED HVAC Equipment Replacement Maximum 60 CONSTRUCTION Calendar Days TOTAL CONTRACT TIME: Schematic Construction Scheduling and Staging are included in the plans with the work and operational constraints for informal purposes only. They are intended to represent Maximum 60 viable construction sequences which the Contractor may elect to implement. The Calendar Days Contractor shall ultimately be responsible for submittal of a detailed construction schedule to the AlE for review and approval. LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED LIQUIDATED DAMAGES Notice to Proceed Permit None (no on-site construction) activity IS being accomplished this time. Notice to Proceed Construction HV AC Equipment Replacement: If the Contractor fails to achieve final completion within the 60 calendar days fixed therefore by the Engineer in its partial certificate of substantial completion, the Contractor shall pay the owner the sum of $500.00 per day, thereafter for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of this work. IV-25 SPECIAL PROVISION NO.4 PROTECTION OF AIRPORT CABLES. CONTROLS. NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIOS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIOS and facilities. Such NAVAIOS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIOS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIOS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIOS and other facilities and cables by this contractor at all times. O. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIOS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposed to make to any FAA NAVAIOS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires IV-26 splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and light fixtures on site to temporarily jump around damaged or cut cables and fixtures if necessary to make the existing runway/taxiway/NAVAIOS systems operational during scheduled aircraft operation periods. IV-27 SPECIAL PROVISIO NO.5 RESIDENT PROJECT REP ESENTATIVE 1. ON-SITE OBSERVATION. The Resident P oject Observation for this contract shall be performed by the Engineer or his dul authorized representative. 2. DUTIES OF RESIDENT PROJECT REPR SENTATIVE Inspector's duties and responsibilities are to: I The RPRs a. Monitor performance of the Contract r; require correction of work that does not meet plans and specificatio and report serious problems to the Engineer and Owner. b. Determine test sites/locations, coordin te and supervise testing. c. Interpret plans and specification detailsf d. Resolve minor construction problems. I e. Maintain project records. f. Review and approve requests for paym nt to the Contractor. g. Conduct day-to-day construction obser ations. h. Maintain a project diary on a daily basi. I I. Maintain up-to-date records quantities of materials in place. i on qu~ntities of work performed and I J. Contact Engineer for advice and assist nce when needed and when major problems arise. k. Recommend to the Engineer when Agreement is required. Change Order or Supplemental 3. OFFICE. See Special Provision NO.8 for Res dent Engineer's (RPR) Office. IV-28 SPECIAL PROVISIO NO.6 SAFETY AND SECURITY R QUIREMENTS 1. SAFETY REQUIREMENTS Construction SequencinQ. All construJtion being accomplished under this contract shall be in accordance withl the sequencing indicated on the drawings. i A. B. Radio Communications. When workin in an Air Operations Area (ADA), whether closed or not, the Contractor shall maintain communications by two-way radio with the Airport Radio requency during all hours of Radio Frequency operations. The Contra tor's radios shall be capable of operating on the ground control fr quency assigned to the Radio Frequency. The radio operator shall e trained on the use of the radio, including the terminology normally u ed on airports for ground control communications. If the Contractor is perating in more than one general area on the airport at the same time, a ditional radios shall be provided to allow coordination of work activities wit the Airport Frequency. I In addition to the above requirementstor radios for use by Contractor's personnel, the Contractor $hall pro ide a similar two-way radio for exclusive use by the Resident Inspe tor during normal working hours throughout the contract time period. I C. Construction Activit and Aircraft Mov ments. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To he extent feasible and convenient, in the opinion of the Engineer, the use y aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contracto 's operations. Aircraft operations, unless otherwise specified in the contra t specifications, shall always have priority over any and all of the Contrac or's operations and the Contractor shall not allow his employees, sub-con ractors, material men or any other persons over whom he has control, to nter or remain upon or allow any plant or materials to be brought or re ain upon any part of the airport which, in the opinion of the Engineer, w uld be a hazardous location. Should aprons, runways or taxiways e required for use of aircraft and should the Engineer or Resident Inspe tor deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to su pend his operations, remove his personnel, plant, equipment and materi Is to a safe distance and stand by until the runway and taxiways are no 10 ger required for use by aircraft. IV-29 D. Limitations of Construction 5) 6) 1) All Contractor vehicles that are uthorized to operate on the Airport outside of the designated const uction area limits or haul routes as specified on the plans and in he active Aircraft Operations Area (AOA) shall display in full view 3600) above the vehicle a 3' x 3' or larger orange and white che kerboard flag, each checkerboard color being l' square. Any v hicle operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome-type lig t mounted on top of the vehicle display in full view (3600) and f such intensity to conform to local codes for maintenance and em rgency vehicles. 