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Item C18 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.�p�` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: C.13 Agenda Item Summary #7319 Revised Wording and Backup Day-of-Meeting: Corrected total contract amount in wording and switched first page of Contract(attached) to provide the correct contract total. BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Approval to waive two minor bid irregularities and award bid and contract to the lowest bidder DEC Contracting Group, Inc. in the amount of ,f 84, 6,n 4 $3,081,162.44 for the Key West International Airport Noise Insulation Program (NIP)project at Key West by the Sea, Building A —Part 1. ITEM BACKGROUND: The minor bid irregularities are (1)Electronic Bid Sheets —Missing Page 5 of 8. Assistant Monroe County Attorney Patricia Eables contacted DEC via email and the missing page was acquired, and(2) While resumes of DEC staff and their asbestos sub-contractor, Cross Environmental Services (CES), were included in the submittal as required, the personnel assignments were not noted for the four(4) full-time, on-site management positions. At the request of the NIP Management Team, both DEC and Cross Environmental provided letters confirming their on-site management position assignments and W-2 payroll employee status, as required by the Building A —Phase 1 specification. The objective of this project is to reduce interior noise levels generated by exterior aircraft operations for neighboring residents whose homes qualify for the FAA-approved Noise Insulation Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility Program and associated Noise Exposure Maps, and pursuant to AIP Handbook Appendix R and other related federal requirements. PREVIOUS RELEVANT BOCC ACTION: On February 19, 2020, the BOCC granted approval to advertise for bids and the bid opening held April 28, 2020. September 16, 2020 Agenda concurrent requests: 1. Ratification and approval ofFAA Grant 12-0037-061-2020 2. PSO #6 with THC for construction management& administration, and preparation offinal bid documents and bid process. 3. Approval ofAvigation Easements and Property Owner Noise Insulation Agreements CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATION: Approval DOCUMENTATION: DEC Contract- Bldg A Part 1 (REVISED ATTACHED) Division III General Provisions Division IV Special Provisions FINANCIAL IMPACT: Effective Date: Upon Notice to Proceed (NTP —Permits) Expiration Date: 258 days after NTP -Permits Total Dollar Value of Contract: 8-�re94,04,n 4 $3,081,161 4 Total Cost to County: -0- Current Year Portion: same Budgeted: Yes Source of Funds: FAA Grant 437-61 (100%) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Yes Insurance Required: Yes, will be provided with contract when ready for County execution Additional Details: REVIEWED BY: Beth Leto Completed 09/01/2020 1:40 PM Richard Strickland Completed 09/01/2020 1:51 PM Pedro Mercado Completed 09/01/2020 2:08 PM Purchasing Completed 09/01/2020 2:21 PM Budget and Finance Completed 09/01/2020 2:45 PM Maria Slavik Completed 09/01/2020 5:43 PM Liz Yongue Completed 09/01/2020 6:49 PM Board of County Commissioners Pending 09/16/2020 9:00 AM a� CC4�4 5�4 August 31, 2020 KEY WEST INTERNATIONAL AIRPORT Mr. Richard Strickland Director of Airports h%nw ise Key West International Airport 1rulation3491 South Roosevelt Blvd. gram Key West, FL 33040 RE: Key West International Airport-Noise Insulation Program(NIP) Construction of Key West by the Sea (KWBTS) Building A—Phase 1(28 Units) Bid Evaluation Dear Mr. Strickland: Bids for the Key West International Airport NIP—Construction of KWBTS Building A—Phase 1 were opened at the Monroe County Budget and Finance Department, Purchasing Office at 3:00 pm on April 28, 2020. The following two (2) bids were received: Kenmar General Contracting, LLC. $3,876,871.17 DEC Contracting Group, Inc. $3,081,162.44 I. BID SUBMITTAL REVIEW The highlights of the bid submittals are as follows: DEC Contracting Group, Inc. —Bid Total: $3,081,162.44 Two (2) bid irregularities were noted in the DEC Contracting Group, Inc. bid submittal: 1. Missing Bid Sheet-The submitted Electronic Bid Sheets was missing page 5 of 8. Assistant Monroe County Attorney Patricia Eables contacted DEC via email (See Attachment 1)and the missing page was acquired and forwarded to THC. 2. Staff Assignments - While resumes of DEC's staff and their asbestos sub-contractor, Cross Environmental Services (CES), were included in the submittal as required, the personnel assignments were not noted for the four (4) required full-time, on-site management positions to include the Project Manager, Superintendent of Construction and Quality Control, Superintendent of Construction Logistics and Planning, and the Asbestos Abatement Supervisor. At the request of the NIP Management Team, both DEC and Cross Environmental provided letters confirming their on-site management position assignments and W-2 payroll employee status, as required by the Building A— Phase 1 specification: (see Attachment 2 and Attachment 3) Cabot L. Dunn,Jr. DEC Project Manager DEC W-2 Employee Christopher Freeman DEC Superintendent - Logistics & Planning DEC W-2 Employee Martin Truby DEC Superintendent—Construction & Quality Control DEC W-2 Employee Javier Knight CES Asbestos Abatement Supervisor CES W-2 Employee Kenmar General Contracting, LLC.—Bid TOTAL:$3,867,871.17 Six (6) bid irregularities were noted in the Kenmar General Contracting, LLC's bid submittal: 1. Business Address - Several different business addresses were used in the bid submittal. Kenmar General Contracting's address is listed in the bid submittal generally as 1075 Duval Street C21PMB150, Key West, FL 33040. On the Prime Bidder Statement of Qualifications, the address is written as 1007 Truman Avenue, Key West, FL 33040. The Certified Air Conditioning Contractor license held by Michael Geide for Kenmar and the Company Letterhead used in the Statement of Qualifications list a different business address at 1208 Truman Avenue, Key West, FL 33040. 2. Staff Assignments— Resumes of two (2) Key On-Site Personnel failed to show that they are employees of Kenmar General Contracting LLC, as required by the Building A—Phase 1 specification: Robert A. Yount, III, identified as Project Manager(via resume) Robert A. Yount,Jr., identified as Superintendent Logistics and Planning (via resume) Kenmar's proposed asbestos abatement subcontractor, Sunrise Systems of Brevard Inc., submitted a resume of Robert Crowe, however there was no indication as to whether he is intended to serve as on-site Asbestos Abatement Supervisor as required by the Bid Specifications. 3. Electrical Licenese Qualification - In Kenmar's Statement of Qualifications, it is written that "Kenmar General Contracting, LLC has been providing similar construction services included in the bid documents since being founded in 2002 due to our core compentency of renovation, window and door installation, mechanical, electrical,framing, drywall, paint and general carpentry." An Electrical Contractor's License for an out-of-state company in the name of Elias Paul Duplantis, DBA Elias Paul Duplantis LLC, License No. EC13009600, was included as part of the bid submittal. Additional license information was included in the bid in the name of Duplantis, Elias Paul 1209 Truman Avenue Key West, FL with a status of "Application in Progress". Our search of myflorida.com license portal shows that Kenmar General Contracting, LLC does not currently hold an Electrical Contractors License and therefore is not licensed to self-perform the work. 4. DBE Participation -As part of Section I Disadvantage Business Enterprise Program Form, Kenmar states they are self-performing windows, doors, framing, electrical, mechanical, stucco repair, paint, drywall and trim for a total of 84% DBE participation. However, due to the issue described above, Kenmar's proposed DBE participation of 84%is incorrect., Unless the electrical contractor license holder is a certified DBE, as Kenmar General Contracting, LLC is not currently licensed to perform the electrical work and would need to subcontract the electrical work. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 2 of 4 Additionally, both names, "Elias Duplantis (Kenmar General Contracting)" was written on the Section Q List of Subcontractors and Manufacturers suggesting that some or all of the electrical work scope was intended on being subcontracted to Elias Paul Duplantis, LLC. The license holder for the Air Conditioning Contractor was not listed in the same manner suggesting that the Bidder was aware of the licensing issue. 5. Insurance Requirements - The statement of Kenmar's insurance does not show a Workers Compensation Policy. A second form by another insurer lists a policy number but no Policy Description, therefore the reviewer is unclear on the nature of this policy number. 6. Minimum Qualifications - Under Volume 1 Section F "Prime Bidder's Minimum Qualifications," the Bidder or the Bidder's Subcontractor must show asbestos abatement experience of exterior stucco on a large multi-story building (10,000 square feet or greater) that requires sealed containment on and above ground.) In their Statement of Qualifications, neither Kenmar nor their subcontractor Sunrise Systems of Brevard listed the required exterior stucco asbestos abatement experience as required by the project specifications. II. BID COSTS vs. ENGINEERS ESTIMATE The bids received were reviewed against the Engineer's Estimate. The table below shows that the Total Bid ranged between 89.99%and 113.23%of the engineer's estimate of$3,423,912.81 BID TABULATION FOR KEY WEST INTERNATIONAL AIRPORT NOISE INSULATION PROGRAM CONSTRUCTION OF KWBTS "BUILDING A, Part 1 (28 UNITS)" BID DATE: April 28, 2020, 3:00 PM BID ITEM ENGINEERS DEC Contracting Kenmar General ESTIMATE Group, Inc. Contracting LLC TOTAL BASE BID (includes construction costs for 28 KWBTS condominiums, Contingency General $3,423,912.81 $3,081,162.44 $3,876,871.17 Conditions, Overhead& Profit, Bonds, Insurance, Permits TOTAL BID / ENGINEER'S 100.00% 89.99% 113.23% ESTIMATE NOTE: During the bid review, it was noted that there was a minor discrepancy in the individual; condominium unit subtotals of not more than $0.01 in each unit. In both DEC Contracting Group and Kenmar General Contracting's bids,the Total Bid was less than the sum of the individual unit subtotals by a difference of $0.06 and $0.07, respectively. We attribute the discrepancies to spreadsheet rounding errors. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 3 of 4 III. REVIEW OF CROSS ENVIRONMENTAL SERVICES(CES)ASBESTOS ABATEMENT PROPOSAL THC's environmental subconsultant, Gallagher Bassett Technical Services (GBTS), conducted a detailed review of the portion of DEC Contracting Group's submittal that directly related to the qualifications of their proposed asbestos abatement subconsultant, Cross Environmental Service (CES). It was determined that the documentation met all the requirements of the Building A—Phase 1 bid documents. IV. REVIEW OF PROPOSED DBE PARTICIPATION AND GOOD FAITH EFFORT DEC Contracting Group's proposed DBE participation goal is 10.9 percent, and their submitted documentation demonstrates good faith efforts, as required by the Building A—Phase 1 bid documents. DEC's proposed DBE participation plan is in accordance with Appendix Ato Part 26—Guidance Concerning Good Faith Efforts. V. LOWEST RESPONSIBLE/RESPONSIVE SUBMISSION After conducting a detailed review of the two (2) Bid Submittals, the documentation submitted by DEC Contracting Group, Inc. in the Base Bid amount of$3,081,162.44 has,with the exception of two (2) minor bid irregularities previously noted, met all the requirements for bidding as outlined in the Contract Documents. The award of this Construction Contract in the amount of$3,081,162.44 is subject to the FAA issuing a grant to Monroe County in the amount requested in the FAA 2020-21 Grant Application. If the grant amount is less than requested, the Scope of Work for the Construction Contract will be reduced by deleting individual condominium units based upon the individual unit price for each condominium unit provided by the Bidder in the Bid Submittal. The Construction Contract can then be awarded in the reduced amount. Please contact me at (404) 309-1491 / svecchithcinc.net with any questions that you may have regarding this information. Sincerely, Steven J. Vecchi NIP Project Manager Attachments: 1. Email from Assistant County Attorney Patricia Eables 2. Letter from DEC—On-Site Management Staff Assignments 3. Letter from CES—On-Site Asbestos Abatement Supervisor Assignment CC: Pedro Mercado, Assistant County Attorney, Monroe County Beth Leto, Deputy Director, Airport Finance &Admin., Key West International Airport Deborah Murphy Lagos, Airport Noise Program Coordinator, DML&A Richard Sun,AIA, Project Architect,The Sun Group, Inc. Heather Faubert, NIP Assistant Project Manager,THC, Inc. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 4 of 4 From: Eables-Patricia <Eables-Patricia2 Mon roeCounty-FL.Gov> Sent:Thursday, April 30, 2020 6:04 PM To: CL Dunn <cabot(@deccontractin .com> Subject: RE: NIP KWBTS Bldg A- Part 1 Bids Mr. Dunn: I am the attorney, in conjunction with staff, who has been reviewing the recent bids received by Monroe County regarding the above styled matter, RFP-306-1-2020/la, with said bids having been received on April 28, 2020, by the County Purchasing Office. I understand that DEC Contracting Group, Inc. submitted a bid in this matter. In our initial review, it appears that page 5 of your Electronic Bid Sheet was inadvertently omitted or did not process properly in the scanning document. I have attached the bid document as it was received in the Purchasing Office. As you will see, pages 4 and 6, are also somewhat skewed which makes one believe that perhaps it was a scanning issue. Upon review of our Monroe County Code and Purchasing Policy, we are waiving this minor irregularity and requesting that you immediately provide us with page 5 of your bid document as it appears this would not change your final bid amount, but would rather just complete the bid sheet itself. We would then have complete documentation in order to consider your bid along with the other bid packages. We recognize that this electronic bidding process is new for the County and our vendors, so we are still trying to work out any issues such as the one from your bid. If you have any questions, I may be reached at 786-847-3526 with any questions. If not,just please provide the missing page 5 if you wish for the DEC bid to still be considered. Thanks and I look forward to hearing from you. Patricia Eables Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33040 (305)292-3470(Phone) (305)292-3516(Fax) Email:eables-patriciaemonroecount -fl.aov Key WestInteruatioval Airport Electronic Bid Sheets 5 of 8 Noise Insulation Program Comtruction of KWBTS Braiding A-Phase I Bidder's Firm Name: DEC Contracting Group, Inc Address of Bidder: 1560 Matthew Drive Fort Myers, FL 33907 Item No. Item Description Unit Est.Qty Unit Price Total Price Subtotals 17 Unit A510 Windows LS 1 $19219.44 $19219.44 Doors LS 1 $23623.35; $23623.35 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $4598.00 $4598.00 Electrical LS 1 $825.00 $825.00 Asbestos Remediation LS 1 $10439.00 $10439.00 Unit Subtotal $66939.39 18 Unit A511 Windows LS 1 $25382.27 $25382.27 Doors LS 1 $24031.45 $24031.45 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $20296.10 $20296.10 Electrical LS 1 $8140.00 $8140.00 Asbestos Remediation LS 1 $10439.00 $10439.00 Unit Subtotal $96523.42 19 Unit A608 Windows LS 1 $9659.29 $9659.29 Doors LS 1 $18722.85 $18722.85 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $13784.10 $13784.10 Electrical LS 1 $7260.00 $7260.00 Asbestos Remediation LS 1 $6338.20 $6338.20 Unit Subtotal $63999.03 20 Unit A609 Windows LS 1 $13056.61- $13056.61 Doors LS 1 $23216.35' $23216.35 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $4598.00 $4598.00 Electrical LS 1 $825.00 $825.00 Asbestos Remediation LS 1 $6338.20 $6338.20 Unit Subtotal $56268.76 0A a}NDEC � s f Contractors Construction Managers Design Builders Mr. Steve Vecchi NIP Project Manager THC, Inc. Re: Additional Supplemental Information Required: DEC's KWBTS Building A - Phase 1 Bid Submittal Project Manager: Cabot L. Dunn, Jr. Project Superintendent: Construction and Quality Control- Martin Truby Project Superintendent: Logistic and Planning- Christopher Freeman This letter serves as verification that these employees are current W-2 employees of DEC Contracting Group, Inc. Any other Questions or concerns please feel free to call (239-332-4322) or email (erika(@deccontracting.com) Respectfully, Erika Bodenstein Vice President 1560 Matthew Drive, Suite 13, Fort Myers,Florida 33907 (239)332-4322—Office - (239)332-0180—Fax info@deccontracting.coin CGC 1526430 ���� ���� �������� CES May 5, 2Q20 DEC Contracting Group, Inc. 156O Matthew Dr. Suite B Fort Myers, FL339U7 RE: VVKBTS Building A—Phase 1 Dear Cabot, The following isin response to your email of May 4, 2O2O: 1. CES' Lead Asbestos Abatement Supervisor for this project will be Javier Knight. J. The following are full-time W-2 employees of Cross Environmental Services, Inc.: John Tostanoski, VP, Scott Millard, SPM,Javier Knight, Kembers Thomas, and Enrique Martinez. 3. Attached are the certification, staff training and medical testing documents you requested. Please let me know if you need anything further. Sincerely, / ' / i— [��w� \�li v. CoJ|eenStrnt\ Asst. Secretary cstrott@crossenv.cmm RD. Box 129A ~ Crystal: Springs, FL33524 ~ (813)783-1688 , Fax (813) 788-Q114 E-Mail: oem@crossenvcom ° vwxmxcmmmaenv.nom > .s J 4- 4- Cy) > LLJ 0 Q Oo c tn C 0 t.0 �. m r" 00 00 O O O a Lu UZ C QLU z LU ao0 L LLLLQ (no C7pw z ° i Q a Z N Z M coo o t ZW0C-4 pM � 0 L° � 0 aV, � o NLZ m rn° W N J N CO - ~ (n W O = o cn O2Q H W 7_CO U H Q m 3 �E U LU > 4 a H D Y OZ J } o _I o C .- Z o 0) U - •- Z O c w o N Q U LLJ I- U =3 C z 4D U > I, GC w c (D -a Cy) 0 p 0) rno oz3 - z U � o W o Z a rLa u L } 4- D L co U w w o (n o_ 4- u Z U ro } .> q N w w � } v �, 3 M O LLI L �- J N 0 CONTRACT Key West International Airoort Noise Insulation Proaram Construction of KWBTS Buildina A— Phase 1 THIS AGREEMENT made and entered into the16th day of September, 2020, by and between DEC Contracting Group, Inc., (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida,(hereinafter referred to as"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 documents; 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: Key West International Airport Noise Insulation Program 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 Two Hundred Fifty-Eight(258)calendar days from the Notice-to-Proceed —Permits pursuant to Special Provision No. 3. 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: Approximately Three million eighty-one thousand one-hundred sixty-two and 441100 Dollars ($3 081 162.44 in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month,the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%) of the amount of such estimate which is to be 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. CONTRACT Page 2 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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_ . 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 principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER 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. 9. PUBLIC ACCESS: Public Records Compliance.CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The OWNER and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents,records,papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the OWNER may CONTRACT Page 3 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER' custodian of records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cast provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. d) Upon completion of the contract,transfer,at no cost,to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from the OWNER' custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'S option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the OWNER or pursuant to a valid public CONTRACT Page 4 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 'I records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the OWNER and the OWNER's elected and appointed officers and employees harmless from and against: (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and(iii)any costs or expenses(including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys'fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees on the Construction Site during the term of this Agreement, (B)the negligence or willful misconduct of CONTRACTOR or any of its employees, agents,contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its employees, agents, contractors or invitees(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 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 OWNER from any and 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. CONTRACT Page 5 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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 OWNER 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 OWNER 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 OWNER, 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 OWNER and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the OWNER be required to contain any provision for waiver.. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any contract,debt, obligation,judgment, lien,or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Douglas R. Masch 11, President DEC Contracting Group, Inc 1560 Matthew Drive, Suite B Fort Myers, FL 33907 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of CONTRACT Page 6 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 this Agreement, the OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,conditions and provisions of this Agreement, shall not be affected thereby;and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The OWNER and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: OWNER and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 36 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. if the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance, or breach of this Agreement, OWNER and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. CONTRACT Page 7 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution,delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers,or employees outside the territorial limits of the OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES:This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the OWNER and the CONTRACTOR agree that neither the OWNER nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. CONTRACT Page 8 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A-- Phase 1 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances,as applicable, relating to nondiscrimination.These include but are not limited to: a) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibit discrimination in employment on the basis of race, color, religion, sex. and national origin. b) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex. c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps. d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h) Title Vlll of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i) The Americans with Disabilities Act of 1990(42 USC§1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability. j) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion,national origin,ancestry, sexual orientation,gender identity or expression, familial status or age; and k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. COVENANT OF NO INTEREST: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or' degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. CONTRACT Page 9 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 29. CODE OF ETHICS: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 30. ETHICS CLAUSE: Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate 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. 31. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. MUTUAL REVIEW: This agreement has been carefully reviewed by CONTRACTOR and the COUNTY; therefore,this agreement is not to be construed against either party on the basis of authorship. CONTRACT Page 10 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A- Phase 1 IN ITS, WHEREOF the parties hereto have executed this agreement on the day and date first above written in two(2)counterparts, each of which shall,without proof or accounting for the other counterpart, be deemed an original contract.(C 0 NT—RktT TOR) (OWNER) By: Douglas R. Masch 11 By: Heather Carruthers Title: President. DEC,Contracting Group, Inc. Title: IVlayqr,___ MQnroe County,.Bgard.of CounLy Commissioners WITNESS: I ATTEST: Kevin Mado . CPA........... ....... Monroe County Clerk ne y Clerk 0 OE -RNE M Y 5 RCADo_� J.ME STATE OF FLORIDA Datem COUNTY OF LEE 1, the undersigned authority, a Notary Public, in and for said County and State, hereby certify that Douglas R.Masch 11 whose name as President of DEC Contracting Grgup, Inc. (who is authorized by the corporation to execute this contract) signed the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such,executed the same voluntarily on the date the same bears date. Given under my hand and seal this-?-O day of August, 2020. Notary Public Signature ERIKA BODENSTEIN My COMMISSION 9 GG 118763 EXPIRES JUIY 24,2021 CONTRACT Page 11 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 ATTACHMENTS 1. Acknowledgement of Change Orders . Insurance Agents Statement . Certificate of Insurance 4. Performance Bond 5. Payment Bond 6. Corporate Acknowledgement 7. Surety Acknowledgement S. Power of Attorney ACKNOWLEDGMENT FOR-CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of KWBTS Building A- Phase 9 Ladies and 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. Contractor: DEC Contracting Group, Inc. By.. :L)LO W Douglas R. Masch II, President Date:e CONTRACT Page 11 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 ATTACHMENTS 1. Acknowledgement of Change Orders 2. Insurance Agents Statement 3. Certificate of Insurance 4. Performance Bond 5. Payment Bond 6. Corporate Acknowledgement 7. Surety Acknowledgement 8. Power of Attorney ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 Ladies and 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. Contractor: DEC Contractinq Group, Inc. By: Douglas R. Masch It, President Date: � , Zao Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 INSURANCE AGENT'S STATEMENT I have reviewed the insurance requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY TYPE: POLICY NUMBER DEDUCTIBLES: General Liability Worker's Compensation Vehicle Liability Builder's Risk Asbestos Abatement Liability Liability Policies are: ❑ Occurrence ❑ Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the Contract and will comply in full with all the requirements. Bidder: Signature: DEC Contracting Group, Inc. Douglas R. Masch II, President DATE(MM/DD/YYYY) AO � CERTIFICATE OF LIABILITY INSURANCE 8/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Five County Insurance Agency Inc PHONE 14120 Metropolis Ave A/c No Ext: 239-939-1400 .,c,No:239-939-3813 Fort Myers FL 33912 E-MAILADDRESS: certs@fivecountyinsurance.com INSURER(S)AFFORDING Cr ..3E NAIC# INSURERA:American Builders Insura" 11240 INSURED DECCO-1 INSURER B: National Builders Insuranu 16632 DEC Contracting Group Inc 1560 Matthew Dr Unit B INsuRERc: Old Dominion Insurance 4( Fort Myers FL 33907 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1000967811 REVISION NUMBS, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tt- INSURED NAMED ABOVE FOR POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT C " ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DL 4ED HEREIN IS SUB': -7 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN P'I "PAID(. INSR ADDL SUBR i POLICY L LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ,,y1M/DD1Yl MWDD/YYl LIMITS B X COMMERCIAL GENERAL LIABILITY Y PKGO16751707 3/6/2019 3/6/2020 ')C'; ONCE $1,000,000 CLAIMS-MADE OCCUR D, <ENTED PRL 'Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 X JECT OTHER: _ $ C AUTOMOBILE LIABILITY Y BlPO157N 5/& 5/8/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR �18902�, 3/6/2019 3/6/2020 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WCV0167L 3/6/2019 3/6/2020 X PE Y R OTH- AND EMPLOYERS'LIABILITY STATUTE ER ,�. ANYPROPRIETOR/PARTNER/EXECUI E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED,2 N/r. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIr ;`OF OPERATIONS/LOCATIONS/VEHIL (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: k TS BLDG C Nr. 'nn ProL " Project#18-060 Monr( ounty Boar' 'nissio ! and Key West By the Sea Association Inc are included as additional insureds with respects to General Liability and A lability ' .,ded by t, irriers --nhancement endorsements).Thirty days Notice of Cancellation applies; 10 days for non-payment of premium per Flo, CERTIFICATE HOLL,­ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 99198 OVERSEAS HWY 2 AUTHORIZED REPRESENTATIVE KEY LARGO FL 33037 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD TAIA Performance Bond CONTRACTOR: SURETY: (Name, lcgo/stcatrrs(inn tarl(h•crsu) (Noire, Iegol 4ttzlvs uneip)-in ripcal,r hice Of l5rr.�'rnGS'3) -locurnent hr dortant legal CIG -once,- 50tation with OWNER: an aa< ,couraged with respect. 'ornplet on or (Nuzzrcr, lc3,i>al sl riars crzzcl rdclress) modifcatio, Any singular to, t Contractor,Surety, or other party shall be c� sidered CONSTRUCTION CONTRACT plural where of 1licable. Date. A rnoun't: Dcscription: (Nrnne and locution) BOND Date: (Nut earlier-than('onstiwdion z'onwact Dole) Amount: Modifications to this Bond: Il No, 0 sec. 16 CONTRACTOK 'Phc., `STY ('ornpany: -,party: (f n-liur-tile.Serat) `" attuo: Signature: Blatt; and Title: itle: and I•itle: (Ann o(Milt--11 sit{notr, °anncar ran the lust page of fhis t'erfitrrnunc•e Bond) ,v'(`RAi, )N 0, „t' .-Nctane. address card telctihunc) ..�rdT or SROI(I OWNER'S REPRESENTATIVE: (i,bvhitecl, laraginee;-ov othei-larrrty.-) Init. AIA Document A3121" 2010 Performance Band.The American Institute of Architect €i "All rights reserve 1 NNP u, ,r[,a It i P G svk�i3�{@ I t@ P:Pta t% �[ t! €.IQ Plt ..rv;u t t i"'fi V k it d as€ 1 7Y f Fitt 'lt s lr _u€u"nt. rF,if,p.r,,,grm a-f €E r,,,i{a,„u k tP +t„°�r. ,s�=t3 aor�l� € mnE ll vJ111 ho J'Au, "Wod W OR'n.'C.Immu u nfl t flu,,i,iw To report copyright ( violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright rgaia.or0. §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,SUCCeSSON and assigns to the Owner Jor the performance of the Construction Contract, which is incorporated herein by reference, §2 Iftlic Contractor perforins the Construction Contract,the Surety and the Contractor shall have no obligation Under this Bond.except when applicable to participate in a conference as provided in Section 3. §3 If there.is no Owner Default under the Construction Contract,the Surety's obligation Under this Bo" allI arise after 1 the Owner first provides notice to tile Contractor and the Surety that the Owner is ,tiering declari-ig ,I Contractor DCffiLlIt.SLICII notice shall indicate whether the Owner is reqUCStill' reference 11114- the Owner, Contractor and Surety to discuss the Contractor's performance. If 11wrier does p, request a conference, the Surety may,within five(5)business days after receipt -owne, 'itice, request Such a conference. If the Surely timely requests a conference,the Owner st, ir> -)Illesq the Owner agrees otherwise,any conference requested under this Section 3.1 shall be '(fthill tell (10)business days Of the Surety',,receipt ofthe Owner's notice. Ifthe Owner,the Conir, End the Surety agree,the Contractor shall be allowed a reasonable tin-,c to perlorm the Construction, 'nict but such all agreement shall not waive the.Owner's right, if subsequently to declare a Coi, Defiltlh; .2 the Owner deelar"aI Contractor Default,terminates the Constru, ontract and notifies the Surety-, and .3 the Owner has agreed to pay the Balance of the in acm with the v ofthe Construction Contract to the Surety or to a cr ..tor select; perlorin )Ilstr, o Contract. §4 failure oil the.part ofthe Owner to comply with th cc requirement ection 3.1 ,flat, Constitute a flailtil-C to comply with a condition precedent 10 the Surety's Or, )its,or role. e Surely from its on]igations,except to the extent,the Surety demonstrates actual prkjUdiCC_ §5 When the Owner has satisfied the conditiL ,,.Iioii 3,tl, ty shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor, will, the consent the k to perf-o, d complete the Construction Contract; §51 Undertake to perform P 1,�tc the Consti-L on(,on, IbMf,through its agents or independent contractors; 5.3 Obtain bids or negotiated pry qs front r 4, tractors acceptable to the Owner fior a contract for b performance and completion ofthe C •tctioil ('or,. range for it contract to be prepared fbr execution by the Owner and a c --tor selected with fit, icr's concurrence,to be secured with performance and payment bonds CXeCLTtCd by , 1- -ely equivalent it.. "onds issiled on tile Construction Contract,and pay to the Owner the amount ofdai, s its t. 'in Section 7 less ofthe Balance of the Contract Price incurred by the Owner as ra result of the C actor Del- 5.4 Waive its rig 1 pet- j and conipi—e,arramige for completion,or-obtain a new contractor and with reasonable "Itness under t astances: .1 Alter stigation,determine the:amount for which it may be liable to the Owner and,as soon as practic, after the,amount is determined, make payment to the Owner:oi- 0elly Hit v in whole or in part and notify the Owner,citing tile reasons for denial. I ,e Surety s not, tocced as provided in Section 5 with reasonable promptness, the Surety S11,111 be deemed to In default oil t Bond seven days alter receipt of additional written notice front the Owner to the Surety demanding that Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy avaiV r the Owner. Ifthe Surety proceeds as provided in Section 5.4,and the Owner refuses the payment 0 '1"!Sir.-, denied liability, in whole or in part,without Further notice the Owner shall be entitled it)enflorce any il .able to the Owner, AIA Document A312 T11—2010 Perform ancL Bond.The American institute of Architects.All rights reserved.VV,`,&N1M14G U-unw"at", Init. 1t,h rf",;)Y U ,yr 9 i fl AM 0- i1 w,y r, ,oft n"'OvpVc"Mi,end wmal rwd vffl P"', fn t1w m,-!x6mu,n­14,H lbk,to v tit, I­L, To f0porl copyright 2 1 violation;of AIA Contract Documents,e-mail The American Institute of Architects legal counsel,copyrightogaia.org §7 1 fthe Surety elects to act under Section 5.1,5.2 or 5.3, then the responsibilities 01,111c Surety to the owilershall not be greater than those ortlic Contractor under the Construction Contract,and tile responsibilities of the Owner to the Surety steal I not be greater than those of the 0WIler Under the C'011StrUCtiOn Contract. Subject to the commitment by the Owner to pay tile Balance oF the Contract Price,the Surety is obi igated,Without duplication, for the responsibilities ofthe Contractor for correction ot'detective work and completion of the ('OtlStrLlCIi011('ontract; .2 additional legal,design professional and delay costs resulting from tile Contractor's DeP and resulting from the actions or failure to act Of the SLlrCtY Under Section 5,all(] .3 liquidated daniages,or ifno liquidated damages are specified in the('01IStRiCtion(' aet,acttial damages caused by delayed pertbrinance or non-perforniance of the('ontractor §8 If the Surety elects to act under Section 5.1,5.3 of,5.4,the Sorely's liability is limited to thL illf off' ond. §gThe Surety shall not be liable to tire Owner or others For-obligations ofthe Contractor that are LIM to I lie C'OnstrUCti011 Contract,all(] the Balance ofthe('ontract Price shall not be reduced or set off on account ti such Unrelated obligations, No right of action shall accrue on this Bond to any perqon or,entity other than the 0, it, heirs,CWCUtOrs,administrators,successors and assigns. §10']'Ile SUNty hereby waives notice ofany change, including changes offinlo, -Construction(,olllract Or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable,Under Illis Bond mr tristituiled ly Court c. 'oeter sdiction in the location in which the work or part ofthe work is loco nd shall be in., led within I, ,tier a declaration of('ontractor Default or within two years after the 0, tor ceased vvorla err within two y, after the Stiretv refuses or fails to perform its obligations under this Ulot. "lichever oc,- ,first. I fthe provisions of this Paragraph are void or prohibited by law,the mininium pet4,)d of Him. avail- 'o sureties as a CUICI)SC in the;jurisdiction of the suit shall be applicable. §12 Notice to the Surety.the Owner or the('o. c, -ill be inai, delivered to the address shown on the page oil which their signature appears. §13 When this Bond has been `-i-niched to comply Ill a st, yor other legal requirement in the location where the construction Was to be r any provision his Bo,. n1licting with said statutory or le-al requirement shall be deemed delete(] hero lb, ;M0l)S Con, Wing 10 S, SUIttillffy Or other legal requirement shall be deemed incorporated herein. W. w fit, 'lie in, ' is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definition- §14.1 Balanc "qct PriGe.The to,, -aunt payable by the;Owner to the Contractor under the Construction Contract after -grape, ­nts have bee le.including,allowance to the Contractor ofativ aMOUlltS received or to be receive the Owns. '--ICllt Ofli,SUrance or other claims for damages to which the Contractor is entitled,reducco all valid prk, vnts made to of-oil beliallofthe Contractor under the Construction Contract. .j . .Construction L act.Tbe agreement between the Owner and('ontraclor identified oil the cover page, including all Contract ,urneinq and changes made to the agreement and the C'ontraet Documents. §1,4- "efault 'kire ofthe('ontracLor,which has not been remedied of-waived, to perl'orni or otherwise to j with a I. vial tc I,,ofthe Construction Contract. §14.4 Owner De' L failure Ol'111C Owner,which has not been remedied or waived,to pay the Contractor as required Under the Cor ction Contract or to perform and complete or comply with the other material terills ofthe -01,jw ' ontract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 Ifthis Bond is issued Jbi,all agreement between a Contractor and Subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and life term Owner shall be decilled to be Contractor. Init. AIA Document A312TM-2010 Performance Bond.The Amencnn Institute of Architects,All rights reserved.OVI/'aRNUN(-, H,,o—JA tl I,,,U n r I h I,,"d U,I,ai,t 1 1 ;0i 0 t C i V P I,n i, "k A f ft 0 �t Q v fl k,,Ste,iv Y.�Inmiv mvJor;h To report copyright 3 violations of AIA Contract Documents,o-mail The Arnaricart Institute of Architects'legal counsel,copy right@,gja,org 16 Modifications to this bond are as 6611osys: Ispu-nrits lcloir.;"w uclelition(rl siglicltnres of'ucicicelpin-ties, olhcir than tllose uppearing oil the c=ovel,pul;c.) ,ATRAGTOR A 3INCIPAL SURETY Company: (Cor porcxlc Se'll) Company: (C orporille.Feel) 'Ai�nalurt_ Nanic tfnd Title: Name and]-it,le: Address Address Init. AIA Document A3121' 2010 Performance Bond The American Institute of Architects All rights reserved ^ s trtl i i A Ix I o.m^t (iP��r fl Yr�€tr{tf ;�€ i)ys[r(t4 t ^-s N �sr4�s'li Pkt s7s I6 i i;u o lsr tf Ir Ea'ft t Win s3i i, Ors rs 'pt s I l7 t„ti�tt ra' t(.O.�M l ,=1nr+M 11 S1k y all`In ..'Vt tt' t.Wl[dmd s.l`�V!s3 3i I"i ri tf�'.si Ld in tl§, l rwjnwm t N,nil w.,A-&—k id,r lh Lv,, To report copyright 1 violations of AIA Contract Documents,e-mail The American Instilute of Architects'icgal counsel,copyrightoaaia.org_ MAIA _ Payment and CONTRACTOR: SURETY: (Nuiue, le lred statlrs aixl u(lclress) (Nance, lz gut staters Lind principal place of husincss) document F ,portant legal c kiencr nsultation with OWNER: an a ncouraged with (Nunw, lc s crl Stools(Ind uchli•css) respec, ;ompletion or moditicah, Any Singular r. ne Contractor.Surer, r or other party shall be L.nsidered CONSTRUCTION CONTRACT plural where n^olicable. Date, Anionnt: Description: (Nance oncl hxwlion) BOND Gate: (Ncrt earlier thou C onstruclioii Como—tact lute) Amount: Modifications to this Bond: © Ric, 0 SL;, It( CONTRALTO, S I-,d. "ETY Company: ��.'efd) ( ipany: ((`rirlicn�vic.Foul) e:,*rtaturc: signature: Nanic and f"itle: and Title: (A qv uciclitiemul si�gn(u, uippecu-on the lust page if thin Piltmelit facnrth) .i3O r- `0N C [.)'—N4imv, rwhh-ess ascot telephone) _0 or BROK OWNER'S REPRESENTATIVE: (Ajvhitect, Enghieer-rn•uthe),piwty'.:) Init. AIA Document A312'" —2010 Payment Bond.,The American institute of Architects.All rig[ reserved.r Al-1,NI t.,a PIO NI b"I!t , s Fp r,)ht i iv+ �apt h �,:m ,0h H E ,sa i' a sr o 'z "J)txF m ol fl&_ A I r O ci ru ,j or s .,?t,o, hca (jr,d rri�«i ,>r Ir,6 ,<•va o- ,,,a[l +v�tl,P(.�ro-�B-i I,F.,rtC�9c-�. rrar.G,=tlI!I p�.r ,k�. ,�€rr Me)n ou[imm� grant mod,e To report I copyright violations of AiA Contract©OGLlmetl s,e-mail The American institute of Architects'legal counsel,copyright r@am org §1 'rhe Contractor and Surety,jointly and severally,bind 11112111WIVOS,1110il-heirs,CXCClItOTS,administrators,successors and assigns to the Owner to pay For labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the 1`611OWing terms. §2 Ifthe Contractor promptly makes payment of all sums due 10 Claimants,and defends, inderlinifies and holds harmless the Owner firrom claims,demands, liens Or suits by any person or entity seeking payment for lal, materials or equipment Furnished for use in the performance of the Construction Contract,then the Surety and tl- "atractor shall have no obligation under(his Bond, §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to 11, 'ller under thiG, A shall arise after the Owner has promptly notified the Contractor and the Surely (at the addr� 'Scribed in Sc, 13) of claims,demands,liens Or Suits against the Owner or the Owner's property by any person or „ seeki, vinent I'or labor,inaterials or equipment Furnished for use in the.performance of the Construction COull't, -1 defiense OfSUCII claims, demands, liens or suits to the,Contractor and tile Surety. §4 When the Owner has satisfied the conditions in Section 3,the.Surety sh,-II promptly and at the Surety '111W defend,indeninify and hold harmless the Owner against a duly tendered c' dernand, lien or suit. §5 rl,l,,Surety's obligationsvine: to a Claimant Under this Bond shall arise after the §5.1 Claimants, who do not have a direct contract with tile Cc —1, .1 have furnished a written notice oftlon-pays, o the Cont, 7111,statinL, Subs' .1 accuracy the amount claimed and the name of part' Aloin the 11lao S Were,or c" was, burnished oi- SUPJ)Hed or(cir W110111 the labor was dc performed,wil' ninety(90)day, :r having last. pci-fionned Labor of-last furnished niater. -equipment Jded in the Claim,-and .2 have sent a Clairn to the Surety(it the ado, 1'3scril­ Section 13). 5.2 Claimants,who are employed by or lim I contract he Contractor, have sent a Claim to the SLA-Cly(at the address described in Section 13). §6 It notice of non-payment required by Secti(, A.1 !n by the ,r to the Contractor,that is sufficient to satisfy a Claimant's oblioatior, to Furnish a written I ice m payment Linder Section 5.1.1, I §7 When a Claimant has sad '�fions ofS ions 5.1 L, .2,whichever is applicable, the Surety shall promptly and at the Surety's e,,, tali. I 11owill, �tiolls: §7.1 Send in answer to the Claimant, a copy to. ner,within sixty(60)days after receipt ofthe Claim, stating the it,- that are undisputed 're. basis 1101-OR111121101ing any anIOLInk that are disputed;and 7.2 Pay of,a, g c I o. ofally undis, an"101fluS. 7.3 The Surely =ikjre to iat, ­;ations under Section 7.1 or Section 7.2 shall not be deemed to Constitute a waivL 'def s the Surety _c Contractor may have or acquire as to a Claim,except as to undisputed ­nts for which Ay and Claimant have reached agreement, If,however,the Surety Fails to discharge its "lions under St. if 7.1 or Section 72,the Surety shall inderinnily the Claimant 6or the reasonable attorney's fees the Claimant inc, hereafter to recover any sums found to be due and owing to the Claimant. §8­- it'll of tion shall not exceed the,amount of this Bond,plus the amount of reasonable attorney's .,willed if. Sech,n 7.3,and the amount ofthis Bond shall be credited for any payinerits made ill good faith the Surety. §9 A11101,111hS j by the Owner to the Contractor under the Construction Contract shall be used for the perfbrniance 0- '{lie 0— ]oil Contract and to satisly claims,if arty, Under any construction performance bond. By the I 11-nishing and the Owner acceptint,this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, SUItjW to the OWIM"S priority to use the Funds fbir the completion of the work. Init. AIA Document A31210—2010 Payment Bond.The American lnstilute of Architects.All rights reserved,%'.WJ M4 INV,, ov"MIJ"I'[WO! I flbG,m0vr i4w,a kv,,,To report 2 copyright violations of AIA Contract Documents,e-mail The American institute of Afchittcts'legal counsel,oapynght@atia org. §10 The Surety shall not be liabie to the Owner,Claimants or others for obligations ofthe Contractor that are unrelated to the Construction Contract.'flie Owner shall not be liable Ior the payment of any costs of-expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice oil behalf ol,Claimants of,otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time,to the Construction Conn` or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of 'Pelent jurisdiction in tile state in which the project ilia( is the subject ofthe Construction Contract is A or alter the expiration of one year from the date(I)on which the Clairnarn sent a Claim to the Surety p, 'llto Section 5.1.2 or 5.2,or(2)oil which the last labor or service was performed by anyone or the iteriak equipment were Furnished by anyone nuclei-the COUIStrUCti011 Contract, whichever of(I)or(2)fit, the provisions of this Paragraph are void or prohibited by law,the minitinun period of limitation availat, urelies as a defense in the jurisdiction ofthe suit shall be applicable. §13 Notice and Claims to the Surety,the Owner of-the Contractor shall b, tee or delivered to the address on the page on which their signature appears. Actual receipt of notice of,Cla. "owever accomplished,shall t. sufficient compliance as ofthe date received. §14 When this Bond has been lurnislied to comply with a slat, `-gal rest. �nt in the k in Where the construction was to be performed,any provision in this conflicti, ith said s, "Y Or, . I-C(Illirenient shall be deemed deleted herefirom and provisions colil'or, to such statut or other leg, iient shall be decined incorporated herein. When so furnished,the is that this Bor, all be constrUCL. i statutory bond and not as a common law bond. §15 Upon request by any person of-entity ap, to be a t meficiary of this Bond,the Contractor and Owner-shall promptly furnish a copy of this k Aiall pern. -1j)y to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant '110di, �rilininiti, .1 the narne ofthe(1ainlant; .2 the name of'' for whorn the or was- or materials or equipment fiturnis'lied, .3 a copy ofthe '(1- -lurchase o. -pursuaij, which labor, materials or equipment was Furnished 101-use. c pa n e Of Construction('onlraet, .4 a brici'description labor, 11 aquiprnent furnished, .5 the(late on which the ant last pi- J labor or fast furnished materials or equipment for use in lerformance of the -tiction Contract, .6 —aunt earned bya A--Arnant for labor,materials or equipment fitirnished as of the date of- ('I a i,. .7 o1al anlOLJ, :"us payit,2rits received by the Claimant; and .8 ti, tillarno, 'au W. :1 to the Claimant for labor,Materials Or C(ILlipillent furnished as ofthe (111, the ill. Claimant.An idual Ol-entity having a direct contract With the Contractor or with a subcontractor of tile Contractor to furnish t-,niaterhils or eqUipluent for use in the performance of the Construction Contract.1-he term 0ainian' aIlChldes individual Or entity that has rightfully asserted a claim under an applicable mechanic's lien or t= "lains, real property upon which the Project is located.'11-he intent ofthis Bond shall be to without ilatiot in the terms"labor,materials Or eClUipulCul"that part of water,gas, power, light,heat,oil, -I'solille,teleph( service or rental CqUipluClIt used in the;Construction Contract,architectural and engincering set-vices require x performance ofthe work of-the Contractor and tile Contractor's subcontractors,and all other ilenis for who, mechanic's lien may be asserted in the jurisdiction where file labor,materials or cqLlil)lllellt Were 0, -ishl", §16.3 Construction Contract.The agreement between the Owner and Contractor identified oil the cover page, including all Contract DOCUMMiS and all changes made to the agreement and the('011traCt I)OCUttlen(S. Init. AIA Document A312 TM-2010 Payment Bond.The American Institu to of Architects.Alf rights reserved.eV,'H,'M I N ilw,.,,MA Dw:mi,m ­, ­i oU�d I'y 11 "q t nV k,0 I M Yxko I A "A 6ws AV, 0 �mnvfit,uv mqj purlw,,t, i'i''O"Y v�,,nK to u�ivil m,d,':rfmfvv,0 pwmflI61.", mil xill fm pw,x Mk"d io ih,l M X,411UPa r,xc0 umfin i,A,,i-oreport 3 1 copyright violations of A IA Contrort Documents,e-mail The American Institute of Architects'legal counsel,copyright@afa org §16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived,to pay the('ontractor as reqUired under the Construction Contract or to perform and complete or comply with the other material terms of the Construction('OrltracL §16.5 Contract Documents, All the dOCILLIllelits,that comprise the agreement between the Owner and Contractor. §17 Il'this Bond is issued For all agreement between a Contractor and subcontractor, the term C'ontract this Bond shalt be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: 's I il-ovit, 111oll". I-(Ickfilional Sigtla/ures ref-atMetit parties, other than those qj)1)em,h7g mi the cover 1)age.) ,.JRACTORA, ZINCIPAL SURETY Company: (Coq)orute Seal) ('ompany: Worl)onjte Seal) `Sign ature: N arne and d Tit I e: Name and Title: Address Address Init. AIA DocurnentA3121"—2010 Payment Bond.The American Institute of Architects,All fights reserved.r,%l W'W,,K1 T m,AH,1, [IT I AW,I k,I I by 1-i�', t ptairjl'0 Lnw '[W Ini,mMww,I fir IT I r-, ihino",I I oi iris d tcp ro(h6 IC'n an t ft AI A CIw mw nz ot u,y p,,fihm of a f,jy r",0 i" t1wil m Id c,611)"m-A pr''n'tkwT, I I I,I ,J I I h, I')flw a,-Tx1 It mro =iitlst po�;r,tnk,und�,",,T ;I Iu kqv.To report 4 copyright violations of AIA Contract Documnts,e-mail The American institute of Architects'lega I counsel,copyright@aiaorq CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF LEE On this this day of September, 2020. Before me personally came Douglas R. Masch II to me known, who being by me duly sworn, did depose and say he is the President of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public Signature Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SURETY ACKNOWLEDGMENT STATE OF COUNTY OF On this this day of September, 2020. Before me personally came to me known, who being by me duly sworn, did depose and say he/she is the Attorney-in-Fact of Insurance Company described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal; that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof.. Notary Public Signature This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, ®� LibertyLiberty Mutual Insurance Company Mutua I. The Ohio Casualty Insurance Company Certificate No:8200288-969516 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is noration duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constil a appoint, Marc J. Michalewsky;Sandra A.Pace;Thomas M.True;Lisa A.Anderson;Kemal Brkanovic;Cheryl R.Coleman;Mary J.D'Amato;Rachael F all of the city of Westfield state of NJ each individually if there be more than one namr ue and lawful attor, act to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizo d other surety oh s,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the sea the Comr ntheir own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals L. tripanies have been-; thereto this 14th day of_January_, 2019 I iberty Mutual Insurance Company 1Nsr� -vf IN84, Ohio Casualty Insurance Company , merican Insurance Company 1912 1919 � 4 � N d �4edi ArarAr �" �� h # Id M.Carey, ant Secre" @ State of PENNSYLVANIA 3'County of MONTGOMERY ss L ay On this 14th day of January_, 2019 before me personally appeared Db. "arey,who acknr ad himself to be the Assistant Secretary of Liberty Mutual Insurance o 3 Company,The Ohio Casualty Company,and West American Insurance Company,and to as such,h° thorized so to do,execute the foregoing instrument for the purposes'—� > therein contained by signing on behalf of the corporations by himself as a dtl' Ihorized offic, c1°i i1 > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixe, 11 seal at Ki% sia,Pennsylvania,on the day and year first abovewritten. rn oCU i O �,�rsis; c COMW EAR 'ENNSYLVAN.. �eA-, Q, L � ' wt Notar Q%� -4/ O 0 O k } Tere. Stella t -bile ` p 1ll Upper Men p Mom;, "ounty By N C My CommisL xpires Me 121 eresa Pastella,Notary Public Member,Penney Assocletlon L d (0 a) N t ) This Power of Attorney is made and executed pursu, qd by )f the t, ing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w c o c Insurance Company,and West American Insurance Comp, `�h resolu,, 1w, 'I force and effect reading as follows: o E a; ARTICLE IV-OFFICERS:Section 12.Power of Attorney o @ Any officer or other offici- the Corporation authorized ourpose in writw oy the Chairman or the President,and subject to such limitation as the Chairman or the President may prescrib such attorneys-in-fact,s ')e necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >1 co C any and all undertakings As, and other surety L. ns.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall 0� have full power to bind tl rporatio[, ,ature and exec, J any such instruments and to attach thereto the seal of the Corporation.When so executed,such Z instruments shall be as bin, is if signed by and attestrd to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the - provisions of this article may, oked at ar, ,by Chairman,the President or by the officer or officers granting such power or authority. oC c ARTICLE XIII-Execution of( acts' in 5.Surety Bonw and Undertakings. 0 4 A- `the Company auth .,at purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,F. Bch attorneys-in-fay nay be necessary to act in behalf of the Company to make, execute,seal,acknowledge and deliver as surety any and all undertakings, ,ands,recognizances and other su, hligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and exe of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the pr^ + nested b, secretary. )rtificate of r -I 'dent of company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- .,ssary to act of elf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety Authorization-By unanimous cr i of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearinn a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same forr- -ieffert;- ,n manually affixed. I,Renee C.G. _,,dersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set ray hand and affixed the seals of said Companies this 18th day of September 2019 . 912 0 1991 0 0 p BY'it' 4AM0 a*u Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 X LIBERTY MUTUAL INSURANCE COMPANY W-1mutual 1-11NANCIAL STATEMENT—DECEMBER 31,2018 SURr1v Assets Liabilities Cash and Bank Deposits ... $464,34 1,712 Unearned Prerniums.................---....--.......... -07,851,429,449 *Bonds—US Government........... ................—...... 2,259,714,810 Reserve for Claims and Claims Expense,,.., 20,165,,209,300 *01her Bonds......... ......... ...... 11,864,776,740 Funds Held Under Reinsurance Trentie, 3945-1)5,327 Reserve for Dividends to Policyhoirl 1,529 *Stocks 16,527,715,226 Additional Statutory Reserve..--., 4,866,000 Real Estate..,,....,, ........ ................... 255,809,551 Reserve for Commissions,'rexes anti Agents' Balances or Uncollecled Premiums......... 5,817,927,234 Other Liabilities ........ 3i999,822i80 Accrued Interest and Rents-........ 108,139,840 Total A2,465,234 Other Admitted Assets................................... 11,532,13 9,744 Special Surplus P'uids—.... $43,108,583 Capital Siock-- 10,000,000 Paid in Surplus....... 10,044,912,727 Unags"- ,"Irplus,... 6,267,309,13t' Total Admitted tl— licyliola, ... 16,365,330,449 .a]Liabilitit d Surplus. Bonds are stated at amortized u, wtrncnt value:;'' s at Association Maitcet Values. The foregoing financial inforroalib kcr)froo. 'rty Mutual Insurance Company's financial statement filed with tb, teof`Mass. Ity .4rtment orhisurance. 1,TIM MIKOLAJEWSK.1, Assistant Secretary of Liben' lu, surance G do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities orsaid Corp, ion, T)crember '118,to the best of my knowledge and belief IN WITNESS WIIEREOF, I have hr° -4o set my hand ana caned 1h, of said Corporation A Seattle, Washington,this 22nd day of March,2019, ry Assistant Secretary C.18 i�` CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y lrl ' T� \�ka� Mayor Heather Carruthers,District 3 �1 1 Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` �)-.�p�` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: C.13 Agenda Item Summary #7319 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Approval to waive two minor bid irregularities and award bid and contract to the lowest bidder DEC Contracting Group, Inc. in the amount of $3,081,062.44 for the Key West International Airport Noise Insulation Program (NIP) project at Key West by the Sea, Building A —Part 1. ITEM BACKGROUND: The minor bid irregularities are (1) Electronic Bid Sheets —Missing Page 5 of 8. Assistant Monroe County Attorney Patricia Eables contacted DEC via email and the missing page was acquired, and(2) While resumes of DEC staff and their asbestos sub-contractor, Cross Environmental Services (CES), were included in the submittal as required, the personnel assignments were not noted for the four(4) full-time, on-site management positions. At the request of the NIP Management Team, both DEC and Cross Environmental provided letters confirming their on-site management position assignments and W-2 payroll employee status, as required by the Building A —Phase 1 specification. The objective of this project is to reduce interior noise levels generated by exterior aircraft operations for neighboring residents whose homes qualify for the FAA-approved Noise Insulation Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility Program and associated Noise Exposure Maps, and pursuant to AIP Handbook Appendix R and other related federal requirements. PREVIOUS RELEVANT BOCC ACTION: On February 19, 2020, the BOCC granted approval to advertise for bids and the bid opening held April 28, 2020. September 16, 2020 Agenda concurrent requests: 1. Ratification and approval ofFAA Grant 12-0037-061-2020 2. PSO #6 with THC for construction management& administration, and preparation offinal bid documents and bid process. 3. Approval ofAvigation Easements and Property Owner Noise Insulation Agreements CONTRACT/AGREEMENT CHANGES: Packet Pg.614 C.18 New contract STAFF RECOMMENDATION: Approval DOCUMENTATION: DEC Contract- Bldg A Part 1 Division III General Provisions Division IV Special Provisions FINANCIAL IMPACT: Effective Date: Upon Notice to Proceed (NTP —Permits) Expiration Date: 258 days after NTP -Permits Total Dollar Value of Contract: $3,081,062.44 Total Cost to County: -0- Current Year Portion: same Budgeted: Yes Source of Funds: FAA Grant 437-61 (100%) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Yes Insurance Required: Yes, will be provided with contract when ready for County execution Additional Details: REVIEWED BY: Beth Leto Completed 09/01/2020 1:40 PM Richard Strickland Completed 09/01/2020 1:51 PM Pedro Mercado Completed 09/01/2020 2:08 PM Purchasing Completed 09/01/2020 2:21 PM Budget and Finance Completed 09/01/2020 2:45 PM Maria Slavik Completed 09/01/2020 5:43 PM Liz Yongue Completed 09/01/2020 6:49 PM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg.615 C.18.a August 31, 2020 KEY WEST INTERNATIONAL AIRPORT Mr. Richard Strickland Director of Airports h%nw ise Key West International Airport 1rulation3491 South Roosevelt Blvd. gram Key West, FL 33040 CL RE: Key West International Airport-Noise Insulation Program(NIP) Ch Construction of Key West by the Sea (KWBTS) Building A—Phase 1(28 Units) Bid Evaluation Dear Mr. Strickland: 0 0 Bids for the Key West International Airport NIP—Construction of KWBTS Building A—Phase 1 were opened at the Monroe County Budget and Finance Department, Purchasing Office at 3:00 pm on April 28, 2020. i The following two (2) bids were received: Kenmar General Contracting, LLC. $3,876,871.17 DEC Contracting Group, Inc. $3,081,162.44 CL I. BID SUBMITTAL REVIEW The highlights of the bid submittals are as follows: DEC Contracting Group, Inc. —Bid Total: $3,081,162.44 Two (2) bid irregularities were noted in the DEC Contracting Group, Inc. bid submittal: 0 1. Missing Bid Sheet-The submitted Electronic Bid Sheets was missing page 5 of 8. Assistant Monroe County Attorney Patricia Eables contacted DEC via email (See Attachment 1)and the missing page was acquired and forwarded to THC. m 2. Staff Assignments - While resumes of DEC's staff and their asbestos sub-contractor, Cross Environmental Services (CES), were included in the submittal as required, the personnel assignments were not noted for the four (4) required full-time, on-site management positions to include the Project Manager, Superintendent of Construction and Quality Control, Superintendent of Construction Logistics and Planning, and the Asbestos Abatement Supervisor. At the request of the NIP Management Team, both DEC and Cross Environmental provided letters confirming their on-site management position assignments and W-2 payroll employee status, as required by the Building A— Phase 1 specification: (see Attachment 2 and Attachment 3) Cabot L. Dunn,Jr. DEC Project Manager DEC W-2 Employee r ..• �� � e v• � r � � � d• Packet'Pg.616 C.18.a Christopher Freeman DEC Superintendent - Logistics & Planning DEC W-2 Employee Martin Truby DEC Superintendent—Construction & Quality Control DEC W-2 Employee Javier Knight CES Asbestos Abatement Supervisor CES W-2 Employee Kenmar General Contracting, LLC.—Bid TOTAL:$3,867,871.17 Six (6) bid irregularities were noted in the Kenmar General Contracting, LLC's bid submittal: -� 1. Business Address - Several different business addresses were used in the bid submittal. Kenmar CL General Contracting's address is listed in the bid submittal generally as 1075 Duval Street C21PMB150, Key West, FL 33040. On the Prime Bidder Statement of Qualifications, the address Ch is written as 1007 Truman Avenue, Key West, FL 33040. The Certified Air Conditioning Contractor license held by Michael Geide for Kenmar and the Company Letterhead used in the Statement of Qualifications list a different business address at 1208 Truman Avenue, Key West, FL 33040. 2. Staff Assignments— 0 Resumes of two (2) Key On-Site Personnel failed to show that they are employees of U Kenmar General Contracting LLC, as required by the Building A—Phase 1 specification: Robert A. Yount, III, identified as Project Manager(via resume) Robert A. Yount,Jr., identified as Superintendent Logistics and Planning (via resume) Kenmar's proposed asbestos abatement subcontractor, Sunrise Systems of Brevard Inc., submitted a resume of Robert Crowe, however there was no indication as to whether he is intended to serve as on-site Asbestos Abatement Supervisor as required by the Bid CL Specifications. 3. Electrical Licenese Qualification - In Kenmar's Statement of Qualifications, it is written that "Kenmar General Contracting, LLC has been providing similar construction services included in the bid documents since being founded in 2002 due to our core compentency of renovation, window and door installation, mechanical, electrical,framing, drywall, paint and general carpentry." An Electrical Contractor's License for an out-of-state company in the name of Elias Paul Duplantis, DBA Elias Paul Duplantis LLC, License No. EC13009600, was included as part of the bid submittal. Additional license information was included in the bid in the name of Duplantis, Elias Paul 1209 Truman Avenue Key West, FL with a status of "Application in Progress". Our search of myflorida.com license portal shows that Kenmar General Contracting, LLC does not currently hold an Electrical Contractors License and therefore is not licensed to self-perform the work. 4. DBE Participation -As part of Section I Disadvantage Business Enterprise Program Form, Kenmar states they are self-performing windows, doors, framing, electrical, mechanical, stucco repair, paint, drywall and trim for a total of 84% DBE participation. However, due to the issue described above, Kenmar's proposed DBE participation of 84%is incorrect., Unless the electrical contractor license holder is a certified DBE, as Kenmar General Contracting, LLC is not currently licensed to perform the electrical work and would need to subcontract the electrical work. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 2 of 4 Packet Pg.617 C.18.a Additionally, both names, "Elias Duplantis (Kenmar General Contracting)" was written on the Section Q List of Subcontractors and Manufacturers suggesting that some or all of the electrical work scope was intended on being subcontracted to Elias Paul Duplantis, LLC. The license holder for the Air Conditioning Contractor was not listed in the same manner suggesting that the Bidder was aware of the licensing issue. 5. Insurance Requirements - The statement of Kenmar's insurance does not show a Workers Compensation Policy. A second form by another insurer lists a policy number but no Policy Description, therefore the reviewer is unclear on the nature of this policy number. 6. Minimum Qualifications - Under Volume 1 Section F "Prime Bidder's Minimum Qualifications," CL the Bidder or the Bidder's Subcontractor must show asbestos abatement experience of exterior stucco on a large multi-story building (10,000 square feet or greater) that requires sealed Ch containment on and above ground.) In their Statement of Qualifications, neither Kenmar nor their subcontractor Sunrise Systems of Brevard listed the required exterior stucco asbestos abatement experience as required by the project specifications. II. BID COSTS vs. ENGINEERS ESTIMATE 0 The bids received were reviewed against the Engineer's Estimate. The table below shows that the Total U Bid ranged between 89.99%and 113.23%of the engineer's estimate of$3,423,912.81 BID TABULATION FOR KEY WEST INTERNATIONAL AIRPORT NOISE INSULATION PROGRAM CONSTRUCTION OF KWBTS "BUILDING A, Part 1 (28 UNITS)" BID DATE: April 28, 2020, 3:00 PM BID ITEM ENGINEERS DEC Contracting Kenmar General ESTIMATE Group, Inc. Contracting LLC TOTAL BASE BID (includes construction costs for 28 KWBTS condominiums, Contingency General $3,423,912.81 $3,081,162.44 $3,876,871.17 0 Conditions, Overhead& LU Profit, Bonds, Insurance, Permits TOTAL BID / ENGINEER'S 0 ESTIMATE 100.00% 89.99% 113.23% 0 NOTE: During the bid review, it was noted that there was a minor discrepancy in the individual; condominium unit subtotals of not more than $0.01 in each unit. In both DEC Contracting Group and Kenmar General Contracting's bids,the Total Bid was less than the sum of the individual unit subtotals by a difference of $0.06 and $0.07, respectively. We attribute the discrepancies to spreadsheet rounding errors. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 3 of 4 Packet Pg.618 C.18.a III. REVIEW OF CROSS ENVIRONMENTAL SERVICES(CES)ASBESTOS ABATEMENT PROPOSAL THC's environmental subconsultant, Gallagher Bassett Technical Services (GBTS), conducted a detailed review of the portion of DEC Contracting Group's submittal that directly related to the qualifications of their proposed asbestos abatement subconsultant, Cross Environmental Service (CES). It was determined that the documentation met all the requirements of the Building A—Phase 1 bid documents. IV. REVIEW OF PROPOSED DBE PARTICIPATION AND GOOD FAITH EFFORT DEC Contracting Group's proposed DBE participation goal is 10.9 percent, and their submitted documentation demonstrates good faith efforts, as required by the Building A—Phase 1 bid documents. DEC's proposed DBE participation plan is in accordance with Appendix Ato Part 26—Guidance Concerning -� Good Faith Efforts. CL V. LOWEST RESPONSIBLE/RESPONSIVE SUBMISSION After conducting a detailed review of the two (2) Bid Submittals, the documentation submitted by DEC Contracting Group, Inc. in the Base Bid amount of$3,081,162.44 has,with the exception of two (2) minor bid irregularities previously noted, met all the requirements for bidding as outlined in the Contract Documents. The award of this Construction Contract in the amount of$3,081,162.44 is subject to the FAA issuing a 0 grant to Monroe County in the amount requested in the FAA 2020-21 Grant Application. If the grant t� amount is less than requested, the Scope of Work for the Construction Contract will be reduced by deleting individual condominium units based upon the individual unit price for each condominium unit i provided by the Bidder in the Bid Submittal. The Construction Contract can then be awarded in the reduced amount. >' Please contact me at (404) 309-1491 / svecchithcinc.net with any questions that you may have regarding this information. CL Sincerely, 0 Steven J. Vecchi t� NIP Project Manager Attachments: 1. Email from Assistant County Attorney Patricia Eables 2. Letter from DEC—On-Site Management Staff Assignments 3. Letter from CES—On-Site Asbestos Abatement Supervisor Assignment CC: Pedro Mercado, Assistant County Attorney, Monroe County Beth Leto, Deputy Director, Airport Finance &Admin., Key West International Airport Deborah Murphy Lagos, Airport Noise Program Coordinator, DML&A Richard Sun,AIA, Project Architect,The Sun Group, Inc. Heather Faubert, NIP Assistant Project Manager,THC, Inc. NIP Bid Evaluation —Construction of KWBTS Building A, Phase 1 Page 4 of 4 Packet Pg.619 C.18.a From: Eables-Patricia <Eables-Patricia2 Mon roeCounty-FL.Gov> Sent:Thursday, April 30, 2020 6:04 PM To: CL Dunn <cabot(@deccontractin .com> Subject: RE: NIP KWBTS Bldg A- Part 1 Bids Mr. Dunn: I am the attorney, in conjunction with staff, who has been reviewing the recent bids received by CL Monroe County regarding the above styled matter, RFP-306-1-2020/la, with said bids having been received on April 28, 2020, by the County Purchasing Office. I understand that DEC Contracting Group, Inc. submitted a bid in this matter. In our initial review, it appears that page 5 of your Electronic Bid Sheet was inadvertently omitted or did not process properly in the scanning document. I have attached the bid document as it was received in the Purchasing Office. As you will see, pages 4 and 6, are also somewhat skewed which makes one believe that perhaps it was a 0 scanning issue. c, Upon review of our Monroe County Code and Purchasing Policy, we are waiving this minor irregularity and requesting that you immediately provide us with page 5 of your bid document as it appears this would not change your final bid amount, but would rather just complete the bid sheet itself. We would then have complete documentation in order to consider your bid along with the other bid packages. We recognize that this electronic bidding process is new for the County and our vendors, so we are still trying to work out any issues such as the one from your CL bid. If you have any questions, I may be reached at 786-847-3526 with any questions. If not,just please provide the missing page 5 if you wish for the DEC bid to still be considered. Thanks and I look forward to hearing from you. Patricia Eables Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33040 (305)292-3470(Phone) (305)292-3516(Fax) Email:eables-patriciaro)monroecount -fl.aov Packet Pg.620 Key West InteruationalAirport Electronic Bid Sheets Noise Insulation Program Comtruction of KWBTS BmIding A-Phase I Bidder's Firm Name: DEC Contracting Group, Inc Address of Bidder: 1560 Matthew Drive Fort Myers, FL 33907 Item No. Item Description Unit Est.Qty Unit Price Total Price Subtotals 17 Unit A510 Windows LS 1 $19219.44 $19219.44 Doors LS 1 $23623.35; $23623.35 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 -o r Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 CL Mechanical LS 1 $4598.00 $4598.00 Electrical LS 1 $825.00 $825.00 Asbestos Remediation LS 1 $10439.00 $10439.00 Unit Subtotal $66939.39 18 Unit A511 Z Windows LS 1 $25382.27 $25382.27 Doors LS 1 $24031.45 $24031.45 Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 0 Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.00 $4301.00 W C] Mechanical LS 1 $20296.10 $20296.10 Electrical LS 1 $8140.00 $8140.00 Asbestos Remediation LS 1 $10439.00 $10439.00 Unit Subtotal $96523.42 W 19 Unit A608 r Windows LS 1 $9659.29 $9659.29 Doors LS 1 $18722.85 $18722.85 CL Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 �g Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $13784.10 $13784.10 Electrical LS 1 $7260.00 $7260.00 .N Asbestos Remediation LS 1 $6338.20 $6338.20 0 Unit Subtotal $63999.03 (J 20 Unit A609 fJ LLi Windows LS 1 $13056.61 $13056.61 � Doors LS 1 $23216.35 $23216.35 F. Gypsum Board Walls LS 1 $1139.60 $1139.60 Gypsum Board Ceilings LS 1 $1139.60 $1139.60 E Exterior Wall Infill and Patching LS 1 $1654.40 $1654.40 C? Painting LS 1 $4301.001 $4301.00 Mechanical LS 1 $4598.00 $4598.00 Electrical LS 1 $825.00 $825.00 Asbestos Remediation LS 1 $6338.20 $6338.20 Unit Subtotal $56268.76 Packet Pg.621 s�iy� s ru' EC 10 Contractors Construction Managers Design Builders Mr. Steve Vecchi NIP Project Manager THC, Inc. Re: Additional Supplemental Information Required: DEC's KWBTS Building A - Phase 1 Bid Submittal Project Manager: Cabot L. Dunn, Jr. Project Superintendent: Construction and Quality Control- Martin Truby 0 Project Superintendent: Logistic and Planning- Christopher Freeman c, This letter serves as verification that these employees are current W-2 employees of DEC Contracting Group, Inc. Any other Questions or concerns please feel free to call (239-332-4322) or email (erika(@deccontracting.com) Respectfully, c� Erika Bodenstein 0 Vice President LU 1560 Matthew Drive, Suite 13, Fort Myers,Florida 33907 (239)332-4322—Office - (239)332-0180—Fax info@deccontracting.coin CGC 1526430 Packet Pg. 622 C.18.a No No CES pNMSNTAL SE-R VkCES,INC. I� 7 1Ll .rJC L]110 N EP iAEIS May 5, 2020 CL DEC Contracting Group, Inc. 1560 Matthew dr. Suite B Fort Myers, FL 33907 ICE: WKBTS Building A—Phase 1 Bear Cabot, LU tJ The following is in response to your email of May 4, 2020: i 1. CS' Lead Asbestos Abatement Supervisor for this project will be Javier Knight. . The following are full-time W-2 employees of Cross Environmental Services, Inc.: John Tostanoski, VP, Scott Millard, SPM,Javier Knight, Kembers Thomas, and Enrique Martinez. CL 3. Attached are the certification, staff training and medical testing documents you requested. Please let me know if you need anything further. CO Sincerely, 0 6, CJ Colleen Strott Asst. Secretary cstrott@crossenv.com RO. Box 1299 Crystal Springs, FL 33524 a (813)753-1688 Fax (813) 788-9114 -hail: ces crossenv.com - ,crossenv.corrr Packet',Pg. 623 R C co to r U a' m � v s a > } J } m � 0 rn W 5- Q 00 C 0 1.6 �. m r" O oo O O O a Lu UZ C Q Z � LU ao0 L LLLLQ (AO C7pw z ° i Q a Z N Z M m o o t ZW0 pM � 0 L° 'o aV, � o NLZ m rn° W N J N CO Q �"� (A W 0 = o cn O2Q COLU H Q CO 3 4 a H D Y OZ J } o _I o C .- Z o`� 0) c- — •� Z c c w o LU N Q U C z 4 U > I, GC w c (D -a Cy) 0 0 0) rn o o z' •- z U � o w o Z a rLa u L } 4- D L co o U w w o_ N C� �j u N E w } V cn 3 M O N s �1-- Y N •+- L L m } O U LL N 0 CONTRACT Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 THIS AGREEMENT made and entered into the16th day of September, 2020, by and between DEC Contracting Group, Inc., (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida,(hereinafter referred to as "OWNER"). .� WITNESSETH: That the CONTRACTOR, for the consideration hereinafter fully set out, hereby agrees with the OWNER as follows: ca 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 documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached 0 hereto and made a part hereof, as if fully contained herein, for the construction of: Lu Key West International Airport Noise Insulation Program i Construction of KWBTS Building A — Phase 1 Monroe County, Florida 2. That the CONTRACTOR shall commence the work to be performed under this agreement CL on a date to be specified in a written order of the OWNER and shall fully complete all work hereunder within Two Hundred Fifty-Eight(258)calendar days from the Notice-to-Proceed _ — Permits pursuant to Special Provision No. 3. 3. The OWNER hereby agrees to pay to the CONTRACTOR for the faithful performance of 2 the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Lu Approximately Three million eighty-one thousand sixty-two and 44/100 Dollars ($3,081,062.44) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%) of the amount of such estimate which is to be 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. Packet;Pg. 625 CONTRACT Page 2 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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 i 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 principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER 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. 9. PUBLIC ACCESS: Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The OWNER and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the OWNER may Packet;Pg. 626 CONTRACT Page 3 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: CL a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER's custodian of records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. LU c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. d) Upon completion of the contract,transfer, at no cost,to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would CL be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining LU public records. All records stored electronically must be provided to the OWNER, upon request from the OWNER's custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'S option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the OWNER or pursuant to a valid public Packet;Pg. 627 CONTRACT Page 4 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, B DLEY- CL BRIAN lONROIFCOUNTTY FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance _ requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the OWNER and the OWNER's elected and appointed officers and employees harmless from and against: (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs i of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys'fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other _ invitees on the Construction Site during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 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 OWNER from any and 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. Packet;Pg. 628 CONTRACT Page 5 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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 OWNER 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 OWNER 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 CL insurance coverage shall be primary insurance with respect to the OWNER, 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. CL 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of OWNER and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or 0 local government liability insurance pool coverage shall not be deemed a waiver of U immunity to the extent of liability coverage, nor shall any Agreement entered into by the OWNER be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make >- it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. CL 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified , mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Douglas R. Masch ll, President DEC Contracting Group, Inc 1560 Matthew Drive, Suite B Fort Myers, FL 33907 14. GOVERNING LAW VENUE AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of Packet;Pg. 629 CONTRACT Page 6 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 this Agreement, the OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, _ covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The OWNER and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: OWNER and CONTRACTOR agree that in the event ~� any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Packet;Pg. 630 CONTRACT Page 7 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely i performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not >- intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party , claim or entitlement to or benefit of any service or program contemplated hereunder, and the OWNER and the CONTRACTOR agree that neither the OWNER nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. Packet;Pg. 631 CONTRACT Page 8 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: a) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibit discrimination in employment on the basis of race, color, religion, sex. and national origin. b) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex. c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps. d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age i e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h) Title VIII of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i) The Americans with Disabilities Act of 1990 (42 USC § 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability. j) Monroe County Code Chapter 14, Article ll, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. COVENANT OF NO INTEREST: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Packet;Pg. 632 CONTRACT Page 9 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 29. CODE OF ETHICS: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 30. ETHICS CLAUSE: Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate 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. 0 U 31. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. MUTUAL REVIEW: This agreement has been carefully reviewed by CONTRACTOR and >- the COUNTY; therefore, this agreement is not to be construed against either party on the basis of authorship. Packet;Pg. 633 CONTRACT Page 10 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 IN WITNESS, WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. (CONTR TOR) (OWNER) CL By: Douglas R. Masch II By: Heather Carruthersmw Title: President, DEC Contractinq Group, Inc. Title: Mayor, Monroe County Board of County Commissioners d�� WITNESS: ATTEST: Kevin Madok CPA Monroe County Clerk Dent dy Clerk CL V�((OTW0E ORNEY PtQAO J.MERCADO lei 12 STATE OF FLORIDA Date_ COUNTY OF LEE I, the undersigned authority, a Notary Public, in and for said County and State, hereby certify that Douglas R. Masch II whose name as President of DEC Contracting Group, Inc. (who is authorized by the corporation to execute this contract) signed the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this' day of August, 2020. Notary Public Signature ;fie '?4; ERIKA BODENSTEIN MY COMMISSION#GG 118763 EXPIRES July 24.2021 Packet;Pg. 634 CONTRACT Page 11 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 ATTACHMENTS 1. Acknowledgement of Change Orders 2. Insurance Agents Statement CL 3. Certificate of Insurance 4. Performance Bond 0 5. Payment Bond LU 6. Corporate Acknowledgement 7. Surety Acknowledgement CL 8. Power of Attorney 0 LU Packet iPg. 63!5 ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 Ladies and Gentlemen: CL 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: 0 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. LU i 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. 0 LU Contractor: DEC Contractinq Group, Inc. By: Douglas R. Masch It, President Date: Packet;Pg. 636 C.18.a Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 INSURANCE AGENT'S STATEMENT I have reviewed the insurance requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY TYPE: POLICY NUMBER DEDUCTIBLES: General Liability Worker's Compensation Vehicle Liability c Builder's Risk Asbestos Abatement Liability i Liability Policies are: ❑ Occurrence ❑ Claims Made Insurance Agency Signature c BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the Contract and will comply in full with all the requirements. Bidder: Signature: DEC Contracting Group, Inc. Douglas R. Masch II, President Packet Pg.637 " C.18.a " CERTIFICATE OF LIABILITY INSURANCE DATE(° 8/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Five County Insurance Agency Inc PHONE 14120 Metropolis Ave A/C No Ext: 239-939-1400 id No):239-939-3813 E-MAIL Fort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com INSURER(S)AFFORDING Cr .GE NAIC# INSURERA:American Builders Insure, 11240 INSURED DECCO-1 INSURER B: National Builders Insuranu 16632 DEC Contracting Group Inc w 1560 Matthew Dr Unit B suRERc: Old Dominion Insurance 4(` Fort Myers FL 33907 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1000967811 REVISION NUMBS, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TL INSURED NAMED ABOVE FOR POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT L " ER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DL 4ED HEREIN IS SUB': -7 TO ALL THE TERM CL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN P' "PAID(_ INSR ADDL SUBR n„ POLICY L .Fr LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ,,AM/DDM NM/DD/YY\ LIMITS � cu B X COMMERCIAL GENERAL LIABILITY Y PKGO16751707 3/6/2019 3/6/2020 ')C' ONCE $1,000,000 CLAIMS-MADE � OCCUR PRE p Ea occur ence) $100,000 0 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 LLJ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 1 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: _ $ C AUTOMOBILE LIABILITY Y BlPO157N 5/& 5/8/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accidentLLJ X ANY AUTO BODILY INJURY(Per person) $ W P OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ t8 AUTOS ONLY AUTOS ONLY Per accident CL A X UMBRELLA LAB X OCCUR �18902�, 3/6/2019 3/6/2020 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WCV0167L 3/6/2019 3/6/2020 X PER OTH- � AND EMPLOYERS'LIABILITY Y STATUTE ER ANYPROPRI ETOR/PARTNER/EXECUI E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N1- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 (, DESCRIF OF OPERATIONS/LOCATIONS/VEHII (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 1, TS BLDG C Nr. nn ProL Project#18-060 O Monr( ounty Boar' 'nissio ! and Key West By the Sea Association Inc are included as additional insureds with respects to General Liabil and A iability ' .,ded by t, irriers;--nhancement endorsements).Thirty days Notice of Cancellation applies; 10 days for non-payment of premium per Flo, CERTIFICATE HOLu_., CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 99198 OVERSEAS HWY 2 AUTHORIZED REPRESENTATIVE KEY LARGO FL 33037 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.638 C.18.a TAIA Performance Bond CONTRACTOR: SURETY: (Name, lcgo/stcattrs(inn ad(h-ess) (Noire, l gol hilts uneip)-in ripal, hice Of hlrsin ss) -locurnent hr dortant legal CIL -once,- 50tation with OWNER: an aa< ,couraged with � respect. ornplet on or (Noine, lc3,gu/skatars crud addt-css) rnaditrr atio Any singular to, t Contractor,Surety, or other party shall be c� sidered CONSTRUCTION CONTRACT plural where of 1licable. CL IJtttc.: A rnnun't: � 0 Dcscription: (Ninne and locution) � I BOND >- Date: �-- (Not earlier-than('onstiwdion"onwact Dole) r CL Amount: Modifications to this Bond: Il No, 0 sec. 16 CONTRACTOK Phc., `STY ('ornpany: -,party: (f n-liur-tile.Sent) CJ `" attuo: Signature: Name and Title: itle: and Title: (Am,o(Milt--11 signott, ,,ippeiii-fit?the lust page of fhis Perfitwtnuatc•e Bond) v'(`RAi, )N 0, „)' .-Net ne. od(kess card teletihone) ..�rdT or SROI(I OWNER'SREPRESENTATIVE: (i,bvhitecl, lartginee;-ov othei-lartrty.-) Init. AIA Document A3121" 2010 Performance Bernd.The American Institute of Architect €i "All rights reserve 1 NNP u, �r[,a by P G svk�i3�{@ I t@ P:Pta t% �[ t t €.IQ Plt ..rv;la t t irPO, V k iE";�! as€ 1 7Y Fitt 'lt s lr _u€u"nt. rF,if,r. jrh'tp`;,,-f €E r,r,i,r a,„sr€R tP +t„°�r. ,s�=t3 aor�l� € mnE ll vJ111 ho J' ua, .W ,W OR'n.,N..Immu u nfl t flu,,i,iw To report copyright ( violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright rgaia.or0. Packet Pg.639 C.18.a §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner I-or the performaance of the Construction Contract, which is incorporated herein by reference.. §2 If'thc Contractor perforins the Construction Contract,the Surety and the Contractor shall have no obligation under this Itond,except when applicable to par(icipate in a conference;as provided in Section 3. §3 If there.is no Owner Default under the Construction Contract,the Surety's obligation under this Bo" all arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is ,tiering declari-ig a Contractor Default.Such notice shall indicate whether the Owner is requesten• reference amr- the Owner, Contractor and Surety to discuss the Contractor's perlornaaance. If awner does p, request a conference, the Surety may,within five(5)business days after receipt n Owne, ',tire, request such a conference. If the Surety timely requests a conference,the:Owner st. 1r )mess the Owner agrees otherwise,any conference requested under this Section 3.1 shall be within tern ;10)business days of the Surety's receipt ofthe Owner's notice. If'the Owner,tlae C'ontr, End the CL Surety agree,the Contractor shall be allowed a reasonable tin-,c to perlorm the Constr-uctioe, 'nicl but such an agreement shall not waive the.Owner's right, if subsequently to declare a C'ou, lief Sault; .2 the Owner dee°lau"at Contractor Default,terminates the COlastruL "rsntract and notifies the Surety; CL and .3 the-Owner has agreed to pay the Balance ofthe' „ . in accot with the v ofthe Construction Contract to the Surety or to a cr ..tor select; perform Ilstr, o Contract. M ,N §4 Failure era the.Dart ofthe Owner to comply with tb cc requirement ection 3.1 ,flat, Constitute at fiailtil-C U to comply with a condition precedent to tlae;Surety's ot, ins,or role. e Sorely from its on]igations,except to the extent the Surety demonstrates actual prkjudiCC_ 5 When the Owner has satisfied the conditit ,:tioii 3,11e ty shall promptly and at the Surety's expense talk one of the following actions: §5.1 Arrange for the Contractor, with the Consent the a `, to perf-o, d complete the Construction Contract; r §51 Undertake to perform a t,�tc the Constrt on(,on, °bMf,through its agents or independent � contractors; CL §5.3 Obtain bids or negotiated pry s from .t r e tractors acceptable to the Owner firr a contract for -� performance and completion ofthe C •tction ('or,. rank for it contract to be prepared fbi-execution by that: Owner and a c --tor selected with fit, aer's concurrence,to be secured with performance and payment bonds F executed by , ?rely equivalent it. "onds issared on tlae Construction Contract,and pay to the Owner the � amotnrt ofdai� s as t. ' 'in Section 7, less ofthe Balance ofthe Contract Price incurred by the Owner as a result of the C -actor Del- 0 U 5.4 Waive its rig ]pe j aaratf com t v air tinge for corn rletion,err•obtain a new contractor and with reasonable. Uj "Itness under t tastances: .1 After stigaation,determine the amount for which it may be liable to the Owner lard,as soon as � practic, after the amount is determined, make payment to the Owner;or 0eaay lit v in whole or in part and notify the Owner,citing tine reasons for denial. E ,e Surety s not tocced,is provided in Section 5 with reasonable promptness,the Surety shaall be deemed to r an de,fiault un It Bond seven days alter receipt ofaan additional written notice front the Owner to the Surety demanding that 5urcty Perform its obligations under this bond,and the Owner shall be entitled to enforce ally remedy avaiV r the Owner.ffthe Surety proceeds as provided in Section 5.*1,and the Owner refuses the payment 0 'ear!Sir.-, ,denied liability, in whole or in part,without further notice the Owner-shall be entitled it)enftn•ce any i .able to the Owner. Init. AIA Document A312T11-2010 Perform ancL Bond.The American Institute of Architects.All rights reserved.VV,`, .1r 4�, ra,f�,I,I,<, „- nw"a t, tit r r` ry;€ ,yr 9 i rl Tea 7E riR urrka �. €¢ !t .ir t t s rkt f kr6,�rp t till AM h i1 rtr�, r, ,olt tr , vpVc Mi,end wmil r9 ..ks, rtrt,a,.t„ rra i r.ts6r�H i„t1 ,;,,, !x6mrt n 14, GLr, to v tit. I,ti, Tof0port copyright violation;of AIA Contract Documents,e-mail The American Institute of Architects legal counsel,copyrightograia.org Packet Pg.640 C.18.a §7 1 f the Surety elects to act under Section 5.1,5.2 or 5.3, then the responsibilities 01,111c Surety to the owrfer°shall not be greater than those oftlie Contractor under-the Construction Contract,.and tlae responsibilities of the Owner to the Surety steal I not be greater than those of the Owner under the C'onstruction Contract. Subject to the commitment by the Owner to pity the Balance oFthe Contract Price,the Surety is obligated,without duplication,for 1 the responsibilities ofthe Contractor for correction oFdefective work and completion of the C'orfstruction('ontract; .2 additional legal,design professional and delay costs resulting from tlae Contractor's DeP and resulting,from the actions or failure to act of the Sturety under-Section 5,anti .3 liquidated danfages,or ifno liquidated damages are specified in the('oaaStruction r' pact,actti al damages caused by delayed pertbrmaance or non-performance of the C'onlractor 8 If the Surety elects to act under Section 5.1,5.3 of,5.4,the Sorely's liability is limited to the ills oft' ond. §g'The Surety shall not be liable to Lire Owner or others For-obligations ofthe Contractor that are unit to Ilie � C'onstruetiorr Contract,all(] the Balance nce ofthe('ontract Price shall not be reduced or set off on account ti such CL unrelated obligations, No right of action shall accrue on this Bond to any pervon or,entity other than the 0, it, hears,cWCUtors,administrators,successors and assigns. � §10']'he Sua-ety hereby waives notice ofrany change, including changes oftimc, Construction(,olllraact or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable,under this bond mr tnstitutcu fy court c. 'oeter- sdiction in M the location in which the work or part ofthe work is loco ,d shall be in., red within I, ,tier a declaration of('ontrractor Default or within two years after the Ce, tor ceased vvorle err within two y, after the Stirety 0 refuses or fails to perform its obligations under this Bot 'lichever oc, ,first.Ifthe provisions of this Paragraph are void or prohibited by lave,the minimum pet4,)d of lima. avail- o sureties as a dcl"ense in the jurisdiction of � the suit shall be applicable. I 12 Notice to the;Satiety,the Owner or the('o. :c, all be lanai, delivered to the address shown on the page oil which their signature appears. >' §13 When this Bond has been 'winishcd to comply Ill a st, y or other legal requirement in the location where r the construction was to be r :any provision his Bor. n1licting with said statutory or legal requirement shall be deemed deleted hero lb, ;dons corm ning to s, statutory or other legal requirement shall be CL deemed incorporated herein. W Fur 'lie in, ' is that this Board shall be construed as a statutory bond and not as a confmon law bowel. -� 14 Definition- ' 14.1 Balanc `,"act Price.`l'he to,, -aunt payable by the;Owner to the Contractor under the Construction Contract after -)rape, •ants have bee le.including,allowance to the Contractor of atfy amounts received or to be receive the Owne. '^-Ielat of l.,Snr'ance or other elainfs for damages to which the Contractor is U entitled,reduceo all valid rprk, vents made to of-oil behaall`of the Contractor under the Construction Contract. '. Construction l act. be agreement between the Owner and C'ontraclor identified oaf the carver page, including all Contract ,urnents and changes made to the agreement and the C'ontraet Documents. §1,4- 'efault 'Lire ofthe('ontractor,which has not been remedied tar waived, to perliarna or otherwise to � y with a I. vial tc ,n ofthe Construction Contract. §14.4 Owner fie` t. failure ol'tlac(Owner,which has not been remedied or waived,to pay the Contractor as required under the C'or ction Contract or to perform and complete:or comply with the other material tertats ofthe r; -01,j r ' ontract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 Ifthis Bond is issued Jbi,an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and life term Owner shall tic denied to be Contractor. Init. AIA Document A312TM 2010 Performance Bonet.The Amencnn Institute of Architects All rights reserved t°Fla °P I u s i,t,,x I I Ire U n r l€E. °at I !,,"d U,I,ai t1 1 ;li r 0 Oki VPI,DM fi r- k0. 4 f ft 0 „�v tQv i,t ry k,,Ste i v Y.�nmiv mvJor;h ,.nr+ To report copyright Jd j violations of AIA Contract Documents,o-mail The Arn oilcan Institute of Architects'legal counsel,copy right@aia.org, Packet Pg.641 C.18.a 16 Modifications to this bond are as 6611osys: CL CL uj uj CL r 0 tJ Lu tJ espu-nrits lcloil,:.er additirrncrl s'ip;nutnres of'ud(kel hirrtics, olhcir Ihwi those uppearing on the c=ovei,pug .) ,ATRACTOR A ZINCIPAL SURETY Company: (Cor poralc Se'11) Company: (C orporirle.Feel) 'Ai�nalurt_ Nanic tfnd Title: Name and]-it,le: Address Address Init. AIA Document A312T� 2010 Performance Bond The American Institute of Architects All rights reserved ^ Rrtl d k^ r�Ix I o.m^t (iP��r fl Yr�€tr{!J ;�€ i)ys[r(t4 t a-s N �sr4�s'li Pkt s7s I6 i €;u o lsr tf Ir Ea'ft t its.tt s3i i, Ors rs 'pt s I l7 t„ti�tt ra' t(.O.�M l ,=1nr+M 11 S1k y all`In ..'Vt tt' t.Wl[dmd s.l`�V!s3 3i I"i ri tf�'.si Ld in tl§, l rwjnwm t N,nil w.,A-&—k id,r lh Lv,, To report copyright 1 violations of AIA Contract Documents,e-mail The American Instilute of Architects'icgal counsel,copyrightcaaia.org_ Packet Pg.642 C.18.a MAIA _ Payment and CONTRACTOR: SURETY: (Nuaue, le lred statlrs aixl u(lclress) (Nance, lz gut staters Lind principal place of husincss) document a ,portant legal c riencr nsultation with OWNER: an a ncouraged with respec, ;ompletion or (Mince, lc}crl Stulars(Ind ucicli•css) � moditicah, CL Any Singular r. ne Contractor.Surer, r or other party shall be L,nsidered CONSTRUCTION CONTRACT plural where n^olicable. CL Date, Anionnt: 0 Description: � (Nance oncl hxwlion) � W I BOND >- Date: (Mort earlier thou C onstruclioii Como—tact lute) r CL Amount: Modifications to dais Bond: © Ric, 0 Sc:, 1� CONTRALTO, S I-,d. "ETY Company: ��Sc ird) ( ipany: ((`rirlicn�vic.Foul) 0 CJ CJ C'"rtatut'i': i lakft'ttrt Khania and f"itle: anal Title: (.d irt'uddili'airul si�gn(u, uIppecu-on the lust peige i f thin Piwinew Boil ) i3Okr- `0N C [.)'—N4imv, rwhh-ess and telephone) _0 or BROk OWNER'S REPRESENTATIVE: (Ajvhitecl, Engirieer-tar uthe),ircarly'.:) Init. AIA Document A3121"_2010 Payment Bond.,The American institute of Architects.All rig[ reserved.WAR, t.,a t'IO NI b"I!t r s Fp r,)ht i iv+ �apt h �,:m ,0h H E ,sa i' a sr o 'z C,ila,xF m oi fl&_ A !r kt rr,:L ru si �r sj .y t,o, hca (jr,d rri��d i ,>r Ir,6 ,<•va o- ,,,a[l +v�tl,P(.�ro-�B-i I,F.,rtC�9c-u, rrar.G,=tlI!t p�.r ,k r. ,�€rr Me)n ou[imm� nfwnt mod,e To report I copyright violations of AiA Contract©OGLlmetl s,e-mail The American institute of Architects'legal counsel,copyright r@am org Packet Pg.643 C.18.a §1 'rhe Contractor and Surety,jointly and severally,bind themselves,their•heirs,evectrtors,administrators,successors and assigns to the Owner to pay For labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 Ifthe Contractor promptly makes payment of all sums due to Claimants,and defends, inderlinilies and holds harmless the Owner front claims,demands,liens or suits by any person or entity seeking payment for lal, + materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and tl- ,ntractor shall have no obligation under(Iris Bond, §3 If there is no Owner Default under-the Construction Contract,the.Surety's obligation to tl, ,arer under thiG, .d shall arise after the("Owner has promptly notified the Contractor and the Surely (at the addre Scribed in Sc, 13) of claims,demands,liens or Suits against the Owner or the Owner's property by any person of „ seeki°' yntent 1"or labor,materials or equipment,Furnished) for use in the performance of the Construction C"omit` -1 defense of suet( claims, demands, liens or suits to the Contractor and tire.Surety. � CL §4 When the Owner has satisfied the conditions in Section 3,the.Surety sh,-II promptly and at the Surety '111sc defend,indertutify and hold harmless the Owner against a duly tendered c" de.rmand, lien or suit. 5'1'Ite Surety's obligations to a Claimant under this Bond shall arise after the. vine: CL §5.1 Claimants, who do not have a direct contract with the Cc .1 have furnished a written notice ofnon-pays, o the Cont, rr,statinL, Subs( .l accuracy the amount claimed and the name of the part" vhortr the lraatt S were,or c was, burnished or � suPlahed or liar whom the labor was dr performed,wil' ninety(90)day, r having last 0 tJ performed Labor or-last furnished nrater, °equipment ' ; Jded in the Claim;and � .2 have sent a Clain(to the Surety(it the ado, 1'3scril­ Section 13). I §5.2 Claimants,who are employed by or hm I contract ite Contractor, have.,sent a Claimm to the Surety(at � the,address described in Section 13). � §6 If a notice of non-payment required by Sectr(, .I.1 . °n by the. ,r to the Contractor,that is sufficient to satisfy a Claimant's oblioatiori to furnish a written +ice m payment carder Section 5.1.1, §7 When a Claimant has sad anions ofS ions 5.1 c. 2,whichever is applicable, the Surety shall CL promptly and at the .Surety's e,, tali. rtowin ,.tions: 7.1 Send an (answer to the Claimant, a espy to, ner,within sixty(60)days after receipt of°the Claim, stating the a€, that are undisputed. ',c basis for e rtallenging any anrotrnts that are disputed;and �. §7.2 Pay or a. 7e net, 'rrl`arry undis, 'arrrounts. 0 7.3 The Surety =ihrre to iat6 rations under-Section 7.1 or Section 7.2 shall not be deemed to CJ ctartstituti~<t waive `del' ,the Surety,.r Contractor may have ur acquire as to a C"[ai€rt„except as to undisputed °ants ffrr which Ay and Claimant have reached agreement, If,however,the Surety fails to discharge its °lions under-Sc if 7.1 or Section 7.3,the Surety shall inderrrnily the Claimant 6or the reasonable attorney's fees the Claimant inc, hereafter to recover any sums found to be due and owing to the Claimant. §8` it'll of t.ion shall not exceed the amount of this Board,plus the amount of reasonable attorney's .,rvicicd if. Sects,n 7.3,and the amount ofthis Bond shall be credited for any p°ayrttents made ill good faith the Surety. §9 Ararounts a by the.Owner to the Contractor under the Construction Contract shall be used for the perfbrnaancc °lie;C`— roil Contract and to satisl-y claims,if arty, under any construction performance band. By the 4 ri•nishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bernd,sultject to the C)wner's priority to use the funds fbr the completion of the wort:. Init. AIA Document A31210 a 2010 Payment Bond.The American lnstilute of Architects.All rights reserved,a,FJM4INV,, ov"MIJ"I'[WO! fbG,move i4w,a i v,,,To report j copyright violations of AIA Contract Documents,e-mail The American Institute of Archittcts'legal counsel,oapynght aria org. Packet Pg.644 C.18.a §10 The Surety shall not be liab€e to the Owner,Claimants or others for obligations ofthe Contractor that are unrelated to the Construction Contract.'f lie Owner shall not be liable leer the payment of any costs of-expenses of any Claimant tinder this Bond,and shall have under this Bond no obligation to make payments to,or give notice oat behalf oi,Claimants or otherwise have any obligations to Claimants under this Fond. §11 The Surety hereby waives notice of any change, including changes of time,to the Construction Conn` or-to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court tea' ,Punt jurisdiction in the state in which the project ilia( is the subject ofthe Construction Contract is" A or alter the expiration of one year from the;date(I)on which the Claimant sent a Claim to the Surety p. '11 to Section 5.1.2 or 5.2,or(2)oil which the last labor or service was performed by anyone or the ateriak equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)fit, the � r provisions of this Paragraph are void or prohibited by law,the minimum period of limitation availat, urelies as a defense in the jurisdiction ofthe suit shall be applicable. CL §13 Notice and Claims to the Surety,the Owner or the Contractor shall be "eel or delivered to the address on the page on which their signature appears. Actual receipt of notice of,Cla. "owever accomplished,shall t. sufficient compliance as ofthe elate received. CL §14 When this bond has been l-urnislied to comply Willi a slat, °gal rest. �nt in the k in where the construction was to be performed,any prevision in this' a confliett'A ith said s, "Y Or" t-ecluiremcnt shall be deemed deleted herefrom and provisions conl'or, to such statut or other lei, iient shall be decnted incorporated herein. When so furnished,the is that this Bor, all be construct. i statutory bond and 0 not as a common law bond. §15 Upon request by any person or-entity ap, to be a t mef iciary of this Bond,the C'ontrac:tor and Owner shall promptly i'urnish a copy of this tall pern, -1lty to be made. §16 Definitions >- §16.1 Claim. A written statement by the Claimant atrdi. �I ntinirnta. .1 the narne ofthe(Iliniant, r .2 the name ol'4' f€>r whorrn the or was or materials or equipment furnished, OU .3 a copy ofthe 'a,,, ltrchase o. -pursuaar' which labor-,materials or equipment was Furnished IOr use. ps_ of Construction C'onlraet, .4 a brief'description. labor, �quiprnent furnished; -� 5 the date on which the , grant last pi— _l labor or last furnished materials or equipment for use in � le r•formance of the C. action Contract, 6r=ount earned by r '�imant for labor,materials or equipment furnished as of the date of Clat,. i .7 otal amour. :"us payit,2rits received by the Claimant; and 0 .8 tl, tal amo, 'au W. d to the.0aimaint for Labor,Materials or ecltripment furnished as ofthe � cla, the ill. Claimant.An idual or-entity having.a direct contract Willi the Contractor or with a subcontractor of the Contractor to furnish r,niaterhils or egUipluent for use in the performance of the Construction Contract.1-he term Clainians, ^IlCludes individual or entity that has rightfully asserted a claim under an applicable mechanic's lien � or t= gains, real property upon which the Pro ect is located."l`he intent ofthis Bond shall be to without il<atiot to the terms"labor,materials or celuihmertl"that part of water,gas,power, light,heat,oil, ,'soliiae,teleph( service or rental equipment used in the Construction Contract,architectural and engincering services require x performance ofthe work ofthe Contractor and tile,Contractors subcontractors,and all other ileraas for who mechanic's lien may be asserted in the jurisdiction where th:labor,materials or equipment were i` -ishr<<t §16.3 Construction Contract.'file agreement between the Owner and Contractor identified oil the cover page, including all Contract f)ocuments and all changes made to the agreement and the('o"itraCt 1)ocunaents. Init. A!A Document A31 2M-2010 Payment Bond.The American instituto of Architects.Alf rights reserved. H,'Mt„it: ;is.,,'try, Dw: i,:'mt ­, s±C i 6 d I,r 11 t r•r94"t i an✓ k,,4IM d4Y k oIl Y! €i ti frYP ys¢i4t 2iyr a ",rx;,Y t t i �6 ra tt ( br sa;3n f Ows AV, t �mn fit ,P mqjrurlw,,t, ,,,ae. , v,,nK to ,vv, u�r.t,m,d,rimfVvO p. mflI61.,, mil xill fm pw,x Mk;,1 io Ov,M X,.,aassa a r,xc0 umfin ",A,,loreport copyright violations of AIA Contract Document;,e-mail The American Institute of Architects'legal counsel,eopyrittht@'ra aia.org Packet Pg.645 C.18.a §16.4 owner Default. Failure o'the Owner, which has not been remedied or waived,to pay the('ontractor as regUired larder the Construction Contract or to perform and complete or comply with the ether material terms of the Construction C`orrtract. §16.5 Contract Documents, All the docuo',ents that comprise the agreement between the Owner and Contractor. §17 ll'this Bond is Issued for an agreement between a Contractor and subcontractor, the term r'ontracr this Bend shall be deemed to be Subcontractor and the team Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: CL CL tJ CL I r 0 tJ tJ tv s'}ir-ovit, clar}v ,r(iuclalion al Sigtica/ur s ref-atMecf parties, other Man those cc,)jaem,alas;mi the cover 1)age.) ,.JRACTOR A;+ ZINCIPAL SURETY Company: (C'€q)orcate Seal) (`ompany: WorJ)oa'cate Seal) Signature: lsiame and Tit Ie: lame and Title: Address Address Init. AIA Document A3121"—2010 Payment bland.The American Institute of Architects,All rights reserved.rir3 W'w,,!G s r,,AH,1, is ti,errs>evi€; [IT,A r 1 by t t gat^ r l'0 Lnw n sP I rrr,ei Mi w,I fir Ihino I,oi iris t e p ro(hI Ir"n an di ft ) I'mti ita6 AI A CI,n r.r.;va v,g 'It my t7itsihm of a r, y r,9 i„ r +wil,era l r. 11)"',-as r )"Mw e,.I Sr,I ,J I r., rrsu.r€.,,t+it i,a flw I'Iax!Itmrrr =II"If,p,,.,=ras€+,rs.ua�t ;II('love.To report copyright violations of AIA Contract documnts,e-mail The American Institute of Architects'legal counsel,copyright ri;aiaorg Packet Pg.646 C.18.a CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF LEE CL On this this day of September, 2020. Ch Before me personally came Douglas R. Masch II to me known, who being by me duly sworn, did depose and say he is the President of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the Board of Directors of said corporation and that he signed his name thereto by like order. i Notary Public Signature c Packet Pg.647 C.18.a Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SURETY ACKNOWLEDGMENT STATE OF CL COUNTY OF On this this day of September, 2020. Before me personally came to me known, who being by me duly sworn, U did depose and say he/she is the Attorney-in-Fact of Insurance Company U LU described in and which executed the within instrument; that he/she knows the corporate seal of i said corporation; that the seal affixed to the within instrument is such corporate seal; that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board �-- of Directors of said corporation and by authority of this office under the Standing Resolutions CL thereof.. Notary Public Signature 0 Packet Pg.648 C.18.a This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, ®� Liberty Mutual Insurance Company Liber The Ohio Casualty Insurance Company Certificate No:8200288-969516 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is noration duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constil a appoint, Marc J. Michalewsky;Sandra A.Pace;Thomas M.True;Lisa A.Anderson;Kemal Brkanovic;Cheryl R.Coleman;Mary J.D'Amato;Rachael F all of the city of Westfield state of NJ each individually if there be more than one namr ue and lawful attor, act to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizo d other surety oh s,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the seta the Comr ntheir own proper persons. r IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals L. tripanies have been-; thereto this 14th day of_January_, 2019 CIL I iberty Mutual Insurance Company 1NSU ^tf IN84, Ohio Casualty Insurance Company , merican Insurance Company 1912 19CO 19 1991 C 4 � di 1. N �4etfg D C) NArars^E Y ""Nnip.a+« ` Ar h # +d M.Carey, ant Secre" @ State of PENNSYLVANIA 3 County of MONTGOMERY ss 0 ay On this 14th day of January_, 2019 before me personally appeared Db. "arey,who acknr ad himself to be the Assistant Secretary of Liberty Mutual Insurance e It o 3 Company,The Ohio Casualty Company,and West American Insurance Company,and to as such,h° thorized so to do,execute the foregoing instrument for the purposes'— ay > therein contained by signing on behalf of the corporations by himself as a dtj' Ihorized offic, c1°i I B (D > I IN WITNESS WHEREOF,I have hereunto subscribed my name and affixe, 11 seal at Ki% sia,Pennsylvania,on the day and year first abovewritten. �y c•N � y, o� O �rsis; c COMW EAR 'ENNSYLVAN.. eA-, ` +fit ,kv Notar Q%� -4/ O. O �k � Tere. Stella o -bile ` W p Upper Men p Mom; "ounty % r C My CommisL xpires Me 121 eresa Pastella,Notary Public Member,Penney Assoclatlon L dCIL (B (UN N' �a) This Power of Attorney is made and executed pursu, qd by )f the t, ing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w' CD o c Insurance Company,and West American Insurance Comp, `h resolu,, 1w, 'I force and effect reading as follows: o E a; ARTICLE IV-OFFICERS:Section 12.Power of Attorney CO o @ Any officer or other offici- the Corporation authorized ourpose in writw oy the Chairman or the President,and subject to such limitation as the Chairman or the President may prescrib such attorneys-in-fact,s ')e necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety > co co c any and all undertakings As, and other surety a ns.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s, have full power to bind tl rporatio[, ,ature and exec, J any such instruments and to attach thereto the seal of the Corporation.When so executed,such Z :33 instruments shall be as bin, is if signed by and attestrd to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the w provisions of this article may, oked at ar, ,by Chairman,the President or by the officer or officers granting such power or authority. oc ARTICLE XIII-Execution of( acts, in 5.Surety Bonin"and Undertakings. 0; A- `the Company auth .,at purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,F Bch attorneys-in-fay nay be necessary to act in behalf of the Company to make, execute,seal,acknowledge and deliver as surety any and all undertakings, ,ands,recognizances and other su, hligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the o Company by their signature and exe of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the pr^ + ftested b, ecretary. )rtificate of r 'dent of company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- .,ssary to act of alf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety Authorization-By unanimous cr i of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearinn a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same forr- -i effect- ,n manually affixed. I,Renee C.G. _,,dersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set ray hand and affixed the seals of said Companies this 18th day of September 2019 . 912 0 �1919 1991 0 rt:G 0 p BY'it' 4AM0 a*u Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 Packet Pg.649 X LIBERTY MUTUAL INSURANCE COMPANY W-1mutual 1-11NANCIAL STATEMENT—DECEMBER 31,2018 SURr1v Assets Liabilities Cash and Bank Deposits ... $464,34 1,712 Unearned Prerniums.................---....--.......... -07,851,429,449 *Bonds—US Government........... ................—...... 2,259,714,810 Reserve for Claims and Claims Expense,,.., 20,165,,209,300 *01her Bonds......... ......... ...... 11,864,776,740 Funds Held Under Reinsurance Trentic, 3945-1)5,327 Reserve for Dividends to Policyhoirl 1,529 *Stocks 16,527,715,226 Additional Statutory Reserve..--., 4,866,000 Real Estate..,,...,,, ........ ................... 255,809,551 Reserve for Commissions,'rexes and Agents' Balances or Uncollecled Premiums......... 5,817,927,234 Other Liabilities ...... 3i999,82202 Accrued Interest and Rents-......... 108,139,840 Total A2,465,234 CL Other Admitted Assets...................................—... 11,532,13 9,744 Special Surplus i"Inds—.... $43,108,583 Capital Siock—L 10,000,000 Paid in Surplus...... 10,044,912,727 Unags"- ,"Irplus,... 6,267,309,13t' CL Total Admitted L4 ...-1...4--, E LKM&d= tl— licyliola, 16,365,330,449 .a]Liabilitit d Surplus, 0 Bonds are stated at amortized u, wtrncnt value:;'' s at Association Maitcet Values. The foregoing financial inforroalib kcr)froo. 'rty Mutual Insurance Company's(inancial statement filed with tb, teof`Mass. Ity .4rtment orhisurance. 1,TIM MIKOLAJEWSK.1, Assistant Secretary of Liben lu surance G v, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities orsaid Corp, ion, T)crember '118,to the best(if my knowledge and bcliel. IN WITNESS WHEREOF, I have hr° -4o set my hand ana iced 1h, of said Corporation A Seattle, Washington,this 22nd day of March,2019, CL Assistant Secretary CJ CJ Packet Pg. 650 C.18.b CL DIVISION III GENERAL PROVISIONS N 2 CL Packet Pg.651 C.18.b DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS................................................................................... III-1 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS........................................ III-6 SECTION 30 -AWARD AND EXECUTION OF CONTRACT................................................... III-9 SECTION 40 SCOPE OF WORK III-11 SECTION 50 - CONTROL OF WORK.....................................................................................III-14 SECTION 60 CONTROL OF MATERIALS III-21 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .................... III-25 SECTION 80 - PROSECUTION AND PROGRESS................................................................ III-33 c SECTION 90 - MEASUREMENT AND PAYMENT.................................................................III-39 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM .....................................III-44 i SECTION 110- Not Used....................................................................................................III-49 SECTION 120- Not Used....................................................................................................III-49 y SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION .............III-50 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CL CONTRACTORS AND SUBCONTRACTORS.............................................III-51 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ....................... III-61 c SECTION 160 - CONSTRUCTION CONTRACT CLAUSES AIRPORT N .� IMPROVEMENT PROGRAM........................................................................III-77 a- SECTION 170 - BUY AMERICAN PREFERENCES............................................................. III-104 SECTION 180 - CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS.................................................................III-107 GENERAL PROVISIONS Packet Pg.652 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. CL 10-02 ADDENDUM. .A modification of the plans or other Contract documents issued by the Program Manager and distributed to prospective bidders prior to the opening of the proposal. 10-03 AIR The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-04 AIRPORT NOISE PROGRAM COORDINATOR. The individual, partnership, firm, or 0 corporation duly authorized by the Owner (Sponsor) to be the Owner's representative and LU acting directly or through an authorized representative. i 10-05 ARCHITECT. An authorized representative of the Program Manager responsible for architectural supervision of the contract work. 10-06 ASTM. The American Society for Testing and Materials. 10-07 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-08 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to 0. guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. c 10-10 CALENDAR DAY. Every day shown on the calendar. T) 10-11 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONSTRUCTION MANAGER. An authorized representative of the Program Manager responsible for day-to-day oversight of the Contract Work, and assigned to make all necessary inspections and/or tests of the Work performed or being performed, or of the materials furnished or being furnished by the Contractor. GENERAL PROVISIONS III-1 Packet Pg.653 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 10-14 CONTRACT. The written agreement covering the Work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-15 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 Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10-16 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-17 CONTRACT TIME. The number of calendar days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar days, the contract shall be completed by that date. 0 10-18 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the Work contracted and for the payment of all legal debts pertaining i to the Work who acts directly or through lawful agents or employees to complete the contract work. �- 10-19 ENVIRONMENTAL SPECIALIST. An authorized representative of the Program Manager responsible for environmental supervision of the contract work. N 10-20 ENGINEER. An authorized representative of the Program Manager responsible for engineering supervision of the contract work. 0. 10-21 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the Work. c 10-22 EXTRA WORK. An item of work not provided for in the awarded contract as previously T)_ modified by change order or supplemental agreement, but which is found by the Program Manager to be necessary to complete the Work within the intended scope of the contract as previously modified. E 10-23 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-24 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-25 INSPECTOR. An authorized representative of the City of Key West Building Department assigned to make all necessary inspections and approvals of the Work performed or being GENERAL PROVISIONS III-2 Packet Pg.654 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 performed by the Contractor. 10-26 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Program Manager is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Program Manager, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications CL or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-27 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Program Manager. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. i 10-30 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, >- that are prepared and issued by the Department of Defense. 10-31 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on T which the contract time begins. 0. 10-32 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the contract (i.e., the Monroe County Board of County Commissioners). For AIP contracts, the term Sponsor shall have the same meaning as the term Owner. c 10-33 OWNER'S (SPONSOR'S) REPRESENTATIVE. The individual, partnership, firm, or T)_ corporation duly authorized by the Owner (Sponsor) to be the Owner's representative and acting directly or through an authorized representative (i.e., the Airport Noise Program Coordinator). E 10-34 PAVEMENT. The combined surface course, base course, and sub base course, if any, considered as a single unit. 10-35 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the Work. 10-36 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the Work in accordance with the terms of the contract. GENERAL PROVISIONS III-3 Packet Pg.655 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 10-37 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the Work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-38 PROJECT. The agreed scope of work for accomplishing specific airport noise mitigation with respect to a particular airport. 10-39 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications. 10-40 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. 10-41 PROGRAM MANAGER. The individual, partnership, firm, or corporation duly authorized by the Owner (Sponsor) to be responsible for supervision of the contract work and acting directly or through an authorized representative. 10-42 PROPERTY. The individual condominium unit at Key West By the Sea located at 2601 S. Roosevelt Blvd, Key West FL. 10-43 PROPERTY OWNER. The individual(s), partnership, firm, or corporation holding title to i a condominium unit. 10-44 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or material involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. N 10-45 SPECIFICATIONS. A part of the contract containing the written directions and 0. requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-46 SPONSOR. Shall mean the same as Owner. c 10-47 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor T with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the Work. 10-48 SUBGRADE. The soil which forms the pavement foundation. 10-49 SUPERINTENDENT. The Contractor's executive representative who is present on the Work during progress, authorized to receive and fulfill instructions from the Program Manager, and who shall supervise and direct the construction. 10-50 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. GENERAL PROVISIONS III-4 Packet Pg.656 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 10-51 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 10-52 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. 10-53 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces CL engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 0 LU N CL N GENERAL PROVISIONS III-5 Packet Pg.657 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The Owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and place for submitting sealed proposals; a description of the 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 bids. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the Work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is >- submitted to the Owner. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to .0 the Owner at the time of the bid opening. 0 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. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the Owner. D. Unsatisfactory work on previous contracts with the Owner. GENERAL PROVISIONS III-6 Packet Pg.658 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. NOT USED. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the Proposal, Plans Specifications, and Contract Forms. He/she shall satisfy himself/herself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the proposed Contract, Plans, and Specifications. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the i president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or >- corporation. -- Respondent shall submit one (1) copy in electronic format (CD or thumb drive) and one hard - copy print of the bid proposal. 0 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. GENERAL PROVISIONS III-7 Packet Pg.659 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 0 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: i A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating - bidder has been reinstated by the Owner as a qualified bidder. 0 C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 c N GENERAL PROVISIONS III-8 Packet Pg.660 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR _ PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in ca conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the Work otherwise. All i such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made �-- within 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. .N T Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without a liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 2 N .2: 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the Work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the Work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless GENERAL PROVISIONS III-9 Packet Pg.661 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15-calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. i END OF SECTION 30 N 0. N GENERAL PROVISIONS III-10 Packet Pg.662 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the Work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the Work in accordance with the Plans, Specifications, 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 Program Manager 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 Program Manager. Change orders for altered work shall include extensions of contract time where, in the Program Manager'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 .0 supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 0. 76 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 .5 contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Program Manager 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 non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. GENERAL PROVISIONS III-11 Packet Pg.663 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Program Manager's opinion, is necessary for completion of such Extra Work. When determined by the Program Manager 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 CL 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. With respect to his/her own operations and the i operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel; equipment; vehicles; storage areas; and any work >- area or condition that may be hazardous. -- 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 .N 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 E incidentals necessary for providing the maintenance of vehicular traffic as specified in this subsection. The cost of maintaining the vehicular traffic specified in this subsection shall not be measured or paid for directly but shall be included in the various contract items. 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. Material cleared from the site and deposited on adjacent property will not be considered as GENERAL PROVISIONS III-12 Packet Pg.664 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 having been disposed of satisfactorily, unless the Contractor has obtained the written permission from the owner of such property. END OF SECTION 40 CL LU N 2 CL N GENERAL PROVISIONS III-13 Packet Pg.665 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE PROGRAM MANAGER. The Program Manager 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 Program Manager shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the Contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the dimensions, material requirements, 0. _ and testing requirements that are specified (including specified tolerances) in the Contract, Plans or Specifications. If the Program Manager 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 ca 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 i his/her determination that the affected work be accepted and remain in place. In this event, the Program Manager 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 Program Manager's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as T 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 Program Manager 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 Program Manager'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 Program Manager'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 Program Manager's opinion, such compliance is essential to provide an acceptable finished portion of the Work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Program Manager with the authority to use good 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 AIP contracts, the Program Manager should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in GENERAL PROVISIONS III-14 Packet Pg.666 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 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 cited FAA 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 Program Manager 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/she 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. i The Contractor shall give constant attention to the Work to facilitate the progress thereof, and >- he shall cooperate with the Program Manager and his/her inspectors and with other contractors in every way possible. The Program Manager shall allocate the Work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have - a competent superintendent on the Work at all times who is fully authorized as his/her agent on the Work. The Superintendent shall be capable of reading and thoroughly understanding the 0. Plans and Specifications and shall receive and fulfill instructions from the Program Manager or 76 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. c When separate contracts are let within the limits of any one 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. GENERAL PROVISIONS III-15 Packet Pg.667 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 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 Program Manager for his/her decision. CL 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the Work shall be subject to inspection by the Program Manager. The Program Manager shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the CL Contractor as is required to make a complete and detailed inspection. If the Program Manager 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 0 examination, the Contractor shall restore said portions of the Work to the standard required by LU 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 i 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 CL writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing a 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 .N 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 E unacceptable, unless otherwise determined acceptable by the Program Manager 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 Program Manager, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without GENERAL PROVISIONS III-16 Packet Pg.668 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Program Manager made under the provisions of this subsection, the Program Manager will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due the Contractor. 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 CL 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 CL 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 i the Work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Program Manager 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. N Should the Contractor fail to respond to the Program Manager's notification, the Program Manager may suspend any work necessary for the Sponsor to correct such unsatisfactory 0. 76 maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Sponsor, shall be deducted from monies due or to become due the Contractor. a 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable portion of the Work, the occupancy of which will 2 benefit the Property Owner, he may request the Program Manager to make final inspection of >_ that Unit of Work. If the Program Manager finds upon inspection that the unit has been 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 of Work. Such partial acceptance and beneficial occupancy by the Property 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 Program Manager and Property 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 Program Manager 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 GENERAL PROVISIONS III-17 Packet Pg.669 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 Program Manager 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 Program Manager 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/she shall notify the Program Manager in writing of his/her intention to claim such additional compensation before he/she begins the Work on which he/she bases the claim. If such notification is not given or the Program Manager 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 Program Manager 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 Program Manager who will present it to the Owner for consideration in accordance with local laws or ordinances. ca Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final i 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 shalF be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may - N be considered defective. > 0 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 accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. c 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 Program Manager, the following requirements must be satisfied by the Contractor before final payment can be made: A. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Program Manager a minimum of once a week for four consecutive weeks. B. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS. C. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT. GENERAL PROVISIONS III-18 Packet Pg.670 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 D. 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. E. 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. F. If any purchased items have been incorporated in the Work, the Contractor must furnish a letter on his letterhead assigning those warranties to the Property Owner. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. CL G. In addition to the above, the Contractor shall 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 Program Manager 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 the Drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations i and dates shown. Neither the Owner nor the Program Manager shall be responsible for making the determination of water table 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 N 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 Program Manager for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him/her 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. N 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. GENERAL PROVISIONS III-19 Packet Pg.671 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 c i N 0. N GENERAL PROVISIONS III-20 Packet Pg.672 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the Work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Program Manager 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 Program Manager's option, materials may be approved at the source of supply before delivery is slated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the Work shall c be reviewed by the Program Manager before incorporation in the Work. Any work in which ca untested materials are used without approval or written permission of the Program Manager shall be performed at the Contractor's risk. Materials found to be unacceptable and i unauthorized will not be paid for and, if directed by the Program Manager, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited >- standard methods of ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to .N or during incorporation into the Work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Program Manager 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 Program Manager. 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: GENERAL PROVISIONS III-21 Packet Pg.673 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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/she shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Program Manager shall be the sole judge as to whether the proposed "or equal" is suitable for use in the Work. The Program Manager reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Program Manager 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 Program Manager conduct plant inspections, the following conditions shall exist: A. The Program Manager shall have the cooperation and assistance of the Contractor and the producer with whom he/she has contracted for materials. i B. The Program Manager shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being >- furnished. C. If required by the Program Manager, 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. 0. 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 Program Manager shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. c 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the T)_ Program Manager 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 Program Manager or otherwise necessary for E the proper execution of the Work. At the time of each submission, the Contractor shall in writing call the Program Manager'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 Program Manager. GENERAL PROVISIONS III-22 Packet Pg.674 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 The Program Manager's review of shop drawings or samples will not relieve the Contractor from his/her responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Program Manager's attention to such deviations at the time of submission and the Program Manager has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 PROGRAM MANAGER'S FIELD OFFICE AND LABORATORY. The Contractor shall furnish for the duration of the project one building for the use of the field Program Managers and inspectors, as a field office. This facility shall be an approved weatherproof building meeting the current State Highway Specifications (for example, Class I Field Office or Type C Structure). This building shall be located conveniently near to the construction. The Contractor shall furnish a photocopy machine, water, sanitary facilities, heat, air conditioning, and electricity. 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 Program Manager. 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 Program Manager. Private property shall not be used for storage purposes without written permission from 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 i request, the Contractor shall furnish the Program Manager a copy of the owner's permission. All storage sites on private 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. - N 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the 0. 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 Program Manager. 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 Program Manager has N approved its use in the Work. Pursuant to 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. GENERAL PROVISIONS III-23 Packet Pg.675 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 0 LU N 2 CL N GENERAL PROVISIONS III-24 Packet Pg.676 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 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/herself 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/she shall provide for such use by suitable legal agreement with the patentee or Owner. The ca 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 i 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. Should the owner of a - .N public or private utility service, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the Work, the Contractor shall cooperate with such owners by arranging and performing the Work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as Extra Work by the Program Manager, 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 AIP 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 FAA, and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. GENERAL PROVISIONS III-25 Packet Pg.677 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of 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 public as i 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. 0 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 a Government Printing Office). The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards 9 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 Program Manager. 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. 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 Program Manager 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 GENERAL PROVISIONS III-26 Packet Pg.678 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 non-execution thereof by the Contractor, he/she shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he/she 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 Program Manager 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," 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 i 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/she is �-- adequately protected by public liability and property damage insurance. N 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 2 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. c N No portion of the Work may be opened by the Contractor for public use until ordered by the >_ Program Manager 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 Program Manager, 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. GENERAL PROVISIONS III-27 Packet Pg.679 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Program Manager'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 non-execution 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, seeding, and sodding 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, or a utility service of another government agency that may be authorized i 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. �-- It is understood and agreed that the Sponsor does not guarantee the accuracy or the - .N 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 0. 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. 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. .N .2: 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 Program Manager. The Contractor's failure to give the two-day's notice hereinabove provided shall be cause for the Program Manager 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 GENERAL PROVISIONS III-28 Packet Pg.680 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ground, the Contractor shall be required to use excavation methods acceptable to the Program Manager within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Program Manager 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 Program Manager continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. CL 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. CL 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. c 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 Program Manager, his/her authorized representatives, or any officials of the i 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 stop the Owner from correcting any measurement, > estimate, or certificate made before or after completion of the Work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's >_ rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all federal, state, E and local laws and regulations controlling pollution of the environment. He/she shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumen, 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 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. GENERAL PROVISIONS III-29 Packet Pg.681 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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. CL When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Program Manager, his schedules for accomplishment of temporary and permanent erosion CL 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 Program Manager. 0 All bituminous and Portland cement concrete proportioning plants shall meet state requirements. LU i 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. A. Control of Water Pollution and Siltation. N 1) All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. CL 76 2) All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. 3) Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, v, streams, lakes or reservoirs. The surface area or erodible land, either on or off the Project Site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Program Manager 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 area of erodible land exposed to the elements. 4) Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. GENERAL PROVISIONS III-30 Packet Pg.682 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 5) Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. 6) The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Program Manager. 7) The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. 8) Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the CL sediment content to a level acceptable to the local and/or state governmental enforcing agent. 9) All waterways shall be cleared as soon as practicable of false work, 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. 0 10)The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the LU permanent erosion control measures until the Contract has been completed and i accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. 11)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 2 .N the proper time, shall be repaired at the Contractor's expense. 0 B. Not Used. CL C. Control of Other Air Pollutants. 1) Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. 2) Grading areas shall be kept at proper moisture conditions. N 3) Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. 4) Temporary roads, haul routes, traffic or work areas shall be stabilized with dust E palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. 5) Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. 6) Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. 7) Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. 8) Applications of chemicals and bitumens shall be held to recommended rates. GENERAL PROVISIONS III-31 Packet Pg.683 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 9) Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. 10) Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. 11)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 Program Manager. 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 Program Manager. The Program Manager will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. 0 Should the Program Manager order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, i 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. > 0 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has 76 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 2 N herein. The Contractor shall maintain such required insurance in force during the life of this > Contract, and no 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 subcontracts entered into pursuant to this Contract, that the Contractor and any subcontractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 GENERAL PROVISIONS III-32 Packet Pg.684 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Program Manager. 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 Program Manager. 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. 0 80-03 NOTICE TO PROCEED. To avoid the Contractor being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days i provided in the Contract to complete construction, two (2) Notices to Proceed will be issued as follows:A. Notice to Proceed — Permits will be issued within five (5) days following award of contract and from which date contract time will be charged. N B. Notice to Proceed — Construction: will be issued only after the Contractor has obtained all the necessary construction permits, has sufficient stored materials and 2 has completed all required site mobilization. Notice to Proceed - Construction will state the date on which it is expected the Contractor will begin the construction. See Division IV—Special Provisions, Special Provision No. 2 for further information. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall .2 submit his/her progress schedule for the Program Manager's approval within 10 days after the >_ effective date of the Notice to Proceed - Permits. The Contractor's progress schedule, when approved by the Program Manager, 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 Program Manager'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 Program Manager at least 24 hours in advance of resuming operations. For Al contracts, the Contractor shall not commence any actual construction prior to the date GENERAL PROVISIONS III-33 Packet Pg.685 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 on which the Notice to Proceed - Construction is issued by the Owner. 80-05 LIMITATION OF OPERATIONS. Not Used 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 facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the Work are not prescribed in the Contract, the Contractor is free to use any methods or equipment that will 0 accomplish the Work in conformity with the requirements of the Contract, Plans, and Specifications. i When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Program Manager. If the >- Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Program Manager 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 Program Manager 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 a 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 Program Manager may direct. No change will be made in basis of payment for the contract items involved nor in .N contract time as a result of authorizing a change in methods or equipment under this > subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Program Manager shall have the E 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 Program Manager, 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 Program Manager's order to suspend work to the effective date of the Program Manager's order to resume the Work. GENERAL PROVISIONS III-34 Packet Pg.686 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Claims for such compensation shall be filed with the Program Manager within the time period stated in the Program Manager's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Program Manager will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the CL 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 Project Site. 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 0 be adjusted as follows: LU A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the i Program Manager. The Program Manager 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 LU LU 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). N The Program Manager 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 N 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 Program Manager for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Program Manager will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Program Manager will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Program Manager 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. The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Program Manager's weekly GENERAL PROVISIONS III-35 Packet Pg.687 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. 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 non-work days. All calendar days elapsing between the effective dates of the Program Manager's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. 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 Program Manager for an extension of time setting forth the reasons which he/she 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 Program Manager finds that the Work was delayed because of conditions beyond the control and without the fault of the Contractor, he/she 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 i 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 (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 N 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 0. 76 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. In addition to liquidated damages, in the event the Contractor fails to reach final completion in accordance with the approved construction schedule for a unit, they will be issued five (5) Deficiency Points (per unit) for each additional day required to reach final completion of the unit. .T In the event a Contractor fails to reach final completion in the allotted time period of a KWBTS condominium, the Contractor shall be required to provide pre-paid hotel accommodations for the Property Owner(s) (or authorized tenant(s)) at a 4-5 star rated hotel in the Key West or Stock Island area, as well as provide a $100 per diem certificate, for each additional day required to complete the Work. 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 GENERAL PROVISIONS III-36 Packet Pg.688 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 CL 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. 0 Should the Program Manager consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's LU surety as to the reasons for considering the Contractor in default and the Owner's intentions to i terminate the Contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Program Manager of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the Work out of the hands of the Contractor. The Owner may appropriate or use any or all CL materials and equipment that have been mobilized for use in the Work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Program Manager will be a required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the Work under contract, will be deducted from any monies due or which may become due the >_ Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. GENERAL PROVISIONS III-37 Packet Pg.689 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the Work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the Work and that are not incorporated in the Work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Program Manager. c Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the Work performed. i END OF SECTION 80 y N 2 0. N GENERAL PROVISIONS III-38 Packet Pg.690 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Program Manager, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. CL Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse CL measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Program Manager. Structures will be measured according to neat lines shown on the Plans or as altered to fit field 0 conditions. LU ca Unless otherwise specified, all contract items which are measured by the linear foot such as i electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. >- The term "lump sum" when used as an item of payment will mean complete payment for the Work described in the Contract. - N When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit CL of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary a traveling time of the equipment within the limits of the Work. Special equipment ordered by the Program Manager in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. When the estimated quantities for a specific portion of the Work are designated as the pay quantities in the Contract, they shall be the final quantities for which payment for such specific portion of the Work will be made, unless the dimensions of said portions of the Work shown on the Plans are revised by the Program Manager. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. GENERAL PROVISIONS III-39 Packet Pg.691 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the Work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the Contract, Plans, or Specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS i of Section 40, the Program Manager shall have the right to omit from the Work (order nonperformance) any contract item, except major contract items, in the best interest of the >- Owner. -- Should the Program Manager omit or order nonperformance of a contract item or portion of 2 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 Program Manager's order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the Work prior to the date of the a Program Manager's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. c In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for >_ all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Program Manager's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra Work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the Extra Work. When the change order or supplemental agreement authorizing the Extra Work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein GENERAL PROVISIONS III-40 Packet Pg.692 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 provided. B. Comparison of Record. The Contractor and the Program Manager shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Program Manager or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Program Manager with duplicate itemized statements of the cost of such force account work detailed as follows: 1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. CL 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. LU Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation y claimed represent the actual cost to the Contractor. N 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the Work progresses. Said payments will be based upon estimates prepared by the Program 0. Manager of the value of the work performed and materials complete in place in accordance with the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. c No partial payment will be made when the amount due the Contractor since the last estimate N amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the Work has been completed the Program Manager may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the Work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. GENERAL PROVISIONS III-41 Packet Pg.693 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Program Manager to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the Work, provided that such materials meet the requirements of the Contract, Plans, and Specifications and are delivered to an insured warehouse located in the project area or at an alternate site approved by the Program Manager. In the event the approved insured warehouse site is not located immediately within the project area, the Contractor will be required to have a minimum of two (2) weeks of required materials stored on site at all times. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: c A. The material has been stored or stockpiled in a manner acceptable to the Program Manager at or on an approved site. B. The Contractor has furnished the Program Manager with acceptable evidence of the i quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Program Manager with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the Sponsor legal title (free of liens or encumbrances 2 of any kind) to the material so stored or stockpiled. 2 E. The Contractor has furnished the Program Manager evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and N Specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the Owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. GENERAL PROVISIONS III-42 Packet Pg.694 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the Owner. D. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Program Manager will prepare the final estimate of the items of work actually performed. _ The Contractor shall approve the Program Manager's final estimate or advise the Program Manager of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by change order or supplemental agreement. The Contractor and the Program Manager shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Program Manager's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Program Manager's estimate under protest of the quantities in dispute, and such disputed quantities shall i be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Program Manager's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments N and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 0. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. N END OF SECTION 90 E GENERAL PROVISIONS III-43 Packet Pg.695 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, Technical Specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract Technical Specifications, the Contractor shall assume full CL responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: CL A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Program Manager that the specification requirements can be met. 0 C. Allow the Contractor as much latitude as possible to develop his or her own standard LU of control. i The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any W construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Program Manager. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control ') Program has been reviewed. CL The quality control requirements contained in this section and elsewhere in the contract Technical Specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Program Manager. 100-02 DESCRIPTION OF PROGRAM. N A. General Description. The Contractor shall establish a Quality Control Program to >_ perform inspection and testing of all items of work required by the Technical Specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the Technical Specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Program Manager prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Program Manager for review at least GENERAL PROVISIONS III-44 Packet Pg.696 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 seven (7) calendar days before the Preconstruction Conference. The Quality Control Program shall be organized to address, as a minimum, the following items: 1) Quality control organization; 2) Project progress schedule; 3) Submittals schedule; 4) Inspection requirements; 5) Quality control testing plan; CL 6) Documentation of quality control activities; and 7) Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 0 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An i organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and >_ personnel. The organizational chart shall identify all quality control staff by name and function and shall indicate the total staff required to implement all elements of the Quality Control Program, T including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03A and 100-03B. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. c The quality control organization shall consist of the following minimum personnel: T A. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 10 years of experience in construction and shall have had prior quality control experience on a project of comparable size and scope as the Contract. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the Contract Plans and Technical Specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians GENERAL PROVISIONS III-45 Packet Pg.697 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 necessary to adequately implement the Quality Control Program shall be provided. These personnel shall have a minimum of 5 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1) Inspection of all materials, construction, plant, and equipment for conformance to the Technical Specifications, and as required by Section 100-06. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the Work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and _ pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the Contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. i The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the Contract. W Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the Contract. N 2 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all 0. submittals and shop drawings required by the Technical Specifications. The listing can be developed in a spreadsheet format and shall include: A. Specification item number; B. Item description; N C. Description of submittal; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. E 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper GENERAL PROVISIONS III-46 Packet Pg.698 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 operating condition and to ensure that all such operations are in conformance to the Technical Specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. Not Used 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features and must include a statement that all supplies and materials incorporated in the Work are in full compliance with the terms of the Contract. Legible copies of these records shall be furnished to the Program Manager daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. 0 Specific Contractor quality control records required for the Contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Program Manager. These technician's daily reports shall provide factual evidence that continuous quality control inspections y have been performed and shall, as a minimum, include the following: 1) Technical specification item number and description; > 2) Compliance with approved submittals; 0. 3) Proper storage of materials and equipment; 4) Proper operation of all equipment; 5) Adherence to plans and Technical Specifications; c 6) Review of quality control tests; and N 7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location E and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Program Manager shall be provided at least one copy of each daily inspection report on the work day following the day of record. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the GENERAL PROVISIONS III-47 Packet Pg.699 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Quality Control Program as a whole, and for individual items of work contained in the Technical Specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the Technical Specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE PROGRAM MANAGER. All items of material and equipment shall be subject to surveillance by the Program Manager at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable Technical Specifications and Plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Program Manager at the site for the same purpose. 0 Surveillance by the Program Manager does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. i 100-11 NONCOMPLIANCE. A. The Program Manager will notify the Contractor of any noncompliance with any of y the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Program N Manager or his/her authorized representative to the Contractor or his/her authorized representative at the site of the Work, shall be considered sufficient notice. 0. B. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where the Contractor fails to a properly operate and maintain an effective Quality Control Program, as determined by the Program Manager, the Program Manager may: c 1) Order the Contractor to replace ineffective or unqualified quality control N personnel or subcontractors. 2) Order the Contractor to stop operations until appropriate corrective action is taken. E END OF SECTION 100 GENERAL PROVISIONS III-48 Packet Pg.700 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) Not Used CL i N 2 0. SECTION 120 NUCLEAR GAUGES c Not Used GENERAL PROVISIONS III-49 Packet Pg.701 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, 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, maintenance or operations. The Contractor will be required to comply with all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 130 2 c i N 0. N GENERAL PROVISIONS III-50 Packet Pg.702 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this 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, which are made part of this Contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by .� the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Owner as specified below. Delays in the commencement of work resulting _ from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Contract and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this Contract and any extensions specified in any attached schedules. Failure to comply with this provision i may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the Work resulting from the failure of the >- Contractor to maintain the required insurance shall not extend deadlines specified in this Contract and any penalties and failure to perform assessments shall be imposed as if the Work had not been suspended, except for the Contractor's failure to maintain the required insurance. 0 The Contractor shall provide to the Owner as satisfactory evidence of the required insurance either: • Certificate of Insurance, or • A certified copy of the actual insurance policy. c The Owner, at its sole option, has the right to request a certified copy of any or all insurance T_ policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the Owner by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this Contract or imposed by law. The Monroe County Board of County Commissioners, and Key West By The Sea Association, Inc., their employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Contractor shall ensure all sub-contractor's agreements require the subcontractor to list Monroe County and Key West By The Sea as "Additional Insured" on all policies, except for Workers' Compensation. GENERAL PROVISIONS III-51 Packet Pg.703 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County-prepared form entitled "Request for Waiver of Insurance Requirements" and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage 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 bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits WC1 Employer's Liability ELOLW\ $100,000/$500,000/$100,000 2 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 0 WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 U.S. Longshoremen & Harbor i WCUSLH Same as Employer's Liability Workers Act WCJA Federal Jones Act Same as Employer's Liability y GENERAL LIABILITY > 0. As a minimum, the required general liability coverage will include: 76 • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal injury • Expanded Definition of Property Damage N Required Limits: $100,000/person; $300,000/occurrence GL1 $ 50,000 property damage or $300,000 combined single limit $250,000/person; $500,000/occurrence GL2 $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $....1..00,000 property damage...................................or .............................................................................................................................................................................................. $1,000,000 combined single limit GENERAL PROVISIONS III-52 Packet Pg.704 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned, Non-owned and Hired vehicles 0 Required Limits: $ 50,000/person; $100,000/occurrence i VLI $ 25,000 property damage or $100,000 combined single limit $100,000/person; $300,000/occurrence VL2 $ 50,000 property damage or N $300,000 combined single limit 0 $ 500,000/person; $1,000,000/occurrence VL3 X $ 100,000 property damage or $1,000,000 combined single limit a VL4 $5,000,000 combined single limit c N GENERAL PROVISIONS III-53 Packet Pg.705 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 MISCELLANEOUS COVERAGES REV. 09/12 BR1 X Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max. value of any one shipment PR01 Professional Liability $250,000/occurrence PR02 $500,000/occurrence P R03 $1,000,000/occurrence P01-1 Pollution Liability $500,000/occurrence PO L2 $1,000,000/occurrence _ POD $5,000,000/occurrence ED1 Em to ee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 $25,000/vehicle c GK2 Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 Medical $500,000/$1,000,000 Agg. >- •ED2 I Professional $1,000,000/$3,000,000 Agg. •ED3 $5,000,000/$10,000,000 Agg. N IF Installation Floater Max. Value of Equip. Installed CL VLP1 Hazardous $300,000 (Requires MCS-90 VLP2 Caro $500,000 (Requires MCS-90 VLP3 Trans orter $1,000,000 (Requires MCS-90 BLL Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 `5 H KL2 $500,000 H KL3 $1,000,000 E AIR1 Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS III-54 Packet Pg.706 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY: DEDUCTIBLES: c Liability Policies are: ❑ Occurrence ❑ Claims Made N Insurance Agency Signature 0. BIDDER'S STATEMENT T) I understand the insurance that will be mandatory if awarded the Contract and will comply in full with all the requirements. Bidder Signature GENERAL PROVISIONS III-55 Packet Pg.707 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA CL 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: ca • $1,000,000 Bodily Injury by Accident i • $1,000,000 Bodily Injury by Disease, policy limits • $1,000,000 Bodily Injury by Disease, each employee y Coverage shall be maintained throughout the entire term of the Contract. N Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1 as 0. 76 assigned by the A.M. Best Company. If the Contractor has been approved by the Florida Department of Labor as an authorized self-insurer, the Owner shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. T) If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the Owner. GENERAL PROVISIONS III-56 Packet Pg.708 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA CL AND Prior to the commencement of work governed by this Contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the Contract and include, as a minimum: • Premises Operations • Products and Completed Operations - Blanket Contractual Liability i • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: N • $1,000,000 Combined Single Limit (CSL) 0. If split limits are provided, the minimum limits acceptable shall be: • $ 500,000 per person • $1,000,000 per occurrence c • $ 100,000 property damage N An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-57 Packet Pg.709 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA CL AND Recognizing that the Work governed by this Contract requires the use of vehicles, the Contractor, prior to the commencement of work shall 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 i The minimum limits acceptable shall be: • $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: N • $ 500,000 per person • $1,000,000 per occurrence • $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. N GENERAL PROVISIONS III-58 Packet Pg.710 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA CL AND The Contractor shall be required to purchase and maintain, throughout the life of the Contract, and until the project is accepted by the Owner, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: 0 • Theft • Aircraft i • Windstorm • Vehicles • Hail N • Smoke > 2 • Explosion • Fire • Riot • Collapse N • Civil Commotion • Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the Property Owners to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. GENERAL PROVISIONS III-59 Packet Pg.711 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ASBESTOS ABATEMENT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND CL Recognizing that the work governed by this contract involves the installation, removal, transporting or disposal of asbestos material, the Contractor will purchase and maintain Asbestos Abatement Liability Insurance with limits no less than $2,000,000. If the policy is structured on a "Claims Made Basis" the policy must contain a "Retroactive Date" of no later than the commencement of work and will have an extended reporting period of four (4) years. i N 0. N GENERAL PROVISIONS III-60 Packet Pg.712 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 150.01 DEFINITIONS OF TERMS. The terms used in this program have the meaning defined in 49 CFR Section 26.5. 150.02 OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23) The Sponsor has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance from the Federal Aviation Administration, and as a condition of receiving this assistance, the Sponsor has signed an _ assurance that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in FAA-assisted contracts. It is also their responsibility: A. To ensure nondiscrimination in the award and administration of FAA-assisted 0 contracts; B. To create a level playing field on which DBEs can compete fairly for FAA-assisted i contracts; C. To ensure that the DBE Program is narrowly tailored in accordance with applicable >- law; -- D. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; N E. To help remove barriers to the participation of DBEs in FAA-assisted contracts; and F. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Airports has been delegated as the DBE Liaison Officer. In that capacity, the Director of Airports is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other N legal obligations incurred by the Sponsor in its financial assistance agreements with the Federal Aviation Administration. 150.03 NON-DISCRIMINATION (Section 26.7) The Sponsor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the Sponsor ill not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. GENERAL PROVISIONS III-61 Packet Pg.713 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 150.04 DBE PROGRAM UPDATES (Section 26.21) The Sponsor will continue to carry out this program until all funds from FAA financial assistance have been expended. They will provide to FAA updates representing significant changes in the program. 150.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE (Section 26.13) The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and their administration: The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FAA-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and 0. administration of FAA-assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry ca out its approved program, the FAA may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the i Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 150.06 REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29) Contract Assurance The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract .N and subcontract: > 0 A. Nondiscrimination - The contractor, sub-recipient or subcontractor shall not CL 76 discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: T) 1. Withholding monthly progress payments, 2. Assessing Sanctions 3. Liquidated Damages, and/or, 4. Disqualifying the Contractor from future bidding as non-responsible. B. Equal Opportunity — DBE Obligation — The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. C. Failure to Carry Out DBE Obligations — All bidders, potential contractors, or subcontractors for this FAA-assisted contract are hereby notified that failure to carry GENERAL PROVISIONS III-62 Packet Pg.714 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 out the FAA policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. D. Prompt Payment - The Sponsor will include the following clause in each FAA- assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 working days from the receipt of each payment the prime contractor receives from the Monroe County _ BOCC. E. Retainage - The prime contractor is required to pay all subcontractors for CL satisfactory performance of their contracts no later than 30 days after the prime contract has received payment from Monroe County, which includes any release of _ retainage. F. Prompt Payment Monitoring - In order to ensure subcontractors have been promptly paid by the prime contractor within 30 days of receipt of payment from Monroe County, the prime contractor must submit documentation of prior subcontractor payments and dates with their pay requests. The Airport retains the 0 right to audit a contractor's books and records to determine the accuracy of the LU information reported. A Subcontractor Prompt Payment Form that can be used for this monitoring will be provided to the awarded prime contractor. i 150-07 OTHER CONTRACT PROVISIONS A. DBE Certification - DBEs must be certified by a member of the Florida Unified Certification Program (UCP) and be included in the Florida UCP DBE directory at the N time of the bid opening. Florida UCP DBE Directory website is: h t s:H otx 2. ot.state. l.us/ ual p rt ity ice si ess irectory/ 0. 76 B. Bidders List. If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each FAA-assisted contract. FAA's "Sample DBE Program" interpreting 49 CFR Section 26 .11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. Recipients that choose to use another method would not include such a clause in their FAA-assisted contracts. C. Good Faith Efforts. In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every FAA-assisted contract but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those FAA-assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has GENERAL PROVISIONS III-63 Packet Pg.715 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 satisfied these requirements. The sample specification is intended for use in both non-construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for architectural/engineering and other professional services, and in other covered solicitation documents. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all CL bidders/offerors, including those who qualify as a DBE. The bidder/ offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to _ meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offeror's 0 commitment to use a DBE subcontractor whose participation it submits to meet theLU ca contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4) and (5) if the contract goal is i not met, evidence of good faith efforts. DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26, "How is DBE participation counted toward goals?" or 26.53(g), both of which are included as Attachment 2. T D. DBE Compliance. The contractor will be required to submit the following forms as CL part of their DBE contract compliance; 1) Proposed DBE Utilization Form within seven days of the preconstruction conference. 2) DBE Identification Form within seven days of the preconstruction conference. A separate form should be completed for each DBE firm. T) 3) DBE Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 of these forms is due by the 10th of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 should be submitted when final payment has been made to the DBE firm. 4) DBE Expenditure Report Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. 5) Final Report Utilization of Disadvantaged Business Enterprises (DBEs) Form with the final pay request. GENERAL PROVISIONS III-64 Packet Pg.716 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION For the FY2020-2022, the Airport has established a triennial race-neutral goal of 23.2% for the utilization of DBEs on all federally funded contracts. The undersigned bidder/ offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/ offeror is committed to a minimum of % DBE utilization on this Contract. The bidder/ offeror (if unable to meet the race-neutral DBE goal) is committed to a minimum of % DBE utilization on this Contract and submits documentation demonstrating good faith efforts. Please refer to 49 CFR Appendix A to Part 26—Guidance Concerning Good Faith Efforts. 0 i Name of bidder/ offeror's firm: State Registration No. N By Signature Title c N GENERAL PROVISIONS III-65 Packet Pg.717 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 ATTACHMENT 2 LETTER OF INTENT Name of bidder/ offeror's firm: Address: City: State: Zip: CL Name of DBE firm: 2 ca Address: CL City: State: Zip: Telephone: Description of work to be performed by DBE firm: i The bidder/ offeror is committed to utilizing the above-named DBE firm for the work described - above. The estimated dollar value of this work is $ > 0 CL Affirmation The above-named DBE firm affirms that it will perform the portion of the Contract for the estimated dollar values as stated above. By N (Signature) (Title) If the bidder/ offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor and attach copy of FLUCP DBE Certification.) GENERAL PROVISIONS III-66 Packet Pg.718 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Key West Irltematiarlaf&Ronda Keys MaFathon Airports DBE Program PROPOSED,DBE UTHMA-noN rtl FJISA,DV ANTAGEU,BUM JESS ENTERIPM&E W54 P4RTICJPATHM CL THIS FORM MUST OF FULLY COMPtEM,FOR EACH PROPOSED 650E COWRACTORiSUBCONTRACTOR ANUSUO aAFTTED NO LATERTHAN7 DAYS FBICIM THE PRECONSTRUCniON CADINFIEPENCE T40 THE ENCRINEERIARCtUFff 63 PROJECT'NAME: AIRPORT NAME: U AdP PROJECT F UMBERm 0 PRIME R: � ADDRESS: CONTACT NA:W I TEVFAX EMAIL: 110E'GOAL FOR PROUECT 11NE:NF1E7 4T9C.�Pd'. I5EiEHAMS TOPAcRTICi U7 f=PROVIDE'.FOR EACH DOE FIRM 1NTENDED A 3. MA;MIE OF VIBE FIRM: > 0 ESTIMATED PAIR nCIPAsTION: L ESTIMATED PTRICEN'TAGE OF TOTAEL PROOECT:. OVERVIIEWO NORKTOSEPERFORIVED: 0 2., NAME EISEFIRM: (n ESTIMATED PARTICIPATION: ESTIMATED PERCENTAGE Of TOTAL PROUECT:. OVERVIEW OFWORKTO BE PERFORMER: 0) U 0 mEE aln 'noN FORM papi ar z GENERAL PROVISIONS III-67 Packet Pg.719 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Ivey West @nternatioria6&Flor la Keys Marathon Alpo is DBE Program PROPOSE IF USE UTLEZATI014 rtl DISAIDVAAFTAGEDBUSINM ENTER f[D P PATIi[)R# CL 3. NAME Of DUE FIRM: ESTIMATED PAR-rICIPATION:$ ESTIMATED PEKEWAGE Of TOTAL PRQJECTa 6 OVERVIEW Of WD RKTO RE PERFORMED. CL U 4. HAJME Gf DBE FIRM: U ESFIMA4TETA PARTCRATION: ESTIMATED PERCENTAGE Of TOTAL PRCUECT- 6 I OVERVIEW Of WD RK To RE PEWOR MEIA: y' The uaadersib aced certffiies the intent afthis Prime Qmtractartr:i enter into...a contract amath thr DUE Ikintractor/SubtuTitmctGrto pmvide the 2bove-±refemnced sr uA 2smaadaPted Wth this ipm}ect.. CL !U !U Naime of Pine;Caanttr 2ctw Stnatarre Date Print N2ime and Title !v NOTE k. 3. TNr15 FORM 15I NO LATERTHAA 7 DAYS.FROM THE PRE UCnONCONFERENCE � 2. DIM1131.117110N.CMGNALANDONE CCPY TO ENGINEERIARMTECT 3,. A DIRE I NII1FICATI)ON FORM MIFST BE SIABUI-I TEID FOR AU PROPOSED DBEs ¢ PROPOSM 13SE unLgAwi FFORM pdg 3ar2 GENERAL PROVISIONS III-68 Packet Pg.720 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Key West @nternatiGna6&FlOr Lla hays Marathon Alpo is DBE PragTarn PROPOSED,[ME UTHIZATION SADVA TA EDBLFMNESSENTER EMB PARTICIPATH Mi rtl CL THIS FORM MUST BEFULLV COMPLETEDFOR EACI•I.:PROPOSED DEECONTP,!'iCTORISL.:i ANL_3:SUEVIITE[NG LATER THAN 7 DAYS FROM THE PIIECC SRUCTIGNICON6FERENCETOTHEENGINEERIARCHITECT PROJECrNAME: NRPURT NLANAE: CL A]P PROJECT NU MBEIR- U PLINwIE R.: (U DRESS ¢ CONTACT NAME: 0 U TELpFAK[EMAIL: (� DEE GOAL FOR PRCII T- i t ITNENTIFACATION OF DOE FIRMS TO PARTICIPATE IN ODNTRACT iPIff.CMDE:FOR FI DEE:FIRM INTENDED T13;PERFIpRH�LIAI NA;TME CIF LIRE FIRM: ADDRES& CGPITACT E: TEVFAK[EMAE1L: 0 NAME Of AGED WHERECOMBE:D-. L- CL EXPISRATICIM DATE Of DEE CER71 TE: IS COPY Of DEECERTEFICATE.H'TTACHED HERETO?' � ESTIMATED PARTbUTA1rJONEN THIS I ECONTRACTORATINITIAQ{t RIGIYN,ALBIrI 1. WAS THIS DEE:CONTRACTOR INCLUDED-1NM.MI AL1310,OFPRIIMECONRACTOR:? IF ANISWER IS NO,PRIME C DNTRACFDR MUST PROMDE SUBM7UTION LETTER TO EXPLAIN REASONS FOR RE AL OF OTHER DEE CONTRACTOR AN13VOR ADDITION Of THE GSBE,COWRACTOR. N 2. ESTIMATED PARTIaRAE"ON AT I1NMAL 011D.$ >_ 3.. ESTIMATED PERCENTAGE OfTOTAI.PROJECT FOR THIS CAE R: Sd 4, DETAIL SPEC MC`IA OR.KT BE PERFORM LI- !v U GENERAL PROVISIONS III-69 Packet Pg.721 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Ivey West InternatiGna6&FlOrWa hays Marathon Alpo is DBE Program PROPOSED,[ME, TION rtl Esm&��:TE'L1 PA.RT1t0=1.�i�TdflM1d Bt'Tt11�.r1RE.CflM1iTAkAr"F�R A.T P1LEI" d'�7RF•`�T!ENT1 f�'ANYE.REEVt'E-. 1. EST h tTEDPIARTICIP'A 40N AT PRECONISMUCT11ON OGNFEIREI E: CL 2, ESTI MATED PERC'ENTAGEOfTCFrAA PROJECT FI TFEIS DISEC OR: .A 3- DETAIL SPECH9C W TOM PERFORMED: CL CIO 0 142me aF DBE- r1Subccwi chiT' Uj ®C'y W S�Gnature d"li to Print Ndamae and Tittle Uj The undersigned aertrFies the intent of the PrimeC tractorti®renterin ac r=ctwatht•reDBECdntra r uhcmmb-actortm p mvide t'he.abonx-±referenced sr uA 2smocizbed Wth this Project., U7 .5 0 L- CL N2Tne of Prime;Cantr 2ctw natasre 1]ate Print N dune and Title 0 NiCITES: 1. TFF15 FORM 15EBIE W LATERTFLAN T DAYS FROM THE PRECCINSTBRcdiONd CON F1=REENCE 2. USTRIB ORIGNAd_AND ONE C TOERGINE:EH9/ARUIFFECT � 3. A DBE IDENTIFICATION FORM MLIST BE SUBMfTTEDFORAliPROPOSED DOE DUE MENWICATION,FORM Page 2of2 GENERAL PROVISIONS III-70 Packet Pg.722 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Key West @nternatic lab&IrlorWa hays Marathon Alpo t5 DBE Pragrarn DEE PAYMENT CERmFICATION, I]IS dINTA EDBI 8NESSENTER EMB PARTIOPATHM, rtl THIS 15 TO CEFM FY THAT CL RECEIVED F%1OhTNtLV" OR;FINAL)PROGRESS PAYMENT OF:5 nisi i.lvE[ ON FROM- CL FOR LAZM AND MATEMALS USED ON:. PROJECT NAME: � AIRPORT: � AIRPORT PR: JECT NUMBER: 0 U SJGNiED 13Y OfPFICUL OrrPPJ PrIPME COIT17RACTORSIGNATURE: TITLE: I PER50NALLYKNOWN TO N IE': , DRIVERS LICEPNSEkNUMBEk LLJ OTKER IDEN1ErlFICATIONN: wr N SWORN AND SUBSCRIBED BEFORE:METHIS: DAYOF 2D M 0 L- TOTAL PAJ D TO TiIIS DBE THIS MONTH: ' CL TOTAL PREVIOUSLY PAID 70 THIS DBE: S TOTAL PAID TO TH15 DBE TO DATE: � Sk6NEDEli'OPFNCIAALNSFDOE CVWMACMW _ OBE CONTRACTOR SBGNNATURE: TITLE: ARUM N PEMNIArLIA KHOWNTO IVIE': DRIVER'S LICENSE UNwIBEk WET KER IOEhM FICATI ONN: SWORN AND SUBSCRIBED BEFORE:ME THIS: ISAW OF 2D U ?RGPOSED OSE VnLO'4710IS',:FORM Rig 1.of P GENERAL PROVISIONS III-71 Packet Pg.723 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Key West @nternatic lab&FlorWa hays Marathon A sports DBE Program DEE PAYMENT CERmFICATION, DISAEIIVdANTA EDB NESSENTER EMBE}PAiRTI IPAiTHM, rtl TOTAL OF ALL PROGRESS PAYMEY TS: CL RETAIN.AGE WITH-HELD BONDWITH-KELD. ' CIO ESTIMATED PARTICEPATION BY THIS,DBE CONTRA€TZIRAT'INTIAL.BID: � 1. ESTMATED PARTICIPATION Ui THIS DBE CONTRACTOR ATINITIAL.BID: S � 2. ESTVATED PERCENTAGE Of TOTAL PROJECT FOR THIS DEECONTRACTOR: 0 ACTUAL PARTI€IP3T-ON Wi THIS DEE CONTRACTOR AT FINAL CONTRACT CLOSEOUT: U 3. ACTUAL PARTICIPATION BY'THIS IDEE CONTRA€T€IFI:: 4, ACTUAL PERCENTAGE Of FINAL CONTRACT AMOUNT FOR THIS DEE CONTRACTOR: I EKPLAJN ANY DIFFERENCES BEMEEN ITEPAS 1&3(OVERRUNS OR UNDER RUK'.S BY THIS DBE CONTRACTOR ON THIS PROJECTI- y' EXPU, N ANY DI FFERENCES BETWEEN ITEMS 2&.4,(ESTINIATEWIItirMAL DID PAR71CIPA11ON PERCENTAGE BW THIS DBE CONTRACORVERSUS ACTUAL PARTICIPATIONPER£ENTAGE BY TKU DOE C€INTRArCTOR''i: CL o 0 NOTES- 1. IPAGE 1 OF THIS FORM 1:5 DUE BY THE ID-OF EACH MONTH,AFTER DBE STARTS'WORK WHETHER P4YME14T 15 MADE ¢ ';B`s°PR.IP�PE t"k�NTR�G'TOIP OR FdCI7". � 2. IIISTRiB4 TiON-ORIGI':--NALAND ONE COPY TO ENGINEERJ'ARCHITELT.. 3. !PAGE OF THIS FORM 15 TO BE PROWI DE€D UNTIL FINAL.PAYMENT HAS BEEN MADE TO TM5 DOE CONTRACTOR, � INCLUDING ANY I'MMENdT OF ANY RETAINAGE. 4, INCLUDE PAGE 2OFTHII5 FORM ONLY UPON FINAL P RESSPA;YMENT70THISDEECONRACTOR. ?RGAOSED OSE U O°.TI0?,FORM Peg.2,a!P GENERAL PROVISIONS III-72 Packet Pg.724 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Key West @nternatiorta6&F6emrWa hays Marathon Alpo is DBE PragraTn DBE EXPENDTrURE'RE RT DISADVAWAGEDBUMNESSENTER EMBE}PAiRTICIPATHM, rtl CL THIS F+MMFAUSTBE:COMPLETED Irk:FULL AND SU18MrTEDBY THE PRIME CONTRACTOR FOR.EACH DBEFI1R7k USED, WITH EACH PAY RE:MESTMADE ITY THE PRIME CONTRACTOR PROJECT NAME: AIRPORTF ME:- CL MP PIROJI EL'r rRUMBEIR U PERIR7®1E 4k.: � ADDRESS: 0 !BE RAN OR: RIDRES I PRIME CONTRACTOR PAY REQUEST NUMr10ElR.: TOTAL ESnMATED DOE CONTRACT PARTICIPATION FOR.TIRSDBE ACTOR: PETl6dTAG E Clf TOT'Aa1 COWR&lCT- N DONTRIArCT DE-50UPMON Of WORK PERfORMED BY DBE CONTRACTOR m UNIT ITEM ITEMNO.. QUANTITY PRICE AMOUNT 0 0 L- CL N ] tta+pages as needed 6m deUa R wa k performed) TOTAL AMOUNT R D,MYOEETHISIMWYSICE,IADDITETa1:IuMt9UNTS): 5 � WrAP AMOUNT PREVIOUSLY REQUEMD BY DEE IfR Meg PRIOR PRY REQUEST): TT7TA6L AMOUNT RE II BY DBE TO DATE: $ � DBE EeEN-Ca URE REPORT FORM Page i.of 2 GENERAL PROVISIONS III-73 Packet Pg.725 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ow, Key West @nternatioria6&FlorWa hays Marathon Airports DBE Program DBE EXPENDTrURE REPORT DISADVAWAGEDBUMNESS ENTER E MBE!PARTI OPAT11 M, rtl TIne undersigned certifies that the DBE C; ntractwfias successfullyr earnpleted the ala�rrferenced s rls:assmdated with this CL pmo t arm further assures that s2A of BE C;Dmtrac Twill b---pQW.in f l for the amarart indicated'.above for said sermicez, artne aF"pane Ciarttractmr CIO CL nature Nte print P12mKe and Tide 0 LIJ tJ 1A�E�Sar•#xart..m.�a 1�'.ertificati�s lrcfarm:afir�- #larrnr ctl:.°rp-mcy sb+tvere D '.C'ittn2Rarier0ed:: f ertffic2te Number: LIJ f Kpan ion%bate of DOE Certifscate-, N 0 N2rne of DEE fzntrzemr 0 to mature Date CL lsriint N2me and Tide 0 N OR. i. TFWS FORM 15 DUE 4'rM EACH OP:AY RE QVIE5F 2. E15SR11ALMON.MIGNAL AND ONE C: TO ENGINEEIVARC111TE:CT U DUE EeEN-DTTURE REPCYRT FORM Page Z of 2 GENERAL PROVISIONS III-74 Packet Pg.726 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 ®r; Key West @nternatioria6&I lorWa hays Marathon Alpo is DBE PragTarn FItiIAE IIEP[3IkT—LMIUZATWN OF DBES DISAIIIVALo4TA ED BUM JESS ENTER E MBE}PAiRTIC PAiTII3Mi r� THIS FCIJOM MUST BE FLIEL'Y COMPLETED FOR EACH DBE CONTRACTOR/SUBCONTRACTOR THAT PARTICIPATED IN THEE CL CDNTRACF AND SUBMITTED WITH FINAL PAY REQUEST FOR MIME CONTRACTOR PRCIJEC NAME: AIRPORT NAME: 6JP MGJECT Ia••_4.WBERa CL Pr VMIE R.: A3JI9IIE55:. � CONTACT E: 0 TEL/FAXIEMAX: DOE GOAL FOR PRMECT-- N q 1 I IDENTIFICATION of ACTUAL DOE PERFORMANCE @MWrQWVIQE FO EACHM, FIRM THAT P AW'TJI PATE�CI.IAI Cis L-"Il= 1. NAME Of DIBE FIRM: ACTUAL PARTICIP:ATON: fh C ACTUAL.PERCENTAGE Of:TOTAL PROJECT:: OVERVIEW Of WDRC PERFORMED: N 0 L- CL 2., NAME Of DEE FIRM: ACTUAL PARTICIPATION:$ � ACTUAL PERCENTAGE OF TOTAL PROJECT: OVERVI NOF1ffiRKPERFORMED: 3. NAME I3f JSBE FIRM: ACTUAL PARTICIPA :$: !v ACTUAL PERCENTAGE Of TOTAL PROJECT: CFVIRVIIEWOf WORK PERFORMED: � P410POSM 13SE uTiLgAmou Fow pdg 1&2 GENERAL PROVISIONS III-75 Packet Pg.727 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Owl Key West International&Flor la Ices Marathon Alpo is DBE PragTarn FIRIALL REPORT—LITILIZATION Of ISBES INSAIDVFA NTAGEDBUSIItM ENTER {TDB P PATICIN, r� 4. NAME CIF TYRE FIRM: � ACTUALL PARTICIP;ST N: ACTUAL p1 RCENTAG E Of TOTAL PROJECT-. OVERVIEIIIAOf WORK PEIR RMED:. S Rli°I�AeC'F1]Asi 1]BE ITf4iYLA PIU[1�CT'- � ACTUAL PARTICIP T : ACTUAL.PfRaIVTAGE CIF TOTAL PROIECE: % U PROVIDE EXPLANAMCN,OF ANY DIFFERENCES FROMfilDIPRiE1fOSED ON EATIU7ATNM Uj /,i4TPM11.ADOMONK SNIMS'#9 NLrG Thy undermined�rffie this Fan21 Repwt roar the Utiliz2ti6n of I1i:sac"mt2r-d Buiimesa Errtepi- s Ferr this pr iem 'N .5 0 L- N'axme of Pfi me CamTa SsGnzture 02te Print Wanes anti Tide N 6E5c 0 1. THIS FORM 15 DUE WITH FINAL PAW REQUEST FOR PRIME CONTRACTOR N 2. DISTRIBUTION:ORIGINAL ANDDNE COPY TO ERGINTERJARCHTECT � I THE D13F5 SJiCYs11NON THIS FORM SHOULD BE THE SCAbEA TH ECIRJQNA1WLiSM'IATNLESS:AN IZED StRISITTLIMON WAS ALLOWED.OR THE CONTRACTOR LISED MORE DBEs AMU ADDITIONAL DBEs"SERE.ADDEO 4, THE DOWA Aifi iOU NTSHOULD REFLECT ANY CHANGES fiMADE IN PLANNED WOM..EOM BYTHE :- * THE CONTRACTOR SHOULD EXPLAANIhk WRITING WHY THE NAMES OfTHESLIBC19 l I 'THE'41WORKTITR45OR � DOLLAR FIGURES.ARE DIFFERENT FROM WHAT WAS ORIGINALLY SHOVIN ON THE DEE'BWOER INFOR1 A11 N SUMA TETA WITH THE PRIME R°S INITIA L4VTIMINAL]NO TO MONROE COUNTY ANWOR THE COMPLETED U 'PROPOSED DEE LITILIZATION FORM-AND-DBE IDENTIFICATION FORM-' * ANY'WRITTEN EXPLANATION S'HOULDEEATT HETSTOTHISFORMPRIOR.TO ITTAL. GENERAL PROVISIONS III-76 Packet Pg.728 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 SECTION 160 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 160-01 LABOR PROVISIONS A. DAVIS BACON REQUIREMENTS - Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29 CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. CL 1) Minimum Wages (a) All laborers and mechanics employed or working upon the site of the Work will be paid unconditionally and not less often than once a week, and without CL subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist I between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under >- Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or - costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly 76 period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification .N for the time actually worked therein: Provided that the employer's payroll >_ records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under A. 1) (b.) of this Section) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. (b) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: GENERAL PROVISIONS III-77 Packet Pg.729 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 • The Work to be performed by the classification requested is not performed by a classification in the wage determination; and • The classification is utilized in the area by the construction industry; and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (i i) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount CL designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the _ Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) i (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer >- do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (iv) The wage rate (including fringe benefits where appropriate) determined T_ pursuant to subparagraphs A. 1) (b.) (ii.) or (iii.) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the E classification. (c) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has GENERAL PROVISIONS III-78 Packet Pg.730 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) 2) Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any _ subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3) Payrolls and Basic Records. i (a) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three W (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of .T wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 0. 76 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to T provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number 1215-0140 and 1215-0017.) (b) (i) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, GENERAL PROVISIONS III-79 Packet Pg.731 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH- 347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed _ under the Contract and shall certify the following: • That the payroll for the payroll period contains the information required to be maintained under paragraph c.(1) above and that such information is correct and complete; 0 • That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has LU been paid the full weekly wages earned, without rebate, either i directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; • That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. CL (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. c (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph A. 3) (a.) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. GENERAL PROVISIONS III-80 Packet Pg.732 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 4) Apprentices and Trainees (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft _ classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the ca job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the i work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the >- ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate N specified in the registered program for the apprentice's level of progress, > 0 expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be v, paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved GENERAL PROVISIONS III-81 Packet Pg.733 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall CL be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on CL the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an 0 acceptable program is approved. LU (c) Equal Employment Opportunity. The utilization of apprentices, trainees and i journeymen under this part shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in N this Contract. 2 6) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts CL the clauses contained in paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. T) 7) Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. 8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. GENERAL PROVISIONS III-82 Packet Pg.734 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 10)Certification of Eligibility. (a) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). (b) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. CL B. The following clauses in paragraphs 1), 2), 3), 4)., and 5). below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to CL the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. 1) Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in LU any work week in which he or she is employed on such work to work in excess of i forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. 2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any 2 .N subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard T workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. 3) Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. 4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the GENERAL PROVISIONS III-83 Packet Pg.735 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. 5) Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. C. Veterans Preference. In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 160-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). i 1) As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this Contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs .2 (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; 2 (c) "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; (d) "Minority" includes: c (i) Black (all persons having origins in any of the black African racial N groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each GENERAL PROVISIONS III-84 Packet Pg.736 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 subcontract in excess of$10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan _ in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4) The Contractor shall implement the specific affirmative action standards provided 0 in paragraphs 7a through p of these Specifications. The goals set forth in the ca solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the i Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors >- performing construction work in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographical area where the Work is being N performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these T Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. 6) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7) The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: GENERAL PROVISIONS III-85 Packet Pg.737 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions CL have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the 0 Contractor by the union or, if referred, not employed by the Contractor, thisLU ca shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. i (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has LU W not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. .T 2 (e) Develop on-the-job training opportunities and/or participate in training CL programs for the area which expressly includes minorities and women, 76 including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to T unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made GENERAL PROVISIONS III-86 Packet Pg.738 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, CL screening procedures, and tests to be used in the selection process. (j) Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. LU (k) Validate all tests and other selection requirements where there is an i obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. N (m)Ensure that seniority practices, job classifications, work assignments, and CL other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be .T provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of GENERAL PROVISIONS III-87 Packet Pg.739 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take CL affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation _ of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is underutilized). 10)The Contractor shall not use the goals and timetables or affirmative action 0 standards to discriminate against any person because of race, color, religion, LU ca sex, or national origin. i 11)The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. LU W 12)The Contractor shall carry out such sanctions and penalties for violation of theseCh Specifications and of the Equal Opportunity Clause, including suspension, N termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing CL regulations, by the OFCCP. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13)The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve T maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14)The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the Work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the GENERAL PROVISIONS III-88 Packet Pg.740 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1) COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the _ Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2) NONDISCRIMINATION. The Contractor, with regard to the Work performed by it 0 during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not i participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract >- covers a program set forth in Appendix 3 of the regulations. �-- 3) SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding N or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto .0 and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or GENERAL PROVISIONS III-89 Packet Pg.741 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 (b) Cancellation, termination, or suspension of the Contract, in whole or in part. 6) INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Equal Employment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, LU religion, sex, or national origin. Such action shall include, but not be limited to the i following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The LU W Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. T 2) The Contractor will, in all solicitations or advertisements for employees placed by CL or on behalf of the Contractor, state that all qualified applicants will receive 76 consideration for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising that said labor union or workers' T representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6) In the event of the Contractor's noncompliance with the nondiscrimination GENERAL PROVISIONS III-90 Packet Pg.742 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon _ each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to i be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. >- Copies of this poster will be furnished to contractors at the Pre-Construction Conference. E. Notice of Requirement for Affirmative Action to Ensure Equal Employment .T Opportunity (Executive Order 11246, as Amended). CL 1) The offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: TIMETABLES: T Goals for minority participation for each trade 30.4 % Goals for Female participation in each trade 6.9 % These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the Work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non- federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the GENERAL PROVISIONS III-91 Packet Pg.743 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3) The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the CL Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number _ of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4) As used in this notice and in the Contract resulting from this solicitation, the "covered area" is in Key West, Monroe County, State of Florida. c F. Required Reports. 1) Monthly Employment Utilization Reports (SF 257). This Report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in >- which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre-Construction Conference. c 2) Annual EEO-1 Report. Contractors/subcontractors working on Federally CL - 76 assisted airport construction projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of 2 award (the FAA or Department of Labor, OFCCP can designate other intervals). >_ This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is E required if a Contractor or subcontractor meets all of the following conditions: (a) Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5, (b) Number of Employees. Has fifty (50) or more employees, (c) Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and, (d) Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of GENERAL PROVISIONS III-92 Packet Pg.744 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3) Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Non-Segregated Facilities. 1) Notice to Prospective Federally-Assisted Construction Contractors. (a) Certification of Non-Segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten _ Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. (b) Contractors receiving federally-assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the 0 forwarding of the following notice to prospective subcontractors for supplies LU and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal i Opportunity Clause. 2) Notice to Prospective Subcontractors of Requirement for Certification of Non-segregated Facilities. (a) A Certificate of Non-Segregated Facilities must be submitted prior to the - N award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal Opportunity Clause. 2 CL (b) Contractors receiving federally-assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal .T Opportunity Clause. GENERAL PROVISIONS III-93 Packet Pg.745 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees 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 Construction Contractor further 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 CL facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing _ areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will LU obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. N CL Signature of Contractor Title 160-03 MISCELLANEOUS CONTRACT PROVISIONS A. Airport Improvement Program Project (AIP). The Work in this Contract is included >_ in AIP Project No. 3-12-0037-To be Determined-2020 which is being undertaken and accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and E Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. B. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. C. Veterans Preference. In the employment of labor (excluding executive, GENERAL PROVISIONS III-94 Packet Pg.746 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. D. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. CL E. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: 1) is not owned or controlled by one or more citizens or nationals of a foreign CL country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is LU owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. i 3) has not procured any product nor subcontracted for the supply of any product for >' use on the Project that is produced in a foreign country on said list. y Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country CL on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the Contract at no cost to the Government. a Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the N certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the E Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time, it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. GENERAL PROVISIONS III-95 Packet Pg.747 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. F. Subcontracts. The Contractor shall ensure in each of his subcontracts the CL provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. G. CLEAN AIR ACT (42 U.S.C. 7401-7671q.) and the FEDERAL WATER POLUTION CONTOL ACT (33 U.S.C. 1251-1387) Contractor agrees to comply with all applicable standards, orders or regulations 0 issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency i (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and >- subgrants of amounts in excess of$150,000. �-- STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS N REQUIRED FOR 49 CFR PART 29 . 0 H. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion: The Bidder/ offeror certifies, by submission of this proposal or acceptance of this _ Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this T proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. I. Copeland Anti-Kickback Act Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. GENERAL PROVISIONS III-96 Packet Pg.748 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 J. Breach of Contract Terms Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide [Contractor I Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor I Consultant] must undertake in order to avoid termination of the Contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the Contract. The Owner's notice will identify a specific date by which the [Contractor I Consultant] must correct the breach. Owner may proceed with termination of the Contract if the [Contractor I Consultant] fails to correct the breach by deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. K. Title VI Solicitation Notice: c Monroe County, in accordance with the provisions of Title VI of the Civil Rights Act of LU 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby i notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be LU discriminated against on the grounds of race, color, or national origin in consideration for an award. N L. Compliance with Nondiscrimination Requirements 2 During the performance of this Contract, the Contractor, for itself, its assignees, and 0. successors in interest (hereinafter referred to as the "Contractor') agrees as follows: Compliance with Regulations: The Contractor (hereinafter includes consultants) will a comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. .2 Non-discrimination: The Contractor, with regard to the Work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. GENERAL PROVISIONS III-97 Packet Pg.749 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non-discrimination provisions of this Contract, the sponsor will impose such contract CL sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Withholding payments to the Contractor under the Contract until the Contractor complies; and/or Cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The Contractor will include the provisions of paragraphs 0 one through six in every subcontract, including procurements of materials and leases LU of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or i procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. >- Provided, that if the Contractor becomes involved in, or is threatened with litigation �-- by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the sponsor. N In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. CL M. General Civil Rights Provisions The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. �, .2: This provision binds the Contractor and sub-tier contractors from the bid solicitation period through the completion of the Contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. N. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); GENERAL PROVISIONS III-98 Packet Pg.750 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 • 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR CL part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, i The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); - N • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, 0. public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by a Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, T_ and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); GENERAL PROVISIONS III-99 Packet Pg.751 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). O. CONTRACT WORK HOURS and SAFETY STANDARDS ACT (40 U.S.C. 3701- 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every 0. mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. P. DEBARMENT and SUSPENSION (Executive Orders 12549 and 12689) i A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders y 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties N debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Q. Distracted Driving a In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to N adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the Sponsor encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. R. Energy Conservation Requirements Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation GENERAL PROVISIONS III-100 Packet Pg.752 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). S. Federal Fair Labor Standards Act (Federal Minimum Wage) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division _ T. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other i award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. U. Occupational Safety and Health Act of 1970 All contracts and subcontracts that result from this solicitation incorporate by N reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from 0. recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. .T V. COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS AS SET FORTH IN 2 CFR§ 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. GENERAL PROVISIONS III-101 Packet Pg.753 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 W. Termination of Contract Termination for Convenience: The Owner may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the Work terminated CL under the notice. 2 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed 2 and partially completed work, supplies, equipment and materials acquired prior to termination of the Work and as directed in the written notice. 5. Complete performance of the Work not terminated by the notice. i 6. Take action as directed by the Owner to protect and preserve property and work related to this Contract that Owner will take possession. �- Owner agrees to pay Contractor for: a. completed and acceptable work executed in accordance with the contract N documents prior to the effective date of termination; CL b. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c. reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and v, d. reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. Termination for Default: Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this Contract due to default of the Contractor. X. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT RO AGREEMENT. GENERAL PROVISIONS III-102 Packet Pg.754 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Y. E-VERIFY The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the LU Contract term. i END OF SECTION 160 N 0. N GENERAL PROVISIONS III-103 Packet Pg.755 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 170 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy American certification included herein CL with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. 0 LU N 0. N GENERAL PROVISIONS III-104 Packet Pg.756 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by _ inserting a checkmark (✓) or the letter'X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: i 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product y 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the Contract, T unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder _ or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a N formal waiver request and required documentation that support the type of >_ waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the Contract, unless extenuating circumstances emerge that the FAA determines justified. GENERAL PROVISIONS III-105 Packet Pg.757 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A - Phase 1 Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver - Total cost of project using US domestic source product exceeds the total 2 project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the >- jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or -- fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. - N Date Signature 0. Company Name Title a c N END OF SECTION 170 GENERAL PROVISIONS III-106 Packet Pg.758 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SECTION 180 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The Sponsor must ensure that no funding goes to any contractor who: • Has been convicted of a Federal felony within the last 24 months; or • Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted. Contract Types —This provision applies to all contracts funded in whole or part with AlP. Use of Provision — The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the requirements of DOT Order 4200.6. A bidder or offeror must complete and submit the Tax Delinquency and Felony Conviction certification included herein with their bid or offer. The Sponsor will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. i N 0. N GENERAL PROVISIONS III-107 Packet Pg.759 C.18.b Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS Certifications 1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the Sponsor about its tax liability or conviction to the Sponsor, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award i decisions are made. Term Definitions �- Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) v, months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. CL Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. c N Date Signature Company Name Title END OF SECTION 180 GENERAL PROVISIONS III-108 Packet Pg.760 C.18.c CL DIVISION IV SPECIAL PROVISIONS 2 CL Packet Pg.761 C.18.c DIVISION IV SPECIAL PROVISIONS SP-1 - PROJECT GENERAL REQUIREMENTS................................................................... IV-1 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING...................................................................... IV-18 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES.................................................. IV-19 SP-4— Not Used ................................................................................................................ IV-21 CL SP-5 - RESIDENT PROJECT REPRESENTATIVE............................................................. IV-22 . 2 SP-6 - SAFETY AND SECURITY REQUIREMENTS........................................................... IV-23 ca SP-7 LIST OF DRAWINGS IV-25 SP-8 - TEMPORARY FACILITIES....................................................................................... IV-26 SP-9 Not Used IV-30 i SP-10 - PRECEDENCE OF DOCUMENTS ......................................................................... IV-31 SP-11 - FINAL PAY REQUESTS AND RELATED FORMS................................................. IV-32 SP-12 - PRIME BIDDER'S DRUG TESTING AND CRIMINAL BACKGROUND REQUIREMENTS ............................................................................. IV-33 .N SP-13— DEFICIENCY POINTS........................................................................................... IV-36 CL N SPECIAL PROVISIONS Packet Pg.762 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at: Key West by the Sea Condominiums Building A 2601 S. Roosevelt Blvd. Key West, FL 33040 CL 2. SCOPE OF WORK. The project consists of building construction and replacement work necessary to improve the noise insulation of condominium units in Building A of the Key West by the Sea Condominium (KWBTS) in Key West, Florida. This Bid Package describes and specifies work which may include window replacement, exterior prime door replacement; sliding glass patio door replacement, removal and infill of "through-wall" portable air conditioning units, addition of ductless AC system, addition of Energy Recovery Ventilator (ERV) unit and all work related to the installation of the i ductless air conditioners and ERV to include electrical panel modifications, cutting and repair of gypsum ceilings, construction of wall pilasters to house required ducts and lines and required finishing work to include stucco repair and painting. -- Given the presence of asbestos in the existing caulking, stucco, gypsum board and ceiling, the KWBTS work will also require asbestos abatement at all surfaces disturbed to include N window/door openings, wall infilling, walls and ceilings. 0. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No. 2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this Contract shall be completed within the contract time, in calendar days, stipulated in Special Provision No. 3. T 5. PLANS. The Plans included in this Contract are listed in Special Provision No. 7. 6. PROGRAM MANAGER A. IDENTIFICATION OF THE PROGRAM MANAGER 1) The Program Manager is referred to throughout the Contract Documents as if singular in number. a) Wherever the term "Program Manager' appears throughout the Contract Documents, it shall mean Project Manager, Construction Managers, Asbestos Consultant, Architect, or Engineer. 2) In case of termination of employment of the Program Manager, the Sponsor shall appoint a Program Manager against whom the Contractor makes no reasonable SPECIAL PROVISIONS IV-1 Packet Pg.763 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 objection and whose status under the Contract Documents shall be that of the former Program Manager. B. PROGRAM MANAGER'S ADMINISTRATION OF THE CONTRACT 1) The Program Manager will provide administration of the Contract as described in the Contract Documents and will be the Sponsor's representative: (1) during construction, (2) until final payment is due and (3) with the Sponsor's concurrence, from time to time during the correction period. During the construction process, the Program Manager representatives will be comprised of construction managers, project manager, architect. mechanical / electrical engineer, and asbestos consultant. The Sponsor representatives will be CL comprised of the Airport Noise Program Coordinator and other representatives from Monroe County. The City of Key West Building Department will provide _ representatives to inspect and approve work performed by licensed individual trades. The Program Manager will advise and consult with the Sponsor. The Program Manager will have authority to act on behalf of the Sponsor. 2) The Program Manager will monitor all on-site construction activities on a daily basis throughout the entire scheduled construction period to ensure compliance with the Contract Documents. On the basis of on-site observations, the Program LU Manager will keep the Sponsor informed of progress of the Work and will endeavor to guard the Sponsor against defects and deficiencies in the Work. i 3) The Program Manager will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs related to the Work, since v, these are solely the Contractor's responsibility. The Program Manager will not be responsible for the Contractor's failure to carry out the Work in accordance T with the Contract Documents. The Program Manager will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, CL Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4) Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Sponsor and Contractor shall endeavor to communicate v, through the Program Manager. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Sponsor. 5) Based on the Program Manager's observations and evaluations of the Contractor's Applications for Payment, the Program Manager will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 6) The Program Manager or Sponsor will have authority to reject Work which does not conform to the Contract Documents. Whenever Program Manager or Sponsor considers it necessary or advisable for implementation of the intent of the Contract Documents, the Program Manager or Sponsor will have authority to require additional inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Program Manager or Sponsor nor a decision made in good faith either to SPECIAL PROVISIONS IV-2 Packet Pg.764 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 exercise or not to exercise such authority shall give rise to a duty or responsibility of the Program Manager or Sponsor to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. 7) The Program Manager will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents and only to the extent which the Program Manager or Sponsor believes desirable to protect the Sponsor's interest. The Program Manager's action will be taken with reasonable promptness, while allowing sufficient time in the Program CL Manager's professional judgment to permit adequate review, taking into account the time periods set forth in the latest recognized Construction Schedule _ prepared by the Contractor and reviewed by the Program Manager. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Program Manager's review of the Contractor's submittals shall not relieve the Contractor of the obligations. The Program LU Manager's review shall not constitute approval of safety precautions or, of any i construction means, methods, techniques, sequences or procedures. The Program Manager's approval of a specific item shall not indicate approval of an assembly of which the item is a component. LU W 8) The Program Manager will prepare Change Orders and Construction ChangeCh Directives and may authorize minor changes in the Work. N 9) The Program Manager will conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion and acceptance, will 0. receive and forward to the Sponsor for the Sponsor's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 10) If the Sponsor and Program Manager agree, the Program Manager will provide y one or more project representatives to assist in carrying out the Program Manager's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. If no such exhibit has been incorporated, the duties, responsibilities, and limitations of authority of such Project Representative shall be as set forth in the edition of AIA B 352 current as of the date of the Contract. 11) The Program Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Contractor. The Program Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. The Program Manager may, as the Program Manager judges desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the various parts of the Work; such drawings or instructions may be affected by SPECIAL PROVISIONS IV-3 Packet Pg.765 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 field order or other notice to the Contractor, and provided such drawings or instructions are reasonably consistent with the previously existing Contract Documents, the Work shall be executed in accordance with such additional drawings or instructions without additional cost or extension of the Contract Time. 12) Interpretations and decisions of the Program Manager will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Program Manager will endeavor to secure faithful performance by both Sponsor and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions so rendered in good faith. CL 13) The Program Manager's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 14) Public Necessity and Welfare: When required by public necessity or welfare, the Program Manager will have the authority to change the order or sequence of Work, and to order the suspension thereof, but such actions shall not affect the responsibility of the Contractor for the conduct and safety of the Work and shall not entitle the Contractor to an increase in Contract Price or Contract Time for actions taken in the interest of such public necessity or welfare. LU C. AUTHORITY OF THE PROGRAM MANAGER 1) The Program Manager shall decide any and all questions which may arise as to the quality and acceptability of material furnished, Work performed and the -- manner of performance and rate of progress of said Work. They shall decide all questions that may arise as to the interpretation of any or all Drawings, Scope of 2 Work, and Specifications relating to the Work and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. They shall CL also determine the amount and quality of the Work performed and materials furnished that are to be paid for under the Contract. 2) In case of a dispute arising between two or more Contractors, engaged on the same or adjacent areas as to the respective rights of each under this Specification, the Program Manager shall determine the matter at issue and shall define the respective rights of the various interests involved and the completion T) of all parts of the Work. Their decision shall be final and binding on all parties concerned. 3) The Program Manager shall have the right, as the Work progresses, to alter the plans or the specified coordination of two or more concurrent Contracts. 4) The Program Manager and/or Sponsor shall have the authority to suspend the Contractor's operations, wholly or in part, for such period or periods of time as they may deem necessary because of unsuitable weather, site conditions or other conditions which it considers unfavorable for the completion or non- completion of the Work, work being done under other contracts in the same or adjacent areas, or the failure of the Contractor to comply with the provisions of the Contract. Such "Suspension of Work Order" shall be in writing and will state the reason for such suspension, the effective date and the operations suspended. Any work done by the Contractor contrary to such "Suspension of SPECIAL PROVISIONS IV-4 Packet Pg.766 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Work Order"will be considered as unauthorized and as having been done at the expense of the Contractor. The Program Manager will issue a "Resumption of Work Order" when, in its opinion, the conditions that justified the suspension no longer exist. 5) The Program Manager shall have such other rights and powers as are specified elsewhere in the Specification. The decisions and determinations and the exercise of its authority by the Program Manager pursuant to this Section, where additional cost is involved, shall be subject to review and approval by the Sponsor before becoming effective. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. CL The Contractor shall be responsible for methods, means, materials and procedure 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 treaded equipment or vehicles are used. Rubber tires or 0 treads shall be used wherever possible. LU 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 Program Manager who will then issue directions regarding a solution to the conflict(s). 8. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with y construction, the Contractor shall familiarize himself/herself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual v, existing conditions and the Contract Documents, he/she shall within seven (7) calendar days prior to Bid Opening, notify the Program Manager in writing. Submission of Bid by CL the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 9. SAFETY AND PROTECTION. A. General Project Safety: In as much as each work area will be accessible to and used by the public, the Sponsor, and other companies doing business at the project site .N 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 Sponsor 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 Sponsor will remedy the problem and the Contractor shall reimburse the Sponsor for the expense of such correction. B. 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. 10. 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/she shall send a letter of introduction with the Superintendent in which he/she advises SPECIAL PROVISIONS IV-5 Packet Pg.767 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 the Superintendent's full name and states that he/she is assigned to the project and will be in full responsible charge. This conference will be called by the Program Manager or its Authorized Representative, who will arrange for the Sponsor's representative and other interested parties to be present. At this time, 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. 11. COORDINATION AND PROGRESS MEETINGS CL A. General: The Program Manager 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 Program Manager 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 LU meetings. The Program Manager will require representation at each meeting by every party currently involved in coordination or planning for the Work of the entire project. i Meetings will be conducted in a manner which will resolve coordination problems. C. The Program Manager will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from v, each meeting. N 12. ADMINISTRATIVE/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 Sponsor 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 on the Contractor's 2 behalf. It is agreed and understood that, if requested in writing by the Sponsor, the T)_ Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 13. 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 Program Manager. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Sponsor and Program Manager as soon as possible when such events are known. B. Submit special reports directly to the Sponsor within one day of occurrence. Submit a copy of the report to the Program Manager and other entities that are affected by the occurrence within one day of the occurrence. SPECIAL PROVISIONS IV-6 Packet Pg.768 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 14. SCHEDULE OF WORK. A. Prepare and submit, in triplicate, for the Program Manager'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. 15. PROGRESS SCHEDULE. Preliminary Schedule: Within ten (10) 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. ca A. Arrange the schedule to indicate required sequencing of work and to show time i allowances for submittals, inspections, and similar time margins. B. The submitted schedule shall be reviewed by the Program Manager and Sponsor for conformance to Critical Dates and overall project completion time criteria. Lack of this -- information will be cause for rejection of the schedule. c C. Following initial submittal of schedule to and response by the Program Manager, print N and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Program Manager. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 16. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a weekly 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 T) Schedule for upcoming work but show "as-built" schedule progress data. The Program Manager will not recommend for payment, by the Sponsor, 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 Program Manager determines, that the Contractor is at least ten percent (10%) 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 SPECIAL PROVISIONS IV-7 Packet Pg.769 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application for Payment of the Program Manager and payment thereon by the Sponsor, 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. C. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Program Manager; funds equal to the CL established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 17. 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 Program Manager 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. i Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. C. Claims for Additional Time: c If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor shall have the burden of demonstrating the effect of the claimed delay on the Contract Time and shall furnish the Program Manager with such documentation relating thereto as the Program Manager will reasonably require. In the case of a continuing delay only one Claim is necessary. The Contractor may request an extension to their approved schedule. No extensions of time shall be granted for materials known to be damaged or missing from the Contractor's materials during the construction unless it can be documented .2 that the replacements will arrive after the scheduled construction period expires. The >_ Contractor shall notify the Program Manager as soon as the damaged or missing products are noticed. The Contractor shall request an extension of the construction schedule if there is a documented delay: 1) in the delivery of the prime window or door products or; 2) requested by the Sponsor or; 3) caused by an act of neglect of the Sponsor or Program Manager or; 4) caused by an act of neglect of any separate contractor working under other contracts in the same or adjacent areas or; 5) caused by changes ordered in the Work, strikes, lockouts, fire, Acts of God, unusual delay in transportation, or extreme weather conditions. SPECIAL PROVISIONS IV-8 Packet Pg.770 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 The Time of Completion shall be extended for such reasonable time as the Program Manager may decide. Any extension of time granted on any part of the Project shall apply to that part only. No extension of time shall be granted for missing or damaged product unless the request is presented to the Program Manager in writing as soon as the missing or damaged product is noticed. Delay caused by the Contractor's subcontractors or suppliers may be deemed a justification for an extension of time, at the Program Manager's discretion. Contractor agrees that neither it nor its Subcontractors shall have any claim for damages against the Sponsor or its agents arising from delays in the Work. Contractor understands that its sole remedy is an extension of time. CL If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. 18. MAINTENANCE OF TRAFFIC. 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. 0 A. Beginning date of Contractor's Responsibility: The Contractor's responsibility for LU maintenance of traffic shall begin on the day he/she starts the Work and continue until i Final Completion and Acceptance of the Project. B. 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 vehicle operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of 2 the Work and shall be responsible for repair of any damage to existing pavement or facilities caused by his/her operations. CL C. 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. C D. Material Deliveries: The Contractor shall make his/her own material and equipment N deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. E. 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 Program Manager. F. 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 personnel shall not utilize public areas for taking their "work breaks" or "lunchbreaks." Areas for this purpose can be designated by the Program Manager upon request. No public toilets shall be used by any personnel at any time. G. Refer to the Construction Safety and phasing Plan Volume 2 Appendix A. SPECIAL PROVISIONS IV-9 Packet Pg.771 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 19. 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 Program Manager may at any time direct the Contractor to immediately remove his/her trash and debris from the site of the Work when in the opinion of the Program Manager such trash constitutes a nuisance or in any way hinders the Work. If the Contractor should fail to remove his/her trash and debris from the site of the Work in a timely manner, the Program Manager may have this work performed and deduct the cost of such from Contractor's payment. 20. 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. Provide complete protection to building at designated areas where lift activity will occur, including protection to building elevation, railings and walkway. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. i 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 N way of limitation the following: 0 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Light T 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 SPECIAL PROVISIONS IV-10 Packet Pg.772 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Project Site 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 Program Manager with regard to time and method. CL 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 Sponsor. 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 Program Manager in writing. F. Final Cleaning: LU After Substantial Completion is reached, The Contractor shall be required to provide i a deep cleaning of the entire home, including walls, floors, ceilings, kitchens and bathrooms. In addition, the Contractor will be required to ensure that all furniture that was wrapped during the construction period is clean and free from dust. All deep W cleaning services will be performed by an independent licensed professional cleaning company. N 21. CONSERVATION AND SALVAGE 2 0. 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 Sponsor's property. N .2: 22. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Sponsor. An independent testing laboratory selected and responsible to the Program Manager shall perform all "acceptance" testing required by the Technical Specifications or as directed by the Sponsor and/or the Program Manager. 23. 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/she shall pay the cost of all tests which may be necessary to satisfy the Program Manager that specification requirements are satisfied. The Contractor shall pay for the Program Manager's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet Specification requirements, SPECIAL PROVISIONS IV-11 Packet Pg.773 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 the Contractor shall pay the cost of all testing deemed necessary by the Program Manager 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 costs 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 Program Manager prior to construction. 24. PROJECT DOCUMENTATION. CL A. Project Drawings: The successful Contractor will be furnished, at no charge, three (3) copies of Drawings and Specifications. Additional copies may be purchased at CL actual cost of reproduction. A field set of Drawings and Specifications shall remain on the job site at all times and 2 shall be available at all times to the Program Manager. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. LU The Contractor shall immediately include plainly and conspicuously on the field set i 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 y site at all times and shall be available at all times to the Program Manager. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Program Manager prior to installation. In no case shall any CL unspecified equipment or materials be installed without prior approval by the Program Manager. 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 2 prepare or maintain for the Sponsor'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 Sponsor's records, but not 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 Program Manager. Show all changes or work added on these Record Drawings in a contrasting color. SPECIAL PROVISIONS IV-12 Packet Pg.774 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 (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 CL 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 i completed mark-up of Record Drawings and Shop Drawings with the Program Manager. The Program Manager will then proceed with preparation of a full set of corrected Contract Drawings. The Program �-- Manager will date each updated drawing and label each sheet"PROJECT RECORD" in 1-1/2-inch-high letters. Printing as required herein is the N responsibility of the Program Manager. 0 3) Copies, Distribution: Upon completion of Record Drawings, the Program Manager shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Program Manager shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The marked-up set of prints maintained during the Construction Period shall be bound in the same manner. The Program Manager will retain one set. At the completion of the T) Project, the Program Manager shall submit one set of prints, with changes noted thereon, to the Sponsor. Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub-contractors. 4) The Program Manager 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 SPECIAL PROVISIONS IV-13 Packet Pg.775 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Program Manager for the Sponsor'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 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 Program Manager for the Sponsor's records. Label each data submittal"PROJECT RECORD" in 1-1/2-inch-high letters. i E. Project Close-out Project Close-out is hereby defined to include general requirements near end of y Contract Time, in preparation for Final Acceptance, final payment, normal termination of Contract, occupancy by all Property Owners and similar actions evidencing .2 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 0. 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. c F. Prerequisites to Substantial Completion N 1) Prior to requesting the Program Manager'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 100% 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 Sponsor of pending insurance change-over requirements. SPECIAL PROVISIONS IV-14 Packet Pg.776 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 (e) Obtain and submit releases enabling the Sponsor's full and unrestricted use of the Work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. (f) Deliver tools, spare parts, extra stocks of materials, and similar physical items to the Sponsor. (g) Make final change-over of locks and transmit keys to Program Manager. (h) Complete start-up testing of systems. 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. CL 2) Inspection Procedures: Upon receipt of the Contractor's request, the Program Manager will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Program Manager 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 0 initial "Punchlist" for final acceptance. LU G. Prerequisites to Final Acceptance i 1) Prior to requesting the Program Manager'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 Program Manager's final Punchlist of itemized work to be completed or corrected, stating that each item has been T completed or otherwise resolved for acceptance, endorsed and dated by the Program Manager. 0. (b) Complete final cleaning 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 2 shall correct or remedy all Punchlist items to the satisfaction of the Program T_ Manager within a 5-calendar day period after the Date of Substantial Completion. When ready, the Contractor shall request in writing a final inspection of the Work. Upon completion of re-inspection, the Program Manager will prepare a E 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. H. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Program Manager 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. SPECIAL PROVISIONS IV-15 Packet Pg.777 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 Sponsor shall retain a sufficient sum to pay them in full and at his/her 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 Sponsor that an unpaid Subcontractor or material man may seek payment from the Sponsor 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. 0 (f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. (g) Furnish a signed guarantee, in a form acceptable to the Program Manager i and Owner agreeing to repair or replace as decided by the Program Manager, 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. c (h) Furnish Consent of Surety to Final Payment. N (i) Submit updated final statement, accounting for final changes to Contract 0. 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. .2 (1) Provide receipt, as applicable, of affidavits certifying all labor standards of local, state, or federal requirements have been complied with by the Contractor. I. 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 Program Manager's reference during normal working hours. 1) Record Drawings: The Program Manager shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable SPECIAL PROVISIONS IV-16 Packet Pg.778 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Program Manager for the Sponsor's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Program Manager for the Sponsor's records. 4) Record Sample Submittal: Comply with the Program Manager's instructions for packaging, identification, marking, and delivery to the Sponsor'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 CL reference. Submit to the Program Manager for the Sponsor's records. 2 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Program Manager for the Sponsor's records. J. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work 0 requiring continuing maintenance or operation, to meet with the Program Manager at the Project Site to provide basic instructions needed for proper operation and LU maintenance of the entire work. Include instructions by manufacturer's representatives i 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 2 and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit Program Manager to video tape operating CL and maintenance instructions. 25. FINAL CLEANING. A. The Contractor shall keep the premises free from accumulation of construction waste materials or dust and debris caused by Contractor's operations on a daily basis and maintain a dust free living environment. Provide final cleaning of the Work, at the T 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 the Project Site. 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. D. Where extra materials of value remain after the completion of the associated work have become the Sponsor's property, dispose of these as directed by the Sponsor. SPECIAL PROVISIONS IV-17 Packet Pg.779 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED 1. NOTICE TO PROCEED - PERMITS A Notice to Proceed - Permits will be issued within five (5) days after award of contract. At this time, the Contractor shall accomplish the following activities, but not be limited to: A. Obtain permits as required for construction. B. Conduct a site visit and walk-thru of all properties to document existing conditions and take detailed measurements. C. Prepare and transmit all Shop Drawings, Submittals and certifications as required by the Contract Documents to the Program Manager for review and approval. 0 D. The Contractor shall submit a detailed construction schedule to the Program Manager in accordance with Section 16 of Special Provision No. 1 for review and approval. i E. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the Work in accordance with the Contract Documents. �-- F. Prepare his staging area and establish staging and parking areas. 2 N G. 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 CL time unless otherwise authorized by the Program Manager. 2. NOTICE TO PROCEED - CONSTRUCTION The Contractor shall submit an updated construction progress schedule to the Program 2 Manager in accordance with Section 16 of Special Provision No. 1. The progress schedule > shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. After the Program Manager has approved the updated schedule and has confirmed that the Contractor has a minimum of two (2) weeks of materials in the warehouse and has obtained all the necessary permits, the Notice to Proceed - Construction will 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. Upon completion of the Work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit as-built information. SPECIAL PROVISIONS IV-18 Packet Pg.780 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO CONTRACT PROCEED DESCRIPTION TIME TO COMPLETE This notice shall allow the Contractor o obtain any necessary construction _ permits required to accomplish the Work. Also, during this time, the 118 Calendar NOTICE TO Contractor shall order and deliver PROCEED - materials, equipment and supplies Days PERMITS needed to complete the Work. No on- site construction activities shall be accomplished. 2 N NOTICE TO PROCEED - Noise Insulation Improvements 140 Calendar CONSTRUCTION 0. Construction. Days c N 258 Calendar TOTAL CONTRACT TIME: Days SPECIAL PROVISIONS IV-19 Packet Pg.781 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 If the Contractor fails to achieve approval of all required CL Notice to Proceed Submittals by the Program Manager and have a minimum of Permits two (2) weeks of products delivered for start of construction _ achieved within the allotted time in calendar days, the Contractor shall pay the Sponsor the sum of$1000.00 per day. 0 If the Contractor fails to achieve Final Completion within the allotted number of calendar days for construction of each condominium, the Contractor shall pay the Sponsor the sum of i Notice to Proceed $1000.00 per day, thereafter for each and every calendar day Construction of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of this work. See also General Provisions Section 80-09 FAILURE TO COMPLETE ON TIME for additional stipulations. T) 0 CL N SPECIAL PROVISIONS IV-20 Packet Pg.782 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 4 Not Used CL i c N 2 0. N SPECIAL PROVISIONS IV-21 Packet Pg.783 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 5 RESIDENT PROJECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Project Observation for this Contract shall be performed by the Program Manager or his duly authorized representative. 2. DUTIES OF THE PROGRAM MANAGER. The Program Manager's duties and responsibilities are to: A. Monitor performance of the Contractor; require correction of work that does not meet Plans and Specifications; and report serious problems to the Program Manager and Owner. B. Determine test sites/locations, coordinate and supervise testing. C. Interpret Plans and Specification details. D. Resolve minor construction problems. E. Maintain project records. F. Review and approve requests for payment to the Contractor. i G. Conduct day-to-day construction observations. H. Maintain a project diary on a daily basis. I. Maintain up-to-date records on quantities of work performed and quantities of materials in place. T J. Contact the Sponsor for advice and assistance when needed and when major 0. problems arise. K. Recommend to the Sponsor when a Change Order or Supplemental Agreement is required. c N SPECIAL PROVISIONS IV-22 Packet Pg.784 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 6 SAFETY AND SECURITY REQUIREMENTS 1. GENERAL INTENT. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the Contract. 2. CONSTRUCTION SECURITY COMMITTEE. The committee shall be established by the Contractor concurrent with the life of this Contract to monitor, coordinate and adopt new security procedures relating to this Contract. Meeting shall be scheduled by the Contractor. Committee membership shall include the CSO, the Contractor and such other personnel as the Contractor may designate. 3. CONTRACTOR PERSONNEL SECURITY ORIENTATION. 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 construction area. ca 4. ACCESS TO THE SITE. Contractor's access to the Project Site shall be as shown on the i Plans. No other access points shall be allowed unless approved by the Program Manager. All contractor traffic authorized to enter the Project Site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be -- responsible for traffic control to and from the various construction areas. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route .N resulting from his/her construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Program Manager. 5. MATERIALS DELIVERY TO THE SITE. All Contractor's material deliveries to the Project Site shall enter the Site only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. N 6. IDENTIFICATION - VEHICLES. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the Project Site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The number of company vehicles will be determined by the KWBTS Board prior to the start of construction. The CSO shall maintain a current list of companies authorized to enter and conduct work on the Project Site. Employee personal vehicles shall be parked only in designated areas. These vehicles shall not enter the Site at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. SPECIAL PROVISIONS IV-23 Packet Pg.785 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 7. IDENTIFICATION - PERSONNEL. Security badges shall be issued to the Contractor by the Program Manager for use during the Project. Persons requiring photo-security badges include the Program Manager, Superintendent, and all workers on site during construction, whether they are employees of the Contractor or are Subcontractors to the aforesaid. There is no limit to the number of photo-security badges the Contractor may request. The Program Manager reserves the right to remove any worker who does not display a photo-identification badge at all times on the Project Site. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the property. Persons without a photo-security badge shall not enter a Project construction site. The Contractor assumes responsibility for the conduct of all employees working at the construction site and shall ensure that all workers entering a construction site have been issued a photo identification badge. _ All guests or temporary workers of the Contractor will need to wear a "Temporary" badge, to be issued by the Program Manager on a daily basis. The temporary badges shall be returned to the Program Manager at the end of the workday. All construction personnel who do not possess or display a valid badge, (such as material delivery persons) must be continuously escorted by a properly-badged person, while on-site. There will be a $75.00 fee assessed for each photo-security badge not returned to the Program Manager. A$250.00 fee will be assessed for each temporary badge not returned i to the Program Manager. Payment will be due prior to the Program Manager releasing additional badges. Failure to return badges of terminated employees within one week or notify the Program Manager of lost badges may result in the Contractor being declared W non-responsive, ineligible for future Monroe County contracts, and additional badges may be withheld from Contractor or Subcontractor. N 8. CONSTRUCTION AREA LIMITS. The limits of construction, material storage areas, equipment storage areas, parking areas and other areas defined as required for the 0. Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing, marking, and/or warning devices visible for day/night use. 9. CONTRACTOR SHALL MAINTAIN SECURITY AT ALL TIMES DURING CONSTRUCTION. T) 10. PAYMENT. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. SPECIAL PROVISIONS IV-24 Packet Pg.786 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 7 LIST OF DRAWINGS The Drawings which show the location, character, dimensions and details of the Work to be done and which are to be considered as a part of the Contract supplementary to the Specifications are as follows: Refer to Construction Drawings Volume 4 of 5 CL LU c N 2 0. N SPECIAL PROVISIONS IV-25 Packet Pg.787 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 8 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the Work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Program Manager's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Program Manager. C. Costs: Except as otherwise indicated, costs associated with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the Key West By the Sea complex. ca E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the i Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction, provide fire extinguishers of types and sizes recommended by NFPA or any other governing -- authority or agency. c G. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in N construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. 0. H. Environmental Protection: Review exposure to possible environmental problems with the Program Manager. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, excessive noise and similar problems). .N 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively .2: protect Project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Program Manager. Provide temporary services during interruptions to existing utilities as acceptable to the Program Manager. SPECIAL PROVISIONS IV-26 Packet Pg.788 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 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 office or building must be approved by the Program Manager. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. B. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Program Manager. Parking of construction workers' private vehicles is prohibited within the KWBTS property. C. During construction, the Contractor shall maintain these areas in a neat condition. D. The Contractor's vehicles, equipment and materials shall be stored in the areas CL designated by the Program Manager. Upon completion of the Work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Program Manager. Remove all construction fencing and barricades CL from the Project Site. No special payment will be made for clean-up and restoration of the storage area. E. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Parking of construction workers' private vehicles is LU prohibited within the KWBTS property. i F. If additional storage areas are needed, the Contractor may request it from the Program Manager. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. -- 4. TEMPORARY CONSTRUCTION FACILITIES N A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing 0. regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the Contractor's responsibility. B. De-watering: Maintain construction work free of water accumulation. Do not endanger the Work or adjacent properties. .2 .2: C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the Drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workers or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. SPECIAL PROVISIONS IV-27 Packet Pg.789 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self- closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the Project Site. 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Program Manager 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 Contractor 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 temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of 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 i that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the Work. The Contractor is responsible for -- proper drainage of water used. c D. The Contractor shall furnish all temporary wiring, piping connections, and other N apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. 0. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS c A. The staging area(s) depicted on the Plans shall be used to store all idle equipment, T supplies and construction materials (other than bulk materials such as aggregate, sand and soil). B. The Contractor may erect and maintain throughout the life of this Contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. C. Upon completion of all work, remove all construction fencing and barricades from the Project Site. D. The Contractor's vehicles, equipment and materials shall be stored in the area designated on the Plans. Upon completion of the Work, the storage area shall be cleaned up and returned to its original condition to the satisfaction of the Program Manager. SPECIAL PROVISIONS IV-28 Packet Pg.790 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 E. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. F. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Program Manager when absolutely necessary. Parking of construction workers' private vehicles is prohibited within the KWBTS property. G. All other waste material, including rubble and debris, shall be removed from the Project Site at the Contractor's expense. H. The Contractor shall provide all necessary temporary environmental controls as CL required by laws, regulations or as directed by the Program Manager. I. The cost for these temporary environmental controls shall be considered incidental to the project. CL 0 LU c N 2 CL N SPECIAL PROVISIONS IV-29 Packet Pg.791 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 9 Not Used CL i c N 0. N SPECIAL PROVISIONS IV-30 Packet Pg.792 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 10 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents 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 to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, The order of precedence shall be as follows: A. Bid Documents (Division 1) (including any and all Addenda) B. Contract (Division 11) C. General Provisions (Division 111) D. Special Provisions (Division IV) 0 E. Project Specifications (Volume 2 of 5) F. Construction Drawings (Volume 4 of 5) (large scale detail drawings over smaller scale general drawings) i c N 0. N SPECIAL PROVISIONS IV-31 Packet Pg.793 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 11 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT and in Special Provision No. 1 PROJECT GENERAL REQUIREMENTS 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 by the Program Manager and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Program Manager, unless otherwise instructed by him/her. Contractor shall use the Sponsor Application for Payment form which will be provided to contractors at the pre-construction meeting, 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) c • Contractor's Affidavit of Payment of Debts and Claims (Form G-706) • Contractor's Affidavit of Release of Liens (Form G-706A) i • Consent of Surety to Final Payment (Form G-707) c N CL N SPECIAL PROVISIONS IV-32 Packet Pg.794 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION 12 WORKER BADGING, DRUG TESTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTS After Contract Award, the Contractor shall be required to apply to the Program Manager for issuance of a Noise Insulation Program Identification (NIP ID) badge for all on-site construction personnel, including but not limited to: all full and part-time employees, supervisory personnel, leased personnel, subcontractors, etc. The Contractor's bid must include any and all costs to .� perform a 7-year Criminal Background Check and a 12-Panel Drug Test for all badge applicants. Prior to requesting the issuance of a NIP ID badge for an individual, the Contractor shall ensure that each badge applicant passes the required Criminal Background Check and Drug Testing requirements as detailed below. 1. DRUG TESTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTS. A. 12-PANEL DRUG TEST REQUIREMENTS 0 The 12-panel drug testing must be performed by a reputable laboratory (Concentra, Quest Diagnostics or equal) and must include testing for the following drugs: LU 1) Cocaine i 2) Marijuana (THC, cannabinoids) 3) Phencyclidine (PCP—angel dust) -- 4) Amphetamines (including methamphetamines) 5) Basic Opiates (including heroin, morphine, and codeine) 2 6) Benzodiazepines (including valium, Xanax) CL 7) Barbiturates 8) Methadone 9) Propoxyphene c 10) Methaqualone (Quaaludes) T 11) Expanded amphetamines MDMA/6AM (Ecstasy, Molly) 12) Expanded opiates (painkillers like Percodan, Percocet, oxycodone, oxymorphone, hydrocodone) Once a Drug Test has been conducted, the Contractor shall be responsible for reviewing and approving applicants before submitting a badge request. In cases where a test shows a positive result for a prescription drug, the Contractor's designated Medical Review Officer (MRO) would then contact the applicant for an explanation and give the applicant the chance to provide appropriate proof of a legal prescription and any other relevant information. SPECIAL PROVISIONS IV-33 Packet Pg.795 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 B. CRIMINAL BACKGROUND CHECK REQUIREMENTS The Criminal Background Check must be conducted on each badge applicant by a reputable firm that is in the business of providing background checks for employment (such as Pinkerton or equal) and must include: 1) Social Security Number Check 2) National Sex Offender Registry 3) Criminal Background Check a) County—County of residence and neighboring counties b) State—State of residence CL Once the Criminal Background Report has been acquired for a badge applicant, the Contractor shall be responsible for reviewing the report and approving applicants before submitting a NIP ID badge request. The Contractor is prohibited from submitting badge applicants with any past charges and/or convictions related to felonies, violent crimes, sex offenses, illegal drugs/narcotics, offenses against children and/or the elderly, physical/aggravated assault, theft/burglary and/or deadly weapons charges. 0 2. No later than Thirty (30) days prior to the start of construction, the Contractor will be required to email their completed "Request for Issuance of NIP Construction Site ID LU Badge" form (which will be provided) to the Program Manager. (Please note that this list i must contain the sufficient number of on-site construction personnel needed to comply with all Phase 1A monthly construction deadlines). 3. The Contractor will also be required to email a copy of the 12-Panel Drug Test results on the requested personnel with the "Request for Issuance of NIP Construction Site ID 2 Badge" form. In the case where the test shows a positive result for a prescription drug, the applicant must provide proof of a legal prescription, and the MRO must recommend approval. If approved, the Contractor should then check-mark the box indicating "Drug CL Test Reviewed & Approved" on the "Request for Issuance of NIP Construction Site ID Badge" form. If the applicant does not provide acceptable proof or provides acceptable proof but the MRO notes safety concerns, then the Contractor should not submit the applicant for badging. c A color head shot photo (digital JPEG) for all requested on-site construction personnel >_ must also be included with the request. All photos must be a clear head shot taken from the shoulders up, looking straight at the camera without any sunglasses/hats/obstructions and taken against a neutral background. 4. After the Program Manager's review and acceptance, they will prepare and issue the NIP ID Badge for all approved daily on-site construction personnel before the start of construction. 5. The Contractor shall ensure that a valid, properly assigned NIP ID badge be worn and visible by all daily on-site construction personnel at all times. All other guests or temporary workers of the Contractor will need to wear a "Temporary" badge, to be issued by the Program Manager on a daily basis. All construction personnel who do not possess or display a valid badge, (such as material delivery persons) must be continuously escorted by a properly-badged person, while on-site. The Program Manager reserves the right to SPECIAL PROVISIONS IV-34 Packet Pg.796 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 revoke a NIP ID badge with proper cause or remove any construction personnel who do not display a valid NIP ID badge at all times while on the NIP construction site. 6. There will be a fee assessed for each photo-security badge not returned to the Program Manager. A fee will be assessed for each temporary badge not returned to the Program Manager. (Refer to Special Provision 6 Safety and Security Requirements) CL LU c N 2 CL N SPECIAL PROVISIONS IV-35 Packet Pg.797 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 SPECIAL PROVISION NO. 13 DEFICIENCY POINTS 1. DEFICIENCY POINT SYSTEM A. The Program Manager will have the authority to issue Deficiency Points to the Contractor, as a result of failure by the Contractor to meet construction performance guidelines stated in this Project Manual. Pursuant to the list of deficiencies below, .� Deficiency Points will be issued on a per-occurrence/per-condominium unit basis and will accumulate within the Total Construction Period (see Section 01100 Paragraph 1.08). B. TWO (2) DEFICIENCY POINT ISSUANCE. The Contractor shall receive two (2) Deficiency Points, for each occurrence, when the Contractor: 1) Fails to comply with the requirements listed in Section 01100, 1.08 Work Sequence during construction. 2) Fails to comply with Section 01500, Temporary Facilities and Controls. 3) Fails to comply with Final Cleaning Procedures in Section 01770, Closeout Procedures. i 4) to meet General Contractor construction communication requirements outlined in Section 01250 - Contract Modification Procedures, Paragraph 1.02. C. THREE (3) DEFICIENCY POINT ISSUANCE. The Contractor shall receive three (3) Deficiency Points, for each occurrence, when the Contractor: N 1) Fails to work in accordance with the approved construction schedule and all subsequent revisions approved by the Program Manager. 0. 2) Fails to complete Punchlist items within the number of days identified under Section 01100 — 1.08Q. 3) Fails to meet a pre-approved construction schedule extension period. 4) Fails to make payments to Suppliers, Subcontractors, and/or Employees in y accordance with the Contract requirements. .5 5) Submits a Product Submittal to the Architect on more than three (3) successive occasions. 6) Submits Product Submittal that are late, incomplete, illegible or improperly organized. 7) Fails to provide proper dust control in the condominium (each occurrence) during construction which must include poly protection of stored furniture, bathroom & closet doors, smoke alarms, ductless AC units, kitchen cabinets and counters, kitchen appliances, walls, light fixtures as specified in Volume 2—Section 01140 — 1.05. 8) Fails to provide proper dust control in the condominium (each occurrence)when cutting, sanding, chipping is occurring at all window and door rough openings during construction as specified in Volume 2 —Section 01140— 1.05. SPECIAL PROVISIONS IV-36 Packet Pg.798 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 9) Fails to provide proper protection (each occurrence) to floors in the condominium (each occurrence) as specified in Volume 2—Section 01140— 1.05. 10) Fails to complete Substantial Completion and/or Final Completion (each occurrence) within the approved calendar day construction period in each unit. D. FIVE (5) DEFICIENCY POINT ISSUANCE. The Contractor shall receive five (5) Deficiency Points, for each occurrence, (unless noted otherwise) when the Contractor: 1) Fails to meet construction completion of a condo unit within the approved calendar day construction schedule. Deficiency Points will be issued per day. 2) Fails to comply with all requirements as defined in the Phase 1 KW NIP CL Construction Safety and Phasing Plan. 3) Fails to comply with all requirements as defined in Volume 3 of 5 — Lead Based Paint and Asbestos Remediation Specifications. 4) Fails to have lead supervisory staff on-site at all times throughout the entire construction schedule to include Project Manager, Project Superintendent — Construction & Quality Control, Superintendent — Construction Logistics and Planning and/or Lead Asbestos Abatement Supervisor. 5) Fails to display security badges (or designated project identification) at all times on all NIP work sites. i 6) Depicts improper communication and/or actions to any Property Owner and/or Residents. 7) Fails to follow safety or security requirements, as dictated by Program Manager. c 8) Fails to maintain a safe work site and/or building security. v', T 9) Fails to comply with established worker conduct requirements. 0. 10) Fails to properly secure staging area, dumpsters, material POD's, tools, materials, and/or temporary waste sites. 11) Fails to follow all asbestos abatement requirements, where required. 12) Fails to comply with the Design Documents without prior approval of the Program Manager and/or Architect. N 13) Fails to listen and/or follow Program Manager's directions. 14) Fails to revise and correct work performed by employee(s) and/or sub-contractor that do not not comply with the Design Documents. 2 DEFICIENCY POINT ACCUMULATION AND PENALTIES A. DEFINING A CONTRACT DEFAULT. Sponsor will define a Contract Default as the issuance of Sixty (60) or more Deficiency Points during the total construction period. B. TERMINATION OF CONTRACT. In the event that a default of the Contract has been determined, Sponsor will reserve the right to pursue immediate termination of the Contract, according to the conditions defined in the General Provisions Section 80. SPECIAL PROVISIONS IV-37 Packet Pg.799 C.18.c Key West International Airport Noise Insulation Program Construction of KWBTS Building A — Phase 1 C. LIMITING FUTURE PROGRAM PARTICIPATION. If a Contractor receives above Forty (40) Deficiency Points for nonperformance within the construction period, Sponsor will reserve the right to suspend the Contractor from bidding on future Key West International Airport Noise Insulation Program (NIP) project bid opportunities. c i c N 2 0. N SPECIAL PROVISIONS IV-38 Packet Pg.800