Item U05 U.5
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.���` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: U.5
Agenda Item Summary #7588
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
NA
AGENDA ITEM WORDING: Approval to waive three minor bid irregularities and award bid and
contract to Design Center, Inc., in the amount of $319,500.00 for the Florida Keys Marathon
International Airport Terminal Interior Rehabilitation project. The project is funded by State FDOT
Grant GIP52 (80%) and Marathon Airport Operating Fund 403 (20%).
ITEM BACKGROUND: Five (5) bids were received at the bid opening held on November 3,
2020 and Design Center had the lowest bid at $319,500.00. (The Bid tab shows Design Center's
base bid of$264,500 versus actual bid of$319,500).
The Design Center's minor bid irregularities were as follows:
1. In Section C -Proposal and Schedule of Bid Items, Total Base Bid written in words read:
"Two Hundred Sixty Four Thousand Five Hundred Dollars" which did not include the listed
total allowances of$55,000. However, in Attachment"A" Schedule of Bid Items, Schedule
of Quantities the total reads "$319,500" which correctly sums the total all `Extended Item
Costs.'
2. Section J- Disadvantaged Business Enterprise Program only stated: "See attachments" and
does not record the total dollar value of subcontractor work or the total DBE Percent.
3. Attachment 1 - DBE Utilization Form identifies that the bidder"is committed to a minimum
of 0.0% DBE utilization on this contract." However, Attachment 2 - Letter of Intent Form
affirms that N&P Construction will perform demolition work in the amount of 57,900 on this
project and is signed by the president of the DBE firm which is currently a registered DBE
per FLUCP.
An Additional Attachment 2 - Letter of Intent Form affirms that Florida Keys Electric will
perform electrical demolition and installation work in the amount of 74,789.33 on this project
and is signed by the Sr. estimator and State certified E.C. of the DBE firm which is currently
a registered DBE per FLUCP.
If both DBE participants are totaled per Attachment 1, the DBE total participation would be
$132,689.33 which equates to 41.53% of the bid amount, which greatly exceeds the stated
Aspirational DBE goal of 10.65%.
PREVIOUS RELEVANT BOCC ACTION: Approval of FDOT Grant GIP52 on September 19,
2020.
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CONTRACT/AGREEMENT CHANGES:
new contract
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Design Center Contract MTH Terminal Interior Rehab
Bid Tab
Design Center's Proposal
MTH Terminal Interior Rehab -Volume 1
FINANCIAL IMPACT:
Effective Date: Upon Notice to Proceed(NTP)
Expiration Date: 180 days after NTP
Total Dollar Value of Contract: $319,500.00
Total Cost to County: -0-
Current Year Portion: $319,500
Budgeted: yes
Source of Funds: FDOT Grant G1P52 (80%) and Airport Operating Fund 403 (20%)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes, will be provided prior to County execution of the contract
Additional Details:
12/09/20 403-63502 - MARATHON AIRPORT R & R $63,900.00
REVIEWED BY:
Richard Strickland Completed 11/10/2020 2:44 PM
Pedro Mercado Completed 11/10/2020 3:02 PM
Purchasing Completed 11/10/2020 3:03 PM
Budget and Finance Completed 11/10/2020 4:43 PM
Maria Slavik Completed 11/10/2020 5:21 PM
Liz Yongue Completed 11/10/2020 5:25 PM
Board of County Commissioners Pending 11/17/2020 9:00 AM
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E C T 1 0 N D
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CONTRACT
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
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THIS AGREEMENT made and entered into the 17th day of November , 2020
by and between Design Center, Inc. Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner,
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows.
i
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„ Farm 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:
Terminal Interior Rehabilitation
Florida 'Keys Marathon International Airport
Monroe County, Florida
. That the Contractor shall commence the work to be performed under this i
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within one hundred eighty (180) calendar days
from the Notice-to-Proceed (Construction) as per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the 0
agreement, subject to additions and deductions as provided in the
contract documents the Contract Lump sum of
Three Hundred Nineteen Thousand and Five Hundred Dollars =
( 319,50C,00 �
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. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project.
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
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substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
Contractor's Applications for Payment. Applications for Payment shall indicate the °
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all �
payrolls, material bills and ether costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of i
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is E
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 0
band to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to 0
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, not 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. Records shall be
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retained for a period of seven years from the termination of this agreement or for a
period of three years from the submission of the final expenditure report as per
2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 seven years fallowing the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
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 County 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 i
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County 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 County may 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. E
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be, required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County 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. _
(3) 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 County.
(4) upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
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would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from .2
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 County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time. _
If the Contractor does not comply with the County's request for records, i
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County'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
County or pursuant to a valid public 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 QUESTION'S REGARDING THE APPLICATION OF E
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-BRIANQMONROECOUNTY-FL GOV, M+DNROE COUNTY
ATTORNEY'S OFFICE.., 1111 12th STREET, SUITE 408, KEY WEST, FL 33040 E
0
10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's elected
and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative =
proceedings, appellate proceedings, or other proceedings relating to any type
of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation,
costs of remediation and costs of additional security measures that the
Federal Aviation Administration , the Transportation Security
Administration or any other governmental agency requires by reason
of, or in connection with a violation of any federal law or regulation,
attorneys` fees and costs„ court costs, fines and penalties) that may be
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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 ether invitees
on the Airport 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 County or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will
survive the expiration of the terra 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 i
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County 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.
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 COUNTY at the time of execution of this Agreement and certified E
copies provided if requested. Each policy certificate shall be endorsed with a
prevision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
10, NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.2 ,
Florida Statutes, the participation of COUNTY 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 COUNTY be required to contain any provision for
waiver.
1. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit
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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.
1 . NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to E
the other party by certified snail, returned receipt requested, to the following:
FOR COUNTY:
Beth Leto, CPM
Deputy Director, Airport Finance & Admin. _
Key West International Airport
i
3491 South Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR: 0
.Andrew George
6677 Overseas Highway
Marathon, FL 330SO
13. GOVERNING LAW VENUE. AND INTERPRETATION: This Agreement shall be 0
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 this Agreement, the COUNTY and =
CONTRACTOR agree that venue will lie in the appropriate court or before the �
appropriate administrative body in Monroe COUNTY, Florida.
1 . MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. 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
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circuit court of Monroe County,
15. 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 p g prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the
event any cause of action or administrative proceeding is initiated or i
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.
17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY
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 E
are still not resolved to the satisfaction of COUNTY 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.
16. COOPERATION: In the event any administrative or legal proceeding is Instituted
against either party relating to the formation, execution, performance, or breach of 0
this Agreement, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR _
specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
19. BINDING EFFECT:The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of COUNTY and CONTRACTOR and their
respective legal representatives, successors, and assigns.
20. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
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authorized by all necessary County and corporate action, as required by law.
21. 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
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. 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 LM
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 i
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
2 . 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 COUNTY and the CONTRACTOR agree that
neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have _
entitlements or benefits under this Agreement separate and apart, inferior to, or E
superior to the community in general or for the purposes contemplated in this
Agreement.
24. 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, 0
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.
25. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number LM
of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart,
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26.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 an further action on the art of an
y p y 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: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-168 , and 1685-
166), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s, 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination. Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, _
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse i
or alcoholism; 7) The Public wealth Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title V111 of the Civil Rights Act of 1968 (42 USC s. et seq.), _
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Chapter 14, Article [I, 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 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement. _
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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,
.2
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADGK, CLERK OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk. Mayor/Chairman
DESIGN CENTER INC.
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Title:
NOTARIAL JURAT
STATE OF: AAA
COUNTY OF:
Subscribed and sw n to (or affirmed) before me, by means of physical prey r In
notarization, on_ atRIOWn 1Q0WQWdate) by �
(name of affiant). He/She is personally known to me or has prod
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Florida Keys Marathon
International Airport
Monroe County
Terminal Interior Rehabilitation
Bid Documents
Project Manual - Volume 1
BIDDING REQUIREMENTS AND CONTRACT FORMS
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Prepared for:
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THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Ms. Michelle Coldiron, District 2 Mayor Pro Tem
Ms. Heather Carruthers, District 3 Mayor
Mr. Craig Cates, District 1 Commissioner
Mr. David Rice, District 4 Commissioner
Ms. Sylvia Murphy, District 5 Commissioner
Prepared by:
JACOBS
3150 SW 38th Ave., Suite 700
Doral, FL 33146
305.441 .1864
OCTOBER 2020
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SECTION 000010—TABLE OF CONTENTS
VOLUME 1 - BIDDING REQUIREMENTS AND CONTRACT FORMS
Division I—Bid Documents
Division 11- Contract °
Division III -General Provisions
Division IV- Special Provisions
VOLUME 2- TECHNICAL SPECIFICATIONS
Division 01 General Requirements
. 011000 Summary
. 012100 Allowances
. 012500 Substitution Procedures i
. 012600 Contract Modification Procedures
. 012900 Payment Procedures
. 013100 Project Management and Coordination
013200 Construction Progress Documentation
. 013233 Photographic Documentation
. 013300 Submittal Procedures
. 013516 Alteration Project Procedures
. 014000 Quality Requirements
. 014200 References
. 015000 Temporary Facilities and Controls
016000 Product Requirements
. 017300 Execution
. 017419 Construction Waste Management and Disposal
. 017700 Closeout Procedures
. 017823 Operation and Maintenance Data
. 017839 Project Record Documents
. 017900 Demonstration and Training
TABLE OF CONTENTS 000010 - 1
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Division 02 Existing Conditions
• 024119 Selective Demolition
Division 03 Concrete
030130 Maintenance of Cast-in-Place Concrete
033000 Cast-in-Place Concrete
Division 04 Masonry
• 04200 Unit Masonry
Division 06 Wood,Plastics, and Composites u
• 061000 Rough Carpentry
Division 07 Thermal and Moisture Protection
• 072100 Thermal Insulation
• 078413 Penetration Firestopping
078443 Joint Firestopping
079200 Joint Sealants
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Division 08 Openings
083113 Access Doors and Frames
087111 Door Hardware (Descriptive Specification) c
Division 09 Finishes
• 092216 Non-Structural Metal Framing
092400 Cement Plastering
092900 Gypsum Board
• 093013 Ceramic Tiling
095113 Acoustical Panel Ceilings
096513 Resilient Base and Accessories
• 096519 Resilient Tile Flooring
096623 Resinous Matrix Terrazzo Flooring
TABLE OF CONTENTS 000010 -2
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• 099113 Exterior Painting
• 099123 Interior Painting
• 099300 Staining and Transparent Finishing
Division 10 Specialties
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• 102800 Toilet, Bath and Laundry Accessories
Division 22 Plumbing
223300 Electric, Domestic-Water Heaters
224213.13 Commercial Water Closets
224216.13 Commercial Lavatories
Division 23 Heating,Ventilating and Air Conditioning(HVAC)
• 233713.23 Register and Grilles
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Division 26 Electrical
260519 Low-Voltage Electrical Power Conductors and Cables
260533 Raceways and Boxes for Electrical Systems
260553 Identification for Electrical Systems c
265119 LED Interior Lighting
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TABLE OF CONTENTS 000010 -3
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BID DOCUMENTS
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BIDDING REQUIREMENTS AND CONTRACT FORMS I-2
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DIVISION I
BID DOCUMENTS
SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS......................................1-6
SECTION B - INSTRUCTIONS TO BIDDERS..........................................................................................1-7
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS ..............................................................1-16
SECTION D - BID BOND..........................................................................................................................1-21
SECTION E - DRUG-FREE WORK PLACE............................................................................................1-23
SECTION F - PRIME BIDDER'S QUALIFICATIONS.............................................................................1-24
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES..........................................................................1-26
SECTION H -ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM .................................................1-27
SECTION I - INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING
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FEDERAL FUNDING ................................................................................................................................1-28 2
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SECTION J - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM...........................................1-31
SECTION K - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH( THE
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FLORIDA TRENCH SAFETY ACT..........................................................................................................1-32
SECTION L - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES............................................................................................1-34
SECTION M - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990.........................................I-al
SECTION N - CERTIFICATION OF NONSEGREGATED FACILITIES................................................1-38
SECTION 0 - FEDERAL WAGES DECISION ........................................................................................1-39 E
SECTION P - CERTIFICATION REGARDING DEBARTMENT,
SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSION - 49 CFR PART 29..............................................................................................................1-46
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-3
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SECTION Q - NON-COLLUSION AFFIDAVIT........................................................................................1-47
SECTION R—TEXTING WHILE DRIVING..............................................................................................1-48
SECTION S — PROCUREMENT OF RECOVERED MATERIALS.........................................................1-49
SECTION T -VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS.......1-50 -2
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SECTION A
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Tuesday, November 3, 2020, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
TERMINAL INTERIOR REHABILITATION
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. E
Requirements for submission and the selection criteria may be requested from DemandStar by
Onvia at www.demandstar.com OR www.monroecountybids.com. The Public Record is
available upon request.
,
In response to Covid-19, the Monroe County Purchasing Department has implemented a new
electronic process for receiving and opening sealed bids. Monroe County is committed to
continuing to receive and process competitive solicitations while maintaining the health and
safety of our employees and those who attend bid openings. Please do not mail or attempt to
deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL
NOT be accepted. i
The Monroe County Purchasing Department hereby directs that bids be submitted via email
to: - (c oroecounty- ov, no later than 3:00 P.M., on 11/03/2020. Please submit
your confidential financial information in a SEPARATE EMAIL from your bid and required
documents. Your subject line on both emails must read as follows:
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Marathon International Airport Terminal Interior Rehabilitation 11/03/2020 ,
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure
that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in c
advance of the bid opening, please email: omb-purchasingkmonroeconakyLfl.gov. The bid
opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on November
3,2020. You may call in by phone or internet using the following:
Join Zoom Meeting
https:Hmeboce.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose) et
Publication Dates
Citizen: Sat., 10/03/2020
Keys Weekly: Thur., 10/08/2020
News Barometer: Fri., 10/09/2020
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SECTION B
INSTRUCTIONS TO BIDDERS
PRE-BID NOTICE: A Pre-Bid Conference will be held on October 14, 2020 at 1:00 PM. in the
Florida Keys Marathon International Airport, 2nd Floor Airport Conference Room, 9400 Overseas
Highway, Marathon, FL 33050. Attendance at the Pre-Bid Conference IS mandatory. For
additional information concerning the pre-bid conference, please contact Beth Leto, Deputy
Director, Airport Finance and Admin. by phoning 305-809-5239.
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1. CONTENTS OF CONTRACT DOCUMENTS:
Proposal forms are contained in these Contract Documents. All papers bound with or
attached to the Proposal Form are a part of the Contract and must not be detached or altered.
A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not
less than five percent (5%) of the total amount of bid submitted shall accompany each a
proposal. The Bid Bond shall be made payable to Monroe County Board of County i
Commissioner. No Bid Bond will be required if the contract amount is less than
$150,000.00.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK:
The bidder shall examine carefully the site of the work and the Contract Documents
and he shall investigate and satisfy himself as to the conditions to be encountered, as to the c
character, quality and quantity of work to be performed and materials to be furnished and
as to the requirements of the Contract. Bidders shall familiarize themselves with all
federal and state laws, local ordinances and regulations which may in any manner
affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence
that the bidder has complied with these requirements.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
meaning of any part of the proposed Contract Documents, he may submit to the
Engineer, Jacobs Engineering Group, 3300 PGA Blvd., Suite 780, Palm Beach Gardens,
Florida, 33410, EMAIL: ryan.forney(a-)iacobs.com, a written request for an interpretation of the
proposed documents. No oral interpretations will be made to any respondent as to the meaning
of any part of the bid documents. A summary of questions received and answers provided will
be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar
and a notification will be furnished by DemandStar to all known prospective Respondents listed
as planholders prior to the established Response opening date. It shall be the Respondents sole
responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt
of such addenda in the space provided therefore in the proposal form. In case any respondent
fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be
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construed as though it had been received and acknowledged and the submission of his/her
proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the
bid documents and each respondent will be bound by such addenda, whether or not received by
him/her. It is the responsibility of each respondent to verify that he/she has received all
addenda issued before proposals are opened. Requests for interpretation will be accepted up to
fifteen (15) calendar days prior to the bid due date.
4. ADDENDA:
Any Addenda issued during the preparation of bids shall be included in the Proposal _
and shall become a part of the Contract Documents. Subcontractor's attention must be called to
these changes as well as to the effect Addenda may have on their work.
5. PREPARATION OF PROPOSAL:
Bidder shall submit the bidders proposal in electronic format (thumb drive) only.
Proposals shall be submitted on the Proposal Form contained in these Contract Documents.
Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state
the price for which he proposes to do the work written in ink. The bidder will be responsible for N
all errors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If
the bidder is an individual, his name and post office address must be shown. If a firm or i
partnership, the name and post office address of each member of the firm or partnership must
be shown. If a corporation, the Proposal must designate the state under the laws of which the
corporation is chartered, the names, titles and business addresses of its officers and the one �--
signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has
authority to such signature and that such signature is binding upon the firm or corporation. E
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On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and c
figures a unit price and in figures the product (extension) of the unit price and quantity in the
appropriate column for each bid item exclusive of those items for which a fixed contract unit
price and extension are shown. On "lump sum" items, the same amount shall be shown in both
the unit price (words and figures) and extension (figures only) columns. After all extensions are
made, the bidder shall total the extended amounts of the bid items and show his total of the
extended amounts of the bid items and show his total bid amount in the appropriate
place on the Proposal Form.
All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other
alteration of a figure shall be initialed by the signer of the proposal. The Bidder will check
the extension of each item given in the proposal and correct all errors and discrepancies. In
case of a discrepancy between a unit bid price and the extension amount, the unit price will
govern. In case of discrepancy between the unit price in words and figures, the words shall
govern. The sum of the correct extension amounts will be the contract bid price.
6. ALTERNATE AND ADDITIVE BIDS:
Where alternate designs are provided by the plans and proposal, the bidder shall enter prices
only on the items for the design alternate that will be most economical for him to
construct and other bid items that will be common for all alternates. The bidder shall enter the
words "No Bid" in the unit price column on items for the design alternates not selected.
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If any item on the proposal form permits a choice between alternate specified types of
materials, the bidder shall indicate by a checkmark the type of material he proposes to use.
If more than one type or none is checked, the Owner will make the selection. Where
alternate designs are provided for which bids area called for on each alternate, the bidder
shall furnish bid prices for each of the alternates. Failure to do this may be grounds for
rejection of the proposal.
Where additive bids are provided in the plans and proposal, the bidder shall enter prices for the
additive bid items. Additive bids are work items that the Owner would like to include in the
project depending upon base bid prices and the availability of Federal, State, and local funding.
7. REJECTION OF PROPOSALS:
Proposals may be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids or irregularities of any kind. Proposals in which prices are
obviously unbalanced may be rejected. The Owner reserves the right to waive minor
irregularities in any bid. The owner also reserves the right to reject any and all bids, to waive
informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any
item or items of bid and to award and/or negotiate a contract in the best interest of the County.
8. BID PRICE: i
The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local,
state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to
perform the work in full conformity with the Contract Documents.
9. PRE-QUALIFICATION OF BIDDERS:
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No proposal will be considered from any contractor unless he is licensed to do work in the
State of Florida and is properly qualified to submit a proposal for this construction in accordance
with all applicable laws of the State of Florida.
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Bidder shall submit "Evidence of Competency", consisting of statements covering the bidder's
past experience on similar work, a list of equipment that would be available, latest financial
statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime _
Bidder's Qualification Form.)
10.AWARD OF CONTRACT:
All bids, along with the staff recommendation, will be presented to the Board of County
Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board
reserves the right to reject any and all bids, to waive informalities in any or all bids, to re-
advertise for bids; and to separately accept or reject any item or items of bid and to award
and/or negotiate a contract in the best interest of the County. The award of the contract,
should it be awarded, will be made by the Owner to the lowest responsible bidder whose
proposal meets the requirements thereof. The award, if made, will be made within one
hundred twenty (120) days after opening of the proposal but no award will be made until the
responsibility of the bidder to whom it is proposed to award the contract has been
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investigated. Notice of award will be mailed by the Owner to the successful bidder at the
address stated in his proposal.
Any Bidder/Res pondent/Proposer who claims to be adversely affected by the decision or intended
decision to award a contract shall submit in writing a notice of protest which must be received by
the County within seventy-two (72) hours or three (3) business days, whichever is less, after the
posting of the notice of decision or intended decision on DemandStar or posting of the Notice of
Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda,
whichever occurs first. Additionally, a formal written protest must be submitted in writing and must
be received by the County Attorney's Office seventy-two (72) hours or three (3) business days
prior to the Board of County Commissioner's meeting date in which the award of contract by the
Board of County Commissioners will be heard. The only opportunity to address protest claims is
before the BOCC at the designated public meeting in which the agenda item awarding the
contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board
of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed
the protest is responsible for providing the Clerk with his/her name and residence prior to the
agenda item to award the contract being called in order to preserve their opportunity to be heard
on this matter. An individual has three (3) minutes to address the Commission and a person
representing an organization has five (5) minutes to address the Commission. The BOCC LM
decision to award the contract is final and at their sole discretion. Failure to timely protest within
the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, i
unless it is determined that it is in the best interest of the County to do so.
11.RETURN OF BID BOND:
All bid bonds except those of the two lowest qualified bidders will be returned promptly after the
tabulation of the bids has been made and in no case will a bid bond be held longer than one
hundred twenty (120) days without the bidder's written consent. c
12.EXECUTION OF CONTRACT:
The successful bidder will be required to execute the contract and furnish bond within fifteen
(15) days of date of notice to award. In the case of a corporation, the officer or agent to
execute the contract must be designated in a power of attorney executed by the Board of
Directors and duly certified by the Secretary and bearing the seal of the corporation.
When the successful bidder is a partnership, the power of attorney designating one
member of the firm to execute the contract shall be filed with the Owner. Such power of attorney
must bear the signature of the other members of the firm and must be executed before
a notary.
Any officer or agent signing on behalf of the surety company bonding the contractor
will be required to file a power of attorney with the bond executed and will be required to affix
the seal of the surety to said bond.
13.FAILURE TO EXECUTE CONTRACT:
Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond
within fifteen (15) days after notice of award has been issued by the Owner, the bond filed
with the proposal shall become the property of the Owner. At his option, the Owner may
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then annul the award and award the contract to the next lowest responsible bidder or
reject all proposals and re-advertise.
14.CONTRACT TIME:
The contractor shall begin work after receipt of the Notice to Proceed in accordance
with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2
and 3, and shall fully complete performance within one hundred eighty (180) calendar days of
Notice to Proceed Construction.
If the Contractor does not comply with the contract time, then liquidated damages will apply as E
per Special Provisions No. 2 and 3.
15.CONTRACT CLOSE-OUT:
Subsequent to the final acceptance of this project by the Owner, the
requirements of Special Provision No. 1, Section 25 "Project Documentation" Subsection H.
"Prerequisites to Substantial Completion" must be satisfied.
16.BID PROPOSAL SUBMISSION:
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The Bid Proposal submitted for the work included in this project shall include the following fully
executed documents:
A. Bid Proposal Contract (Division I, Section C)
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B. Schedule of Bid Items (Division I, Section C)
C. Bid Bond (Division I, Section D)
D. Drug-free Work Place (Division I, Section E)
E. Prime Bidder's Qualifications (Division I, Section F)
F. Disclosure of Lobby Activities (Division I, Section G) E
G. Acknowledgment of Receipt of Addendum (Division I, Section H)
H. Disadvantaged Business Enterprise (Division I, Section J)
I. Bidder's Affidavit in Compliance with the Florida Trench Safety Act
(Division I, Section K)
J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public
Entity Crimes (Division I, Section L)
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K. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause)
(Division I, Section M)
L. Certification of Non-segregated Facilities (Division I, Section N)
M. Federal Wage Decision (Division I, Section O)
N. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion-49 CFR Part 29 (Division I, Section P)
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O. Copy of Contractor's license for State of Florida r
P. Bidder's Statement on Insurance (Division III, Section 140) ,
Q. Non-Collusion Affidavit (Division I, Section Q)
R. Texting While Driving (Division I, Section R)
S. Procurement of Recovered Materials (Division I, Section S) i
T. Vendor Certification Regarding Scrutinized Companies Lists (Division I, Section T)
17.MARKING AND MAILING BIDS:
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Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed
and marked on the outside as follows:
Monroe County Purchasing Department
1100 Simonton Street, Suite 2-213
Key West, Florida 33040 c
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport - Bid Submission
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Bids received prior to the time of opening will be securely kept, unopened. The Owner will
decide when the specified time has arrived and no bid received thereafter will be
considered. No responsibility will be attached to the Owner for the premature opening of a bid
not properly addressed and identified. Unless specifically authorized, telegraphic bids will not
be considered but modifications by telegraph of bids already submitted will be considered if
received prior to the hour set for opening.
18.WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic request received from bidders prior to the
time fixed for opening. Negligence on the part of the bidder in preparing the bid confers
no right for the withdrawal of the bid after it has been opened.
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19.BIDDERS PRESENT:
At the time fixed for the opening of the bids, their contents will be made public for the
information of bidders and other properly interested parties who may be present either in
person or by representation.
20.BIDDERS INTERESTED IN MORE THAN ONE BID:
If more than one bid for each contract is offered by any one party, by or in the name of his
or their clerk, partner or other person, all such bids may be rejected. A party who has quoted _
prices on materials to bidders is not thereby disqualified from quoting prices to other bidders
or from submitting a bid directly for the materials of work.
21.ERRORS IN BID:
Bidders or their authorized agents are expected to examine the maps, drawings, specifications
and all other instructions pertaining to the work, which will be open to their inspection. Failure to
do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the
bid. In case of error in the extension of prices, the unit price will govern. N
22.CONTRACT AND BOND: i
The bidder to whom award is made must, when required, enter into written contract on
the standard form as set out herein with satisfactory security in the amount required, within the
period specified or, if no period is specified, within ten (10) days after the prescribed forms are
presented to him for signature.
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23.COLLUSION
If there is any reason for believing that collusion exists among the bidders, any or all proposals
may be rejected and those participating in such collusion may be barred from submitting bids on
the same or other work.
24.SUBLETTING OR ASSIGNING OF CONTRACT:
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(a) Limitations: The Contractor shall not sublet, assign, transfer,
convey, sell or otherwise dispose of any portion of the contract, his right, title or interest
therein, or his power to execute such contract, to any person, firm or corporation without
written consent of the Owner and such written consent shall not be construed to relieve the
Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in E
the proposal or special provisions and with the assistance of workmen under his immediate
superintendence and reported on his payroll, all contract work of a value not less than fifty
percent (50%) of the total contract amount, except that any items designated in the contract as
"Specialty Items" may be performed by subcontract. They may be deducted from the
total contract amount before computing the amount of work required to be performed by
the Contractor with his own organization.
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(b) Subcontractor's Status: A subcontractor shall be recognized only in the
capacity of an employee or agent of the contractor and the Contractor will be responsible to
the Owner for all of the subcontractor's work, including failures or omissions and his
removal may be required by the Engineer, as in the case of any employee.
25.PERMITS:
The county cautions bidders that the contractor shall also be responsible for the permit fees of
any state or federal agency having permitting jurisdiction over the project, including but not
limited to, the ACE, DNR, and DER.
26.PRE-SUBMITTALS:
Pre-submittal of data on various equipment, if required in the proposal, shall be made by the
bidder and approval obtained from the Engineer. This approved list shall be the actual
equipment used in the construction of this project if the contract is awarded on the bid.
27.SHOP DRAWINGS:
Shop drawings will be reviewed by the Engineer for general conformance in accordance with
the contract documents. The Contractor shall check all shop drawings in detail and stamp with i
his approval prior to submittal to the Engineer.
The Engineer's review of shop drawings shall not relieve the Contractor from his
responsibility for any deviations from the requirements of the contract
documents. Contractor shall submit five (5) copies of shop drawings to the
engineer for approval.
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28.FLORIDA TRENCH SAFETY ACT:
In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall
indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act
and shall also complete and properly execute the bidder's Affidavit in compliance with the
provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes).
29.SCHEDULE OF WORK:
Contractor shall coordinate work items that may overlap with other work being performed by
other contractors. Each bidder shall take this into account and no provision for re-mobilization or
re-negotiation for time delay can be made. Depending on the bids received, certain
quantities may be increased or decreased and no provision shall be made for re-
negotiation (see Division I, General Provisions, Section 40, for further information).
30.PROJECT FUNDING:
Work included in this project will be paid by funds from Monroe County, the Federal
Aviation Administration (FAA), Florida Department of Transportation (FDOT) and in part
from Key West International Airport Operating Funds.
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31.DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS:
The DBE goal for this FAA funded project is 10.65%. All respondents shall be required
to meet this goal. Respondents may meet this goal by being a certified DBE under
FUCP or by subcontracting a portion of the work to a DBE certified under FUCP. Any
respondent that is unable to meet this goal will be required to provide documentation of
its good faith effort to meet this goal. Any bid proposal that fails to meet the DBE goal
and fails to provide adequate documentation of a good faith effort to meet the goal shall
be deemed non-responsive for failing to comply with the DBE requirement.
32.PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date .N
of being placed on the convicted vendor list.
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33.DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION:
DBE POLICY: It is the policy of the Florida Department of Transportation that disadvantaged --
business enterprises as defined in 49 CFR Part 26, as amended, have the maximum
opportunity to participate in the performance of contracts financed in whole or in part E
with Department funds contract. The DBE requirements of 49 CFR Part 26, as amended,
apply to this contract. ,
DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged
Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum
opportunity to participate in the performance of contracts. In this regard, all contractors shall
take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to
ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perform contracts. Grantees, recipients and their contractors shall not discriminate on
the basis of race, color, national origin or sex in the award and performance of
Department assisted contracts.
The Disadvantaged Business Enterprise Program statements and certification shall be
fully completed and submitted as required by Section 150 of the specifications. This
form is provided in Division I, Bid Documents, Section J.
34.EQUAL EMPLOYMENT OPPORTUNITY:
In connection with the carrying out of this project, the contractor shall not discriminate
against any employee or applicant for employment because of race, age, creed, color,
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,
age, creed, color, sex, marital status, familial status, sexual orientation, gender identity,
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expression or national origin. Such action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor shall insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials.
35.CERTIFICATION OF NONSEGREGATED FACILITIES:
The Certification of Non-segregated Facilities as required by Section 160, shall be completed
and submitted with the bid proposal. This form is provided in Division I, Bid _
Documents, Section N.
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SECTION C
PROPOSAL AND SCHEDULE OF BID ITEMS
Contract
BID TO: Monroe County Purchasing Department 1100 Simonton Street
Suite 1-213
Key West, Florida 33040
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BID FROM:
Submitted (Date):
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The undersigned, as Bidder, hereby declares that he has examined the site of the work and
informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual
documents relative thereto, and has read all bid documents, Contract Documents,
General Provisions, Special Provisions and Specifications furnished; and that he has satisfied
himself relative to the work to be performed.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the
Monroe County Board of Commissioners, in the form of contract specified, to furnish all
necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor c
necessary to and to complete the construction of:
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport - Bid Submission
Monroe County, Florida
in full and complete accordance with the shown, noted, described and reasonably
intended requirements of the plans, specifications and contract documents to the full and
entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding
that no money will be allowed for extra work except a set forth in the attached Contract
Documents for the unit prices listed opposite each item.
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The Contractor shall complete the Schedule of Values included as Attachment"A". The Schedule
shall be added and the final total base bid amount will be:
$ Dollars
(Total Base Bid - words)
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It is agreed that the description under each item, being briefly stated, implies, although it does
not mention, all incidentals and that the prices stated are intended to cover all such work,
materials and incidentals as constitute Bidder's obligations as described in the specifications
and any details not specifically mentioned, but evidently included in the contract shall be
compensated for in the item which most logically includes it.
The quantities for bid items listed on the attached Schedule of Bid Item sheets are
estimated quantities only for the purpose of comparing bids. Any difference between these i
estimated quantities and actual quantities required for construction will not be allowed as
basis for claims by the Contractor for extra compensation. Compensation will be based on the
unit prices and actual construction quantities and may be modified as stipulated by Sections 20- �-
05 and 90-03 of the General Provisions.
The bidder further proposes and agrees hereby to commence the work with an
adequate force, plant and equipment at the time stated in the notice to the Contractor from
the Owner to proceed and fully complete performance within the time period stated in the
Instructions to Bidders from and after the date stated in the Notice-to-Proceed.
The bidder understands that the county will decide, in its sole discretion, to proceed, or not to c
proceed, with the additive bid work. Except as otherwise provided in the contract documents,
Bidder shall not be entitled to any additional costs, expenses, etc. beyond the Total Base Bid in
the event the County chooses not to proceed with the additive bid work.
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The undersigned further agrees that in case of failure on his part to execute the said contract
and the bond within ten (10) consecutive calendar days after written notice being given of
the award of the contract, the check or bid bond in the amount as specified herein
accompanying this bid and the monies payable thereon, shall be paid into the funds of the
Monroe County Board of Commissioners as liquidated damages for such failure; otherwise,
the check or bid bond accompanying this proposal shall be returned to the undersigned.
Monroe County's performance and obligation to pay under this Contract, is contingent upon an
annual appropriation by the BOCC.
Attached hereto is a certified check on the
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Bank of or a bid bond for
the sum of dollars ($ ) made
payable to the Monroe County Board of Commissioners.
Checkmarks
I have included Division I which entails the proposal forms.
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Schedule of Bid Items (Attachment"A"). r
Bid Bond
The Drug-Free Workplace form.
Prime Bidder's Qualifications:
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List of major contracts in past 10 years
List of equipment and plant available for this project
_ Copy of latest financial statement
Disclosure of Lobby Activities
Acknowledgement of Receipt of Addendum
Disadvantaged Business Enterprise Program
DBE Utilization Form "Attachment 1", Division III
_ DBE Letter of Intent"Attachment 2", Division III
Bidder's Affidavit in Compliance with Florida Trench Safety Act
Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity
Crimes c
Sworn Statement Under Ordinance No. 10-1990
Certification of Non-segregated Facilities
Federal Wage Decision E
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
49 CFR Part 29
Copy of Bidder's License for State of Florida, evidence of competency and evidence of
financial responsibility
Bidder's Statement on Insurance
Non-Collusion Affidavit
(Checkmark items above as a reminder that they are included.)
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Mailing Address:
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Phone Number: r
Date: Signed:
(Name)
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(Title) .�
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Witness: c
(Seal)
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ATTACH M ENT " A "
SCHEDULE OF BID ITEMS
Terminal Interior Rehabilitation
BIDDER NAME: -
AIRPORT NAME: Florida Keys Marathon International Airport
PROJECT DESCRIPTION: Terminal Interior Rehabilitation
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SUMMARY OF QUANTITIES °®
ITEM EXTENDED ITEM
DESCRIPTION CITY UNITS BID UNIT PRICE
NO COST
Terminal Interior Rehabilitation, As
1 Detailed In The Contract Documents—All 1 LS
Inclusive i
Contingency—Unforeseen Construction
2 Conditions, allowance authorized use at 1 LS $30,000.00 $30,000.00 _
owner's discretion
Contingency—Testing and Inspection, m
2 allowance authorized use at owner's 1 LS $5,000.00 $5,000.00
discretion
3 Monroe County Building Permit 1 LS $20,000.00 $20,000.00
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Total $
Payment for the work shall be made at the contract price and payment shall be full
compensation for furnishing all materials, equipment, labor, processes, tools and
incidental costs required to complete the work.
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SECTION D
BID BOND
Contract
KNOW ALL MEN BY THESE PRESENTS, that we:
as Principal, hereinafter called
the Principal, and a corporation duly
organized under the laws of the State of Florida, as Surety, hereinafter called the
Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee,
hereinafter called the Obligee, in the sum of:
dollars ($ _________), for the payment of which sum well and truly to be
made, the said Principal and the said Surety bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
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NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a E
contract with the Obligee in accordance with the terms of such bid and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient ,
surety for the faithful performance of such contract and for the prompt payment of labor
and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in c
said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the
Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal
shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's
good faith efforts to meet such goals in the manner and within the time required in such
specifications. Failure to supply such information as required shall result in a forfeiture of
this bid bond in the same manner and to the same degree as though Obligee had
accepted Principal's bid and Principal had thereafter failed or refused to enter into
the contract with Obligee as set forth in the immediately preceding paragraph.
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Signed and sealed this day of 120
(Principal) (Seal)
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(Witness)
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(Title)
(Surety) (Seal)
(Witness) a,
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Countersigned by:
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By:
(Title)
All bonds must be signed by a Florida resident agent with a legal street address; Post Office
boxes are not acceptable. Bid will not be considered unless the bid bond is signed by
both Principal and Surety.
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SECTION E
DRUG FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that:
(Name of Business)
1 . Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations
of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business' a
policy of maintaining a drug-free workplace, any available drug counseling, i
rehabilitation and employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in Sub-section (1).
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4. In the statement specified in Sub-Section (1), notify the employees that as a c
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state for
a violation occurring in the workplace no later than five (5) days after such conviction. ,
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with the E
above requirements.
Bidder's Signature
Date:
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SECTION F
PRIME BIDDER'S QUALIFICATIONS
In order to determine if persons submitting bids are responsible, each contractor shall furnish
with his bid the following completed information, and signed statements on "evidence of .2
competency" and "evidence of financial responsibility", which is in accordance with
General Provision 20-02.
1. Name of Bidder:
2. Business Address:
3. Telephone Number:
4. When Organized:
5. Where Incorporated:
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6. A list of the person's shareholder with five (5) percent or more of the stock or, if a general
partnership, a list of the general partners; or if a limited liability company, a list of its
members.
7. A list of the officers and directors of the person;
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8. The number of years the person has been operating and, if different, the
number of years it has been providing the services, goods, or construction
services called for in the Bid.
9. The number of years the person has operated under its present name
and any prior names.
10. How many years have you been engaged in the contracting business under the _
present firm name?
11. What is the type of construction work in which you are principally engaged?
12. On separate sheet list major contracts in past 10 years.
13. On separate sheet list equipment and plant available for this project.
14. Enclose a copy of latest 3 years of Financial Statements for the responding entity or for
any entity that is a subsidiary to the responding entity.
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15. Credit Available for this Contract: $
16. Contracts now in hand, Gross Amount: $
17. Have you ever refused to sign a contract at your original bid?
18. On separate sheet, list the last five (5) projects over$500,000 on which the contractor has
worked, and telephone numbers.
19. Answers to the following questions regarding claims and suits: E
a. Has the person ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details.) ,
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, or its officers or general partners? (If yes,
provide details.)
C. Has the person, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction i
services similar to those requested in the specifications? (If yes, provide
details)
d. Has the person ever initiated litigation against the county or been sued by the --
county in connection with a contract to provide services, goods or
construction services? (If yes, provide details)
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e. Whether, within the last five (5) years, an officer, general partner, c
controlling shareholder or major creditor of the person was an officer,
general partner, controlling shareholder or major creditor of any other
entity that failed to perform services or furnish goods similar to those
sought in the request for bids;
f. Customer references (minimum of three), including name, current address and
current telephone number:
g. Credit references (minimum of three), including name, current address and
current telephone number.
20. Remarks:
(The above statements must be subscribed and sworn to before a Notary Public.)
Date:
Firm Name:
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By:
Title:
Notary Public:
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SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress or e®
an employee of a member of Congress in connection with the awarding of any ,
Federal contract, the making of any Federal Grant, the making of any Federal loan, the
entering into of any cooperative agreements and the extension, continuation, renewal,
amendment or modification of any Federal contract, Grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriate funds have been paid or will be paid to any i
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with this Federal contract, Grant, loan, or cooperative W
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities", in accordance with its instructions.
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(3) The undersigned shall require that the language of this certification be included in the c
award documents for all sub-awards at all tiers (including subcontracts, sub-grants and
contracts under Grants, loans and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Signed: Dated:
Contractor's Authorized Representative
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SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
Addendum
SignatureDate
No,.
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SECTION I
INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING
FEDERAL FUNDING
1. In accordance with 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE) Program
shall apply to this Contract. All persons or entities responding to this solicitation shall utilize,
or attempt to utilize, DBE firms to perform at least the assigned participation goal ("DBE
Goal") for this Contract. Bidders/Offerors shall submit at time of bid a Disadvantage
Business Enterprise (DBE) Utilization form — See Division III, Section 150-07 "Other
Contract Provision" Attachment 1 for this form.
2. Program Requirements for DBE participation:
a) For a DBE firm's participation to be considered in meeting the DBE goal, the DBE firm
must be certified as a DBE by a member of the Florida Unified Certification Program ca
(FLUCP) to perform the applicable work no later than the date your response or bid is
due to the County (i.e., time of bid opening).A comprehensive listing of certified DBE
firms is published in the Florida Department of Transportation (FDOT) Business
Directory and can be viewed at the following Unified Certification Program (UCP) i
website:
http://www3b.dot.state.fl.us/EgualOpportunityOfficeBusinessDirecto /
b) A certified DBE firm may only participate in a contract if it is performing a commercially
useful function. A certified DBE firm performs a commercially useful function when it is
responsible for execution of the work of the contract and is carrying out its
responsibilities by actually performing, managing, and supervising the work involved. To
perform a commercially useful function, the certified DBE firm must also be responsible,
with respect to materials and supplies used on the contract, for negotiating price,
determining quality and quantity, ordering the material, and installing (where applicable)
and paying for the material itself.
.2
3. Compliance with DBE goal requirements is a matter of responsibility. Information
demonstrating such compliance must be submitted with the bid at time of bid opening.
Bidder/Offeror must at least show an attempt to meet the DBE goal by providing
completed Letters of Intent (LOI) between Bidder/Offerer and Disadvantaged Business
Enterprise (DBE) forms for each DBE — See Division III, Section 150-07 "Other Contract
Provision" Attachment 2 for this form. Alternatively, Bidder/Offeror may show good faith
efforts to meet the DBE goal by providing an Application for Evaluation of Good Faith
Effort to Meet DBE Goals form - See Division III, Section 150-07 "Other Contract Provision"
—Attachment 3 for this form. Submittal of Attachment 3 also requires bidder/offer submittal
of supporting documentation of good faith efforts. Failure to meet the DBE goal or
demonstrate of good faith efforts to meet the DBE goal shall be grounds for a finding of non-
responsibility. In connection with the DBE goal, Bidder/Offeror may be deemed responsible
in one of two ways.
a) The first way you may be deemed responsible is by submitting Letters of Intent (LOls)
from certified DBE firms which, cumulatively, fully meet the goal.
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b) If the Bidder/Offeror is unable to fully meet the DBE Goal, the second way the
Bidder/Offeror may be deemed responsible is by demonstrating good faith efforts to
meet the goal ("Good Faith Efforts") and submits a completed Application for
Evaluation of Good Faith Effort to Meet DBE Goals. The Bidder/Offeror should
include any LOIs from certified DBE firms which partially meet the DBE goal and
additional documentation of good faith efforts on the part of the Bidder/Offeror to meet
the DBE goal. Such Good Faith Efforts shall be consistent with the guidance concerning
good faith efforts provided by the federal (U.S.) Department of Transportation, found in
Title 49 CFR 26, Appendix A. Without limiting the preceding sentence, documentation
Bidder/Offeror may submit to demonstrate Good Faith Efforts may include, but is not _
limited to:
i. Providing timely solicitation activities to certified DBE firms, including attendance
at pre-bid meetings, advertisements, or written notices;
ii. Identifying appropriate contract portions and scopes of work that certified DBE
firms could potentially perform;
iii. Providing timely and adequate information to the certified DBE firms(including
plans and specifications);
iv. Good faith negotiation with each interested, certified DBE firm (including names
and contact information of each DBE firm considered) with an explanation as to N
why negotiations failed; and
V. Investigating DBE qualifications and capabilities; list reason(s) if a certified DBE i
firm is rejected.
c) Bidder/Offeror shall submit Attachment 1, Attachment 2, and if needed, Attachment 3
with relevant documentation at time of bid with bid submittal. --
4. Additional factors in Review of Good Faith Efforts: In evaluating your Good Faith Efforts, the E
County may also consider the success other Bidder/Offerors that have responded to the
solicitation have had in meeting the DBE Goal. ,
5. Opportunity to Cure -The Airport's Disadvantage Business Enterprise Liaison Officer
(DBELO) shall review your bid/offer. If the DBELO discerns your intent to meet the DBE
Goal, but determines that your response contains technical errors or requires further c
documentation, then the DBELO may provide you with three (3) business days to correct
those errors or provide documentation.
6. Reconsideration of Lack of Good Faith Efforts - Within five (5) days of being informed by the E
Airport's DBELO that a bidder/offeror is not responsive because it has not documented
sufficient good faith efforts, the bidder or proposer may request administrative
reconsideration. The bidder or proposer must make this request in writing to the Director of
Airports:
Director of Airports
Key West International Airport
3491 South Roosevelt Boulevard
Key West, Florida 33040
Phone: (305) 809- 5210
Following the receipt of the request for reconsideration the Director of Airports shall review
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the request and shall either act as the Reconsideration Official or appoint a Reconsideration
Official to act on her behalf. The Reconsideration Official will not have a role in the original
determination that a bidder/offeror failed to meet the DBE goal or to document good faith
efforts. As part of the reconsideration, the bidder or proposer will have the opportunity to
provide written documentation or argument concerning the issue of whether it met the DBE
goal or made adequate good faith efforts to do so. The bidder or proposer will have the
opportunity to meet the Reconsideration Official in person to discuss the issue of whether it
met the goal or made adequate good faith efforts. The Reconsideration Official will send the
bidder or proposer a written decision on reconsideration no later than seven (7) days prior to
the award of the contract, explaining the basis for finding that the bidder or proposer did or _
did not meet the DBE goal or make adequate good faith efforts. In the event a bidder or
proposer protests the decision of the Reconsideration Official, the bidder or proposer must
appear at the Board of County Commissioners meeting at which the approval of the award
of contract is set to be heard. The bidder or proposer must submit a speaker's card and
request to be heard on the matter. The bidder or proposer shall be given an opportunity to
be heard before final award of the contract. The result of the reconsideration process is not
administratively appealable to the Department of Transportation — Federal Aviation
Administration (FAA).
7. DBE participation shall be counted in accordance with 49 CFR 26.55.
i
8. Nothing herein shall be construed to indicate that a higher level of certified DBE firm
involvement above the stated DBE goal will give any person or entity that has responded to
the solicitation or