2) All Contractor vehicles that ar required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman hall be trained and instructed by Airport Operations in the regul tions governing operations on the AOA and the Airport. The flag an shall remain with his vehicle at all times. All aircraft traffic on unways, taxiways and aprons shall have priority over Contractor's raffic. In the event that flagman is not available, the Contractor m st provide his authorized personnel with radios operating on the loc I ground control frequency of 122.8 for clearance when crossing acti e runways or taxiways. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the A rport Manager to enable necessary Notices to Airman (NOT AM) r advisories to airport service or tenants. A minimum of 48 hou s notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 00' of an active runway centerline or 73' from an active taxiway enterline or open excavations in excess of three inches (3") dee within the above areas will require closure of the affected runw y or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) abov . Open flames, welding or torc~-cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the irport Manager. Stockpiled material shall be co strained in a manner to prevent movement resulting from aircra blast or wind conditions in excess of 10 knots. IV-30 11 ) 12) 13) 7) Open trenches, excavation an stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hour of visibility and darkness. 8) Contractor to provide barrica es across pavement to isolate construction activities from airc aft operating areas at locations as determined by the Resident In pector. Barricades to be orange and white striped 8" x 8" timber, low-silhouette type barricades with battery operated red flashing lights or approved equal. Each barricade shall have a minim m of two flashing lights with the intensity of the lights being of uch brightness so as to be readily identified during darkness pe iods. Barricades to be spaced approximately 20' on centers. arricades are to be sandbagged as necessary to prevent from bein blown over. Barricades shall be removed at individual locations s paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. During runway closures, the ~ntractor shall provide temporary runway closure markers (light d X) on each runway end (over runway numerals) in accordan e with the special provisions of these specifications unless othe ise approved by the Engineer. 9) 10) The Contractor shall keep all a tive airfield pavement clear of all debris, stones and other materi Is during construction. All active pavement shall be cleaned a d inspected by the Contractor's superintendent prior to release of work crews after each shift of work. All construction barricades shalll be inspected by the Contractor's superintendent prior to release qf work crews after each work shift to ensure barricades are proper'y placed and lighted for non-work hours. I I Equipment, materials, open tre ches, excavation and stockpiled material will not be allowed ithin 200' of centerline of active runways or within 73' of active t xiways after work operations are ceased each work shift. Coveri gs for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual-g ar type undercarriage. All existing facilities, equipment runway/taxiway lights, visual aids, NAVAIOS, etc.) and undergr und utilities shall be carefully protected by the Contractor. An damage to these items caused by IV-31 the Contractor or Sub-Contrac ors shall be immediately repaired and restored to a condition simil r or equal to the original condition. E. Payment. No separate payment shall be made for the safety requirements stated above. All costs ecessary to provide these items or services shall be included in other bid i ems quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS A. General Intent. The Contractor shall c mply with all security requirements specified herein. The Contractor shall esignate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirement of the contract. B. Construction Security Committee. Th committee shall be established by the Manager or Director concurrent wit the life of this contract to monitor, coordinate and adopt new security p ocedures relating to this contract. Meeting shall be scheduled by the anager or Director. Committee membership shall include the CSO, t e Manager or Director and such other personnel as the Manager or Dir ctor may designate. C Contractor Personnel Securit Orientat on. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the co struction area. D. Access to the Site. Contractor's acce s to the site shall be as shown on the plans. No other access points sh II be allowed unless approved by the Manager or Director. All contracto traffic authorized to enter the site shall be operated by personnel expe ienced in the route or guided by contractor personnel. The Contract r shall be responsible for traffic control to and from the various constru tion areas on airport property. The Contractor shall be responsible for i mediate clean-up of any debris deposited along any route resultin from his construction traffic. Directional signing at the access point nd along the delivery route to the storage area or work sites shall be a directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Co tractor's material deliveries to the site shall enter the airport only at des gnated gates and such deliveries shall be escorted to the constructio site by experienced contractor personnel. This will preclude delivery tucks from entering into the airport or taking short cuts through the perime er gates and entering into aircraft operation areas inadvertently. IV-32 F. Identification - Vehicles. The Contract r shall establish and maintain a list of contractor and sub-contractor vehicl s authorized to operate on the site. Vehicle permits shall be assigned in a anner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The C 0 shall maintain a current list of companies authorized to enter an conduct work on the airport. Employee personal vehicles shall be arked in designated areas. These vehicles shall not enter the airfield at a y time. All vehicles and equipment entering the job site shall display the c mpany's logo and/or name. G. Identification - Personnel. The Con ractor's onsite personnel shall be 'badged with identification from the lorida Ke s Marathon Air ort. The contractors supervisors shall submit to a criminal history fingerprints check from the FBI via the Florida Ke s Mar thon Air ort Security manager. All supervisors shall be required to atte d an Airport Orientation seminar presented by the airport operations and security unit. All other non- supervisory personnel of the contracto and subcontractor shall be issued a construction worker security bad e supplied by the Florida Kevs Marathon Airport, said badges will be issued to the Head Contractor for said project. The head contractor s all maintain a master list of all personnel issued said contractor secu ity badges. The list shall be made available for the airport security u it inspection during all hours of construction on the airport. All person el shall wear their badges on the outermost portion of their garment ab ve their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact umber for its security officer. Upon the completion of the FBI check, the c ntractor's issued full airport access badge for the EYW (SIDA) will act as escorts to all other personnel. The definition of escort will be explained du ing the airport training seminar. H. Manaqer or Director. The work on the lorida Ke s Marathon Air ort shall be under the direction of the Airport Ma ager or his authorized agent(s). I. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parkin area and other areas defined as required for the Contractor's exclusiv use during construction shall be marked. The Contractor shall erect an maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. I I J. Contractor shall maintain security at all ~imes during construction. I K. Payment. No separate payment for th above security requirements shall be made. All costs necessary to cove these items and services shall be included as part of other bid items quot d in the Bid Proposal. IV-33 SPECIAL PROVISIO NO.7 LIST OF DRAWINGS The drawings which show the location, character, dimens ons and details of the work to be done and which are to be considered as a part of the contract upplementary to the specifications are as follows: Sheet No. C-1 M-1 M-2 M-3 M-4 M-5 E-1 E-2 Description Cover Sheet / Index or Drawings First Floor HV AC Demolition Plan First Floor Enlarged HV AC Construction PI ns Chiller Building HV AC Demolition and Con truction Plans HV AC Details HV AC Schedules, Notes and Legend Electrical Symbols, Legend and Notes Electrical Plan IV-34 SPECIAL PROVISIO NO.8 RESIDENT ENGINEER'S ( PR) OFFICE THIS SECTION IS NOT A PLICABLE IV-35 SPECIAL PROVISIO NO.9 TEMPORARY FACI 1. GENERAL DEFINITIONS A. This section specifies certain minimu temporary facilities to be provided regardless of methods and means s lected for performance of the work but not by way of limitation and not as ured for compliance with governing regulations. Use of alternate tempora facilities may be permitted subject to the Engineer's and Owner's approv I and acceptance. B. Energy Considerations: Administer he use of temporary facilities in a manner which conserves energy but ithout delaying work or endangering persons or property; comply with re sonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicate , costs associated with temporary facilities are the Contractor's. T empor ry facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures sh II be taken to prevent the transfer of dust to other areas of the airport comp ex. E. Noise Control: Where work is being c nducted in or adjacent to occupied areas, the Contractor shall make eve effort to keep construction noise to a minimum. F. Fire Protection: In addition to temp rary water service for construction and the placing of permanent fire prot ction facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other g verning authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibi ed. G. Environmental Protection: Review e posure to possible environmental problems with the Engineer and 0 ner. Establish procedures and discipline among tradesmen and pr vide needed facilities which will protect against environmental proble s (pollution of air, water and soil, excessive noise and similar problems). IV-36 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the cou se of construction. The existing utilities shall not be modified f r use by the Contractor. Do not interrupt existing services serving occupie or used facilities except when authorized in writing by the Owner. Pr vide temporary services during interruptions to existing utilities as acceptable 0 the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system c nnections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field ffice or building must be approved by the Engineer and Owner. All cost for connection to utilities shall be paid for by the Contractor. Water, ele tric and telephone will be available on site. Equipment not in use during constructi n, nights and/or holidays shall be parked in areas designated by the ngineer and Owner. Construction workers' private vehicles shall be parke within the areas. 8. During construction, the Contractor sh II maintain these areas in a neat condition. The Contractor's vehicles, equipment nd materials shall be stored in the areas designated by the Engineer. pon completion of the work, the staging and storage areas shall be leaned up and returned to their original condition to the satisfaction of t e Owner. Remove all construction fencing and barricades from the proje t site. No special payment will be made for clean-up and restoration of th storage area. Personal vehicles will not be permitte beyond the Contractor's parking area. Drivers of vehicles being operate beyond this area shall be subject to loss of permission to enter the constr ction site. C. If additional storage areas are needed, he Contractor may request it from the Engineer. The request will be revi wed on the basis of what is to be stored and the area needed. The Cant actor shall provide any necessary fencing and/or security. IV-37 4. TEMPORARY CONSTRUCTION FAClllTIE A. Access to the work area: Contracto shall provide access to the Work Area (Means and Methods) prior to co struction. This access shall comply with all governing regulations. Contra tor shall obtain a specific permit for this temporary access if it is required y any regulatory agency. The cost of the access with all associate permits are the Contractor's responsibility. B. De-watering: Maintain construction w rk free of water accumulation. Do not endanger the work or adjacent pro erties. C. Miscellaneous Facilities: Provide iscellaneous facilities as needed including ladders, runways, shoring, s affolding, railing, bracing, barriers, closures, platforms, temporary partitio s and similar items. 5. TEMPORARY SUPPORT FACiliTIES A. General: Provide facilities and servi es as may be needed to properly support the primary construction proce s and meet governing regulations. B. Drinking Water: Provide either pipe-c nnected potable water fountains or electric cooled bottled water fount ins or insulated potable water containers in work areas spaced so th t personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate tempor ry sanitary facilities within the Contractor's staging and storage are s located on the drawings for the use of workmen during the entire p riod of construction. Temporary facilities shall be furnished at a mini um ratio of one toilet for each 25 workmen or as required by local gov rning code, whichever is greater. The toilets shall be portable, chemical ype or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in c nformity with local governing code requirements and shall be enclosed i a weather-tight, fly-proof building with a self-closing door. The buildi g shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissu . The premises shall be thoroughly disi fected at least twice each week. Provide means for locking the door fro the outside and keep locked at all times except during hours that workme are at the project site. IV-38 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the equirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contr ctor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide tempora wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau 0 Workers' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all tem orary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of wate used. D. The Contractor shall furnish all tempo ary wiring, piping connections and other apparatus that is needed to oper te the utilities and shall remove all evidence of same when work is comple e. E. The Contractor is responsible for obtai ing and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the pia s shall be used to house the Contractor's and Resident Project Represen ative's Inspector's offices and to store all idle equipment, supplies and const uction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throu hout the life of this contract, at his expense, a six-foot high fence of chain link f bric around the perimeter of each staging area used. He may also install ehicle and pedestrian gates as necessary to provide adequate ingress/egress. I I Additionally, the perimeter of any staging are~ which abuts an active operation pavement shall be marked with red flashing [barricades no more than 50 feet apart. Upon completion of all work, remove all constr ction fencing and barricades from the project site. IV-39 The Contractor's vehicles, equipment and m terials shall be stored in the area designated on the plans. Upon completion 0 the work, the storage area shall be cleaned up and returned to its original conditi n to the satisfaction of the Owner. Personal vehicles will not be permitted bey nd the Contractor's parking area. Drivers of vehicles being operated beyond t is area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nig ts and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of co struction workers' private vehicles shall also be within the staging area construct on fence. Stockpile areas shall be used to store all b Ik materials needed for the project and mayor may not be fenced at the Co tractor's option. However, yellow flashing barricades shall be installed where otential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for t e project construction. Separate stockpiles shall be created for structural soi and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surface All other waste material, including rubble an debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk material for the project are provided. All material removed by excavation, such as c ncrete, asphalt or limerock, trash, rubbish and vegetation shall be transported ff the Airport limits when it is taken up. It will not be stockpiled on Airport propert . The Contractor shall provide all necessary t mporary environmental controls as required by laws, regulations or as directed y the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to p otect the environment from erosion of any stockpile areas. The cost for these temporary incidental to the project. tal controls shall be considered IV-40 SPECIAL PROVISION NO.1 0 DEWATERING THIS SECTION IS NOT A PLICABLE IV-41 SPECIAL PROVISION NO. 11 PRECEDENCE OF DOC MENTS 1. GENERAL. The Bid Documents, Contr ct, Special Provisions, General Provisions, Specifications, Plans and all ref renced Standards cited in these documents are essential parts of the contr ct requirements. A requirement occurring in one is as binding as though occu ring in all. They are intended to be complementary to describe and provide for a omplete work. A. Bid Documents (Division I)(including an and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over mailer scale general drawings) 2. ORDER OF PRECEDENCE. In case of co flicts within the above-mentioned documents, the order of precedence shall be s follows: IV-42 SPECIAL PROVISION NO. 12 FINAL PAY REQUESTS AND R LATED FORMS In addition to the requirements for payments (Parti I and Final) stipulated in General Provisions (Division III) Section 90 MEASUREME T AND PAYMENT and in Special Provision NO.1 PROJECT GENERAL REQUIREME TS Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved b the Engineer and Owner. Pay Requests and related forms shall be submitted none (1) original and one (1) copy to the Engineer, unless otherwise instructed by im. Contractor shall use Monroe County Application for Payment form (see attachme t), and shall provide related forms from the American Institute of Architects, such as: · Change Order (Form G-701) · Certificate of Substantial Completion (Form G-704) · Contractor's Affidavit of Payment of Debts nd Claims (Form G-706) · Contractor's Affidavit of Release of Liens ( orm G-706A) · Consent of Surety to Final Payment (Form -707) IV-43 ATTACHM NTS IV-44 APPLICATION FOR PAYMENT FORM I- Z w ~ > c( A- D::: o u.. z o ->- 1-0:: ~~ ::;~ A.~ A.:J C:(U) w E ::J C/) t5 ~ C o o co c "5> 8 o z c o ~ .~ 0.. Q. <( ~ "0 o Q) 0) c co ~ o "0 Q) > o a. Q. <( >- en Q) 0) c co ~ o Q) z co "0 "~ u::: >- C ::J o o Q) e c o ~ o f- Qj co o o f- E ::J C/) t5 ~ C o o o t5 ~ C o o E e LL Q) co o o f- "0 Q) ... o (jj ~ "0 Q) Q) 0. E o o co o f- Q) 0) co c "cu Q) 0:: t5 Q) "e- o.... ~ ... o S "0 Q) Q) 0. E o o '+- o ~ ~ LL t5 ~ C o o Qj 0) co c "cu Q) 0:: (/) (/) Q) .....J "0 Q) C Co w co o f- o f- E e LL "0 o 'C Q) 0.... 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Last five proiects over $500.000.00 Projects Contract Amount General Contractor Telephone or Owner Eloquence on the Bay $ 2,296,000.00 CDC Builders 305-786-8157 APHIS FACILITY 1,497,540.00 HITT Contracting 954-607-7936 MIC-MIA Connector Station 1,439,000.00 Turner Construction 786-265-0891 U.S. Navy Key West - Chiller Replacement 929,247.00 Noresco, LLC 757-617-0764 City of Hollywood Police Department 630,565.00 City of Hollywood 954-921-3992 SECTION F Paragraph 7 List of Officers and Directors. Carlos Borja- President Vivian Martens- VP Isidro Borja Secretary Orlando Perez-Comptroller Rafael V. Ross-Director of Business Antonio Perez-Director of Service John Youlden- Construction Director GENERAL INFORMATION 1- Weathertrol is 100% own by Mr. Isidro Borja. 2- The following persons are officers or Directors: Cartos Borja, President Vivian Martens, Vice President Isidro Borja, Secretary Rafael V. Ross, Director of Business Antonio Perez:, Director of Service JohnYoulden, Director of Construction 3- Weathertrol is a fully licensed ,bonded and insured Mechanical Contractor incorporated in Florida in August of 1969 and operated with the same name since. 4- The Company ha.5 operated with the same name for the last40 years. 5- In answering to your question 5, No we have not failed. 6- Enclosed customers references 7- Enclosed credit re~ferences 8- Enclosed Relevant experience WEA THERTROL MAINTENANCE CORP. I Date II 06/25/081 To: MONROE COUNTY Pages: 1 CREDIT APPUCA TION INFORMA TION ] I Sales tax certification # I Type of Ownership I Incorporated (date & state) I Business description I Type of occupationBi He. I Type of work performed I Ship to address I Duns # and Last Rate IAnnual volume INumberofemproyees Geneial Mechanical Telephone # '(305) 908 - 1000 Facsimile # (305) 908 - 1039 I Sales tax exempt I NO I Federal taxpayer 10 I 59-1262109 I Years in business I 39 II. Borja Contractor Licence I CMC 008210 IOcuppational License # I 026753-4 I Purchase order required I Yes I Business property is I Leased I Lessor Name I Isidro C. Borja I Busines minority owned I 1 000/0 Account payable contact Leonardo Hernandez Address 7250 N.E. 4th Avenue MIAMI, FL 33138-5335 23-8011912106-0 Corporation 04/1 0/69, Florida Mechanical Contractors Principals Officers Name I Address I Telephone I Social Security # Isidro C. Borja 9525 S.W 82nd. Avenue (305) 271 - 7613 267 - 72 - 8547 Corporate Secretary MIAMI, FL 33156 Carlos I. Borja 8245 S.W. 93rd Street (305) 274 - 0801 592 - 32 - 7702 President MIAMI, FL 33156 Vivian B. Martens 13551 N.W. 6th Street # 204 (954) 447 - 6130 593 - 1 2 - 2944 Vicepresident PEMBROKE PINES, FL 33028 Bank References Bank / Contact I Address I Telephone / Fax I Account # Transatlantic Bank 1325 West 49th Street (305) 231 - 0200 Ph Checking Acct.: Mrs. Julia Riesgo HIALEAH, FL 33012 (305) 231 - 0168 Fax 60511382 -06 Vice-President Money Mid Acc: E-mail Jriesgo@transatlanticbank.com 60511382-15 - Trade References Business / Contact T Address I Telephone / Fax 1 Account # The T rane Company 2884 Corporate Way (305) 592 - 0672 1689447 Jose Luis Perez MIRAMAR, FL 33025 (305) 592 - 0221 Tropic Suppty I Inc. 151 N.E. 179 Street (305) 652 - 7717 1882007 Floyd MlAMl, FL 33162 (305) 652 - 0369 Hughes Suppty I Inc. 10810 N.W. 92 TERRACE # 111 (305) 477 - 3045 37705136 Freddy Ferrera MEDLEY, FL 33178 (305) 477 - 4351 United Refrigeration, Inc. 2400 N.W. 23rd Street (305) 633 - 8034 522511 Jose Oliva MIAMI, FL 33142 (305) 635 - 3253 Gemaire Distributors 2600 N. W. 79th Avenue (305) 592 - 2915 6910 Julio Paniagua MIAMI, FL 33122 (305) 477 - 2386 I Commercial/Institutional I As per purchase order 1# 04-806-1923 Rate: 3A2 I $18,000,000.00 I Office: 21 Shop: 72 ! Name MATSON-CHARLTON SURETY GROUP Bonding Company I Address 770 South Dixie Highway, Suite 101 CORAL GABLES, FL 33114 I Telephone / Fax (305) 662 - 3852 (305) 661 - 9948 PAST PERFORMANCE SIMILAR PROJECTS EXPERIENCE OF BIDDER June 25th 2008 WEATHERTROL MAINTENANCE CORPORATION IS A STATE OF FLORIDA MECPiANiCALCONTRACTOR SINCE AU-GUST of 1969 THE FOLLOWING IS A LIST OF SIMILAR PROJECTS COMPLETED WITHIN THE LAST 5 YEARS: 1- MIAMI AIRPORT 745B INFILL INSTALLATION OF CHILLED WATER SYSTEMS,AIR HANDLING UNITS,FIRE PROTECTION AND PLUMBING, PERSON IN CHARGE OCTAVIO NUNEZ WITH POJV,PHONE 786-223-8555 ESTIMATED CONTRACT $16.2M. 2- EDEN ROC HOTEL COMPLETE INSTALLATION OF THE HVAC SYSTEM ABOUT 1300 TON OF AC PERSON IN CHARGE SEAN VANNOY PHONE 305871-6169 ESTIMATED CONTRACT $ 6.5 M 3- NAVY PROJECTS IN KEY WEST ,INSTALLATION OF CHILLERS ,COOLING TOWER,PUMPS PIPING,CONTROLS AT TRUMAN ANNEX, SIGSBEE BASE, TRUMBO POINT AND BOCA CHICA,PERSON IN CHARGE ,ENS. JASON SCHECHTER PHONE 305-481-0774 ESTIMATED CONTRACTS $ 2.0M 4- PORT EVERGLADES BUILDING 19, INSTALLATION OF 8 TWENTY TON, ROOF TOP UNITS AND 14 ,FIVE TO FIFTEEN TON, ROOF TOP AND SPLlTS,THIS WORK WAS DONE AS AN ENERGY. CONSERVATION PROJECT FOR BROWARD COUNTY.OUR CONTRACT WAS WITH THE TRANE CO.PERSON IN CHARGE , LES OROSCO ,PHONE 954-270-0345. 5- MIAMI DADE COUNTY SCHOOL SYSTEM, SINCE 1998 WE HAVE CHANGE FOR THE MDCSS .ALL KINDS OF EQUIPMENT,COOLlNG TOWERS, CHILLERS, ROOF TOP UNITS,PUMPS.PERSONS IN CHARGE BILL BARROSO PHONE 305- 995-4301,ED VELEZ 305-248-3016. 6-US COAST GUARD TRUMBO POI NT KEY WEST,WE HAVE MAINTAINED THE BASE FOR THE PAST FOUR YEARS,SINCE THAT TIME WE HAVE CHANGE AND OR INSTALLED,CHILLERS ,ROOF TOP UNITS, SPLIT SYSTEMS ,MINI SPLITS ,REFRIGERATION UNITS,PERSON IN CHARGE CHIEF JEFF GLYDEWELL, PHONE: 305-797-5579. 7-US NAVY BOCA CHICA KEY WEST, WE HAVE INSTALLED SEVERAL TYPES OF EQUIPMENT ,FROM COOLING TOWERS, CHIILLERS, PUMPS,ROOF TOP UNITS.PERSON IN CHARGE ENSIGN JASON SCHECHTER PHONE: 305-481-0774 8-WEATHERTROL MAINTAINS THE CENTRAL PLANTS FOR 68 SCHOOLS IN DADE COUNTY OVER 20,000 TON OF AIR CONDITIONING. WE HAVE MAINTAINED THE SCHOOLS FOR THE PAST TEN YEARS,SINCE THAT TIME WE HAVE CHANGE AND OR INSTALLED,CHILLERS ,ROOF TOP UNITS, SPLIT SYSTEMS ,MINI SPLITS ,REFRIGERATION UNITS,PERSON IN CHARGE WILLIAM BARROSO, PHONE: 305-995-4300. / 9-LATEST CONSTRUCTION OR REIV10DEUNG OF SCHOOLS,GRATIGNY NORLAND MIDDLE SCHOOL,FERGUSON HI, CHARLES D. WYCHE JR ELEMENTARY,PINE LAKES ELEMENTARY,REDONDO ELEMENTARY,SCOTT LAKES ELEMENTARY,MIAMI SENIOR HI,RIVERSIDE ELEMENTARY,DUMBAR ELEMENTARY WITH COASTAL CONSTRUCTION AND OTHER CONTRACTORS. CERTlFICA rlON OF EXPERIENCE DOCUMENTATION I, ~AFAEL \/. 12~ (PrintlType Name) . OII8EG2JL 1P.s/,lff;/~ . of (Tille) \Ve /I r~ EALT4teJl.. kJ4/ ~E;t-JAl'lCe- (Name of C~ ~r LLC) , hereby certify that this Corporation or LlC has been in business for a minimum of 3 years and has the experience to perform the services requested by As I have indicated experience above. I now submit the following list of business and client references that will attest tl our services an business reiationships for the periodS indicated and I hereby give permission to t"e T u""pike Enterpris. to inquire for rences as to my performance. Signature: Name of Corporation or LLC: Date: 1!J3/1!) 3/" lJ, IT \. \.lIS. II 717"ejQ" "TA-tf:J t. ~ 4/ P'TL? ~A 4fVGG Note: Describe your work experience in detail for the minimum period required, beginning with your current or mo recent project Use a separate block to describe each project (Attach additional sheets as necessary.) Date: (Mo. & Yr) From Jvu: ?t:ItI:I3 To ./ov6 ~ DoIaI" Value of project S q 2~ :)'1 b / y~ , Client Name: CITY ~~ /I,,~t:$ -n;=A.D Client's Projed Manager: 8~ J.,Jl.NI)I1f!1!!7Jt"J AddresS 7&fo A).HD""Est~~ 8t.vD City IIIIN~-~~"tJ State pI. Zip: 3ao3p Phone: (3"'.r) 12'1. r,te~O Fax:(;l6$ I 21/7 - 3t2b7 Prajectl)escriplion: rULe. ,Iu"'IvT"6AMMCi!!i c~.r7~Z~7' peL ltIv 4k.t4!b~ loa; TQO ,,~ Ale t:Q~'u~7 - "~LY "U:e A Date (Mo & Yr.) From ~.3 To ~D-":, DoIarValueof~S 5p...~~ " Client Name /Jt5. ~O..q G 7 tS V A-"l. LJ Client's Project ~ ../ I:rr t!JJ t,y ~ Address 1t~.C0457tSOA.Je.'" 7'A.~80A:Y~ . City:~~-67 e::6LL g-1:)5" "7- ?;fi" 7 9 State ~t.. Zip 3 J" C/o Phone: (3aJ) 29? - J 7 S ~ Fax: (3Or) ;1f? - 8 7.7 D projectOescri~..cn M",,v7"t:;VAIVC6 44f{: E~T~ IAt>N /TVAC 51S7cA -=- ~ ,vI!; ./ ,,1IJIl Date: (Mo. & Yr.) From eDO 7 To ~4J6d DoIarVaIue of ProjeCt S 6' 8. yt,/~ . Client Name: ctTY' 1/1I' ~ ~~ E~ Client's Project Manager. ~ AU 0 ~ GOJVZ74 , Address fD G" 81&.7-DIfLt!f" WA Y. City: Ct:)~/~ tSiA~'H~ State F'- Zip ~ '13 if Phone: (5AA ~t:J .....rOf,/.'3 Fax: (3t){j f'hD - ~~~ PTojeCl()escriptiDn: l...Ad~ HI/Jllr{fJV,,~ CXM/7.,4;"<f'") )'2Dt:J 'V&' Or:- r?II'IIc.. h-,~v/"'H/5iVT /P ~?J ~LtJ6$ FOI Page I Date (Mo & Yr) From Dollar Value of Project $ ~ 20 /~ t8/2 /~ 60 P4?LC ~ - __4 Client Name: /L(/4U,l-<J4.tJ,G. .-SC~&JL~ C~ent's Project Manager lJ/u.. ~s p Address /1,/,;7) ~ 2'*'.4 tit? City ""/4 """? i~!T" 2~S -3e::>/~ State Pi- Zip: 31/32 Phone: (~DJ' 7"9"G - '13 e> I Fax: ( Projed[)escription r~LL ,44,hU7€'PAA/Ct:f-' /?P h'V;1e:. .t-i:?HJ1/,o~~7 ~ AS' '-'7 615 :5e::./Ya::u,.,S _ Sf/, oPe> 777'" ~,. #U~ (! ~,60.N~ ,; (,/AJe ;q'f e, To ,\/t,;U /:r ~e;o 9 Date (Me & Yr) From J f.)p8, -Zoo7 To J" ve ?~t>6 Do\1ar Value of Project: $ ? 5",.0 tin Client Name M O#.e.oe: Ci!;vk!L'1" Client's Project ~ vO N.v .i::./ A/ c;, Address: ~ 56:? SC:>VTAI RQ::::i56t/ti37 ,9i.v~ City j:6 Y' u-/C:.:5 7' Slate FL. Zip 'B "3 ~ fit 0 Phone (3t!U) Zq 2- t/[t;t9 Fax: (,J~,rl 29'..f - 3h 72- Project Descnplien C CJfT~L- d ,lW4/A/7"6,b...eVCP Lotv~ ".ee "'.$ F/JCVt-IT/E ~ "JiK)/f..J12-G>G COChU7~ ~.o;t!./~~ , Date: (Mo. & Yr)' From To Dollar Value of Project: $ Client Name' Client's Project Manager. Address: City' State, Zip: Phone: ( ) -- Fax: ( Project Description: Date: (Mo, & Yr) From To : Dollar Value of Project: $ Client's Project Manager: City' Client Name Address: State: Zip Phone, ( ) -- Fax: ( project Description: Name of Corporation or LLC: tDt:4 TNe A.,7J1!fLQl- I FORM MUST BE EXECUTED AND SUBMITTED WITH BID PACKAGE FOJ Page Z --..... --- . -._-- - . A. List two (2) most recent projects completed. Be sure to include any projects performed for Bovis lend Lease, Inc. - Project Name Doral Ballroom Location (City, State) Doral Country Club Gen. Contractor Hensel phelps PMName:Neal Bullock Phone 30S-20S-8999(cell) 305-871-6169 Original Contract Amount: $ 1 , 4 1 8 . 0 0 0 Final Contract Amount: $ 1 · 52 0 D 0 0 0 Start Date (mo/yr): J an 20 0 6 End Date (mo/yr): 1 / 3 0 / 2 0 0 7 Project Name MTAn 74~R Location (City, State)' Miami International Ai: Gen. Contractor Turner-Austin PM Name: Jay Anqel Phone 786-229-3232 Original Contract Amount: $ 6 , 1 00 . 000 Final Contract Amount: $ 6, 60 3 , 56 6 0 00 Start Date (mo/yr): Aua/2003 End Date (mo/yr). July 2005 B. List two (2) projects you are currently working on. Be sure to include any projects performed for Bovis Lend Lease, Inc. Project Name: Related Lofts II Location (City, State): Miami Gen. Contractor Whiting Turner PM Name: Robert Luther Phone: 561-71 8-2367 Original Contract Amount: $ 2, 8 3 0 . 00 0 . Final Contract Amount: $ On Go i n g Start Date (mo/yr): .Tun / ? 0 0 t; End Date (mo/yr): Pro; ected 7 / 2007 Project Name: Various Dade County School~ocation (City, State)' Dade county Gen. Contractor: Coastal Constr. PM Name: Goran Li ustina Phone: 305-559-4900 Original Contract Amount: $ 1, 4 2 8 , 829 . 0 0 Final Contract Amount: $ Start Date (mo/yr) Feb /2006 End Date (mo/yr) Proj ected 5/2007 Divisions of Work . PLEASE SIGN AND RETURN THIS FORM. I hereby certify that the information submitted herewith, inciuding any attachments is true and sufficiently complete so as not to be misleading. Completed Sf Rafael V. ROSS} _ Signature: ~ Title: Director of Business Dev 0 Date: 5-21-2007 WEATHERTROL MAINTENANCE CORPORATION BALANCE SHEET October 31, 2008 ASSETS CURRENT ASSETS: Cash Accounts Receivable Accounts Receivable - Retainage Less: Reserve for Bad Debts Accounts Receivable - Net I nventory-Su pplies Receivable from Shareholder Loans to Officers Receivables from Related Companies Accou nts Receivable-Others Employees Advances Prepaid Expenses Work in Progress - Services Cost and Estimated Earnings in Excess of Billings on Uncompleted Contracts Total Current Assets $ $ 2,799,962 1,370,002 3,198,787 4,169,964 29,751 28,773 115,711 1,447 34,250 16,983 127,575 78,569 PROPERTY AND EQUIPMENT: Transportation Equipment Air Source International Furniture and Equipment $ $ Less: Accumulated Depreciation 47,991 130,000 323,745 501,736 248,257 Prooertv and Eauioment less Acc. Deoreciation OTHER ASSETS: Contract Purchased Deposits 24,616 1,457 TOTAL ASSETS $ 7,801,810 253,479 26,073 $ 8,081,362 WEATHERTROL MAINTENANCE CORPORATION BALANCE SHEET October 31, 2008 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Accounts Payable $ 2,699,311 Accounts Payable Accruals (25,164) Credit Card Payable 37,631 Accrued Expenses and Other Payables 412,167 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts 2,584,655 Total Current Liabilities $ 5,708,600 LONG TERM DEBT: Notes Payable, Net of Current Portion Long Term Liabilities TOTAL LIABILITIES $ 5,708,601 STOCKHOLDERS' EQUITY: Common Stock - 30,000 Shares $ 0.20 Par Value Authorized, Issued and Outstanding $ 6,000 Retained Earnings 2,393,261 Less: Cost of Treasury Stock 26,500 2,372,761 TOTAL EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 8,081,362 WEATHERTROL MAINTENANCE CORPORATION STATEMENT OF INCOME November 1, 2007 - October 31, 2008 SERVICE AND CONSTRUCTIONS REVENUES: Constructions Sales Service Sales Service Light Division Equipment Sales Total Service and Constructions Revenues SERVICE AND CONSTRUCTIONS COSTS: Construction Service Light Division Service Equipment Less: Total Operating Costs Gross Profit GENERAL AND ADMINISTRATIVE EXPENSES OTHER INCOME: I nterest Income A.P. Purchases Discounts Others Income Total Other Income NET INCOME $ 18,373,254 3,550,259 164,915 $ 16,403,847 232,531 3,300,408 $ 60,035 14,808 4,538 $ 22,088,428 19,936,786 $ 2,151,642 1,702,019 79,381 $ 529,004 WEATHERTROL MAINTENANCE CORPORATION STATEMENT OF RETAINED EARNINGS For the Period Ended on October 31,2008 ACCUMULATED ACCUMULATED TOTAL ADJUSTMENTS EARNINGS RETAINED ACCOUNTS AND PROFITS EARNINGS Balance- November 1, 2007 - $ 2,065,769 $ 327,426 $ 2,393,195 Net Income 529,004 529,004 Distribution (528,938) (528,938) Balance- October 31, 2008 $ 2,065,835 $ 327,426 $ 2,393,261 .„ STATE.OF FLORIDA ci AC# . J, ,„,,, .4 ,e..., * L_......,:_ ..„,, :,....,..,, -uT1_,, „tal,, t8xL AND PROFESSIONALGULATION 4 i r)"..(9. ' ' '''' ''' '--- r--- ' - .TM „ ... _ 1118 4.' , .,_--,,,_-_-:-Dlik PAR -MGE-Iktto rist011'uo•-•:-.72rro---trr. T..,,L,TpuziT_ Ry.--LiCENSING: BOARD E..9,,.,..#1.6.,,8.,.q.i.oi 0 ,:-,4,, 4..,1,- f---:-::, i--,,,,. 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CERTIFICA TE OF LIABILITY INSURANCE OP ID.JR I DATE IMMIDDIYYYY) WEATB-1 12/19/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION InSource, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9500 South Dadeland Blvd.,i200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 561567 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ami F.L 33256-1567 Phone: 305-670-6111 Fax: 305-670-9699 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A' Bridge:field .z.pl.oyer. In.. Co. INSURER B FCCI Commercial Ins. Co. Weathertrol Maintenance Corp. INSURER C' National Trust Insurance Co. 20141 7250 N.E. 4th Avenue INSURER 0: ~ami F.L 33138 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IlD'L POlICY EFFECTIVE POlICY EXPlRA TION LTR NSRD TYPE OF INSURANCE POlICY NUMBER DATEIMMIDM'Y) DATEIMMIDOIYY) UMITS GENERAL UABIUTY EACH OCCURRENCE $ 1000000 I--- DAMAGE TO RENTED B X X COMMERCIAL GENERAL LIABILITY GLOO07877 11/01/08 11/01/09 PREMISES (Ea cx:c:u-ence) $ 100000 I--- o CLAIMS MADE ~ OCCUR I--- MED EXP (Any one penoon) $ 5000 I--- PERSONAL & N1V INJURY $ 1000000 I--- GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPJOP AGG $ 2000000 n POLICY ~PRO- nLOC 1000000 X JECT Emp Ben. AUTOMOBILE UABlUTY COMBINED SINGLE LIMIT I--- $ 1000000 B X ANY AUTO CAOO12164 11/01/08 11/01/09 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS IJJ~Q (Per penoon) - 11\.~ X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AlJTOS (Per accidenI) - - 5"d ~~ PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY " AUTO ONLY - EA ACCIDENT $ =1-- ~ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA UABlLlTY EACH OCCURRENCE $ 5000000 C ~ OCCUR D CLAIMS MADE UMBOO07808 11/01/08 11/01/09 AGGREGATE $ 5000000 $ ~~~' $ X RETENTION $ 10000 $ I WCSTATU- I 10TH- WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS' UABlUTY 12/31/08 12/31/09 A 083031010 E.L. EACH ACCIDENT $ 1000000 ANY PROPRIETORlPARTNERlEXECUTlVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000 If _, de8cribe under SPECIAL PRO\I1SIONS below E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEIICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRCMSIONS ~C Contractor./*10 Days Cancellation applies for Non-payment of premium. Certificate holder is included as Addi tional Insured under form iCGL055 (12/05) as required by written contract. CERTIFICA TE HOLDER CANCELLATION K:>NR.010 SHOULD ANY OF THE ABOVE DESCRIBED POuaES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISlIUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN - Monroe County Board Of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL Commissioners 50 Whitehead Street IMPOSE NO OBUGATION OR UABlUTY OF ANY KIND UPON THE WSURER. ITS AGENTS OR Key West F.L 33040 REPRESENTATIVES. A~~~ ACORD 25 (2001/08) @ACORDCORPORATION 1988 ED Matson-Charlton Surety Group Reply to: 700 South DixIe Highway, Suite 1 00 Coral GabIea, Florida 33146 0fIIce Numbers Phone: (306) 662-3852 Fax: (3Oe) 661-9948 PERFORMANCE AND PAYMENT (Public Work) In compliance with FS Chapter 255.05(l)(a) BOND BOND NO.: CONTRACTOR NAME: CONTRACfOR ADDRESS: 105188859 WEATHERTROL MAINTENANCE CORPORATION 7250 N.E. 4TH AVENUE MIAMI, FL 33138 CONTRACTOR PHONE NO.: SURETY COMPANY: (305) 908-1000 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 2420 LAKEMOUNT A VENUE, 4TH FL. ORLANDO. FL 32814 (407) 388-3263 MONROE COUNTY 1100 SIMONTON STREET KEY WEST, FL 33040 SURETY PHONE NUMBER: PROJECT OWNER NAME: PROJECT OWNER ADDRESS: PROJECf PHONE NO.: (305) 292-4441 OBUGEE NAME: (if contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: CONTRACT NO. (if applicable): DESCRIPTION OF WORK: $466,111.00 HV AC EQUIPMENT REPLACEMENT AT FLORIDA KEYS MARATHON AIRPORT PROJECT LOCATION: 9400 OVERSEAS ffiGHW A Y MARATHON, FL 33050 LEGAL DESCRIPfION: FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVfLERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 216588 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 2 6161 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint D. W. Matson III, and John W. Charlton of the City of Coral Cables ' State of Florida ' their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their J;msiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or p~rm~!f~<t'in aI1y~etions orptt?ceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this day of March ~008 Farmington Casualty <::o~papy _ Fidelity and Guaranty Jl)su~~,~c~/59mpaq~ Fidelity and Guaranty InsurQ,n~e Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company o ~ ~ ~~ ~$ ~ ~~'r;~'~'''':~.. "T~, ...._ v~ ti:,. .~~'* \~ . O' "(u~ANC~ c.; 11""'1"11\\\\\ State of Connecticut City of Hartford ss. seals to be hereto affixed, this 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ...-.~,. t.,~~"""""'~~of,;;.. f ::/~o,"PORIl"/" t'I \ i~: --- :01 \ s)...St30/AL'/; I 0'..... .... ~ ~&' ....~... ~:~ By: On this the 11 th day of March 2008 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. '((\w C. j~ '- Marie C. Tetreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marini: Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuranc~ C()mpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SU~yt,~E;;?lllpan.y~fj~meri~i.\0~d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the PoweI;qf ~ttorneyexecuted bysalQCompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand the seals this 27t:1i day of MARCH , 20 Q.2.. Kori M. Johans t:::\ ~ ~~'tt~~I~~,,~ ..~~... -y% .;:.- . ~"'~ ~~ c,o' '%Y~"'NC'i- 11111111111\\",\\\11 ..,............,., !~~t:;~:;;~~\ \ ~~\SE~L./;' 0'..... ....,l) ~&' ....~... ~~ '- To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AlZ. TRAVELER5J POVVEJR Of ATTORNEY Fanningion Co::su",llj C41mpanj fidelily and Guanmiy El1sun~l1ce Company lFki~IH: m~d Gu~!'~nfj b~~!!'2~1('e r~~~1!!enq.!t'2!'~ r m:. Se~bmH"d Sur'cty C"mpmt~ St Pm!! Fire m'l(i iVlizdm: ~nsun!.ncc C(lmp~nj Aao["l1e~-In Fact No. 216588 St Palll GU8niian llnSunH1cc CompaH\ SL Paul r'hercur~ insurance Comp~:m~\ Tn,\e!e:'5 C~S~t~Hy am! SUreLj Cnmp~,,~., Tnl\'elei's Casually mu) Surety Comr::<:Hj of Amcr'kc; Unii.ed f;t2tc~ Fidelit~ ~r1d Gm;n;ntj Compi'ii\ Certific.,Ic f~G. [~'} ff ? f:; h rr" 'iIo:r;i \~' i= ~ ',-, ~ I ::~ 0 I b... "'-": KNOVt ALL MEN BY THESIE IP'lRIESE~TS: T:l<11 Se<lboard SLlre:~ Conpan)' r~,' corporation e!Ld~ Oi"ga1iizeei uncle' l:lC ;,l\i,'~ 01' [he S~,i:e of ;"('\.\ YO;'k. ii~,:; 5i '_".: Fire and Marine lnsurance Company. Sl Pmil Gual'dl<:n In<,ul'<lnce Comp,lIl) ,me! Sl. P,lul Ivlercw) in~l1I'<ince COlllp<.!'l) "re corpor<ltlon~ ciu!) n:';.II1ILetl llnde:" lhe or the State of MInneso!<!. th~i Fal'l11ington CaslIall) Compan). Tr<'\elers Ca<,uall) <.md Sure!) Company. Lind T:'<I\'Clers Cl<'LI<lI!) ane: Sure!) C"llP<IIl) 0' ,'uilCi'ic:' corporaliom (Iul) orgal1izeclunder thc 1<1\.1'" o! the Slate or Connecticut. Ih<li Ln!lee; St,l[e~ Fide!!i) and Guai'<:l1i) CO!llp<lI~~ IS ,; cO''Pora!;OI~ ell:" w~,:n:,~ec llilJCI IClWS o/Ihe State or rvli!!'yland. th<J1 Fidelil~ <lIld GU<.lranl) InSlli'<lilCe Connp<IIlY is <I corporation dll!Y organ:zeci uncler the l<lWS 01 the Stelle oi Jo\' !. "l1e, 1!1<iI FIUelll) Guarani) Insura'lce Ullc!Ui',Tlters. Jne ;<, ( COl'pO!'<1l!OI~ (ILI:~ o"2'<I,l:ZC( ,lIlCier the I<.~w~ 01 the Si81e or Wl'col1<,:n (herelil co!ieCill(!) cci:lec' [:1t :'!'~:;;:J'I(< '1',( [he C0l11p<.ii1Ie~ c10 hercb) 111,d.t COI1<,ilil'le <we! ~ppOil!i D. W. Matson Ii!. and John VV Charlton of the City of Coral Cahles . State of Florida . their true ~nd ILl'" ,"ul Attorney(s)-in-F",-l. each in their sepLlrate capacity jf more than one is named above. to sign. execute. seal and acknowledge ~ny ancl all bonds. recognizLlnces. condirionalundertakings <md other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidel ity of persons. guarantee i llg the performance ,)f contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedlllgs allowed b) law. IN WITNESS WHEREOF. the Companies h<l\'e caused this instrument to be signed and their corporate seals to he hereto affixed. tillS day of March .2~ Farmington Casualt~' Com pan) Fidelit) and Guaranty Insurance CompanJ' Fidelity and Guaranty Insurance Underwriters. Inc. Seaboard Surety Company S1. Paul Fire and Marine Hnsurance Compan~ ---~~ t'~<:>~~"''''''~~-9 , ",.to"POIl"~",,,,,,., ~f - (1~i \;...~E A~41 \ <Y ;.........~~ .:" "-" S Cl }.~ .,- ""'-~ t~~~"~~P.'E"~;;",t, {t~. " ,- ~~) \..... -I ~'1-.r ~O'$ ""i"~'~I~"~\;~~~~"" State of Connecticul City of Hanford s<,. 11th 51. Paul Guardian insurance Compal1~ S1. Paul MercurJ' Insurance Compan~ Travelers Casualt,y and Surety Compan,\ Travelers Casualt) and Surety Company of A.merica United States fidelity and Guaranty Companj !!:~::;~::;~~, \.~~~;~9 t1J~~~ s~lHAIll'FCR::l.\ ~j .~...~ carm, I ~l ~"".t ",--'~~?' :.:..~~.. By On this the 11th day of March 2008. before me personally appeared George W. Thompson. who acknowledged him<,ell to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranry lnsurance Underwriters. Inc.. Seaboard Surety Company. SL Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company. Tra\'elers Casualty and Surety Company. Travelers Casualt) and Surety Company of America. and United States Fidelity and Guaranty Comp~ny. and that he. a~ <,uch. being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself a~ a duly authorized ofJ'lcer. in Witness Vt'hereot I hereunto set m) hand and official <,eaL My Commission expIres the 30lh day of June. 20)] 58440-5-07 Printed in U.S.A 'mw c, j~ , MaliC C Telle<lld, "'Ol;,r:- PlIhlIC WARNII\lG: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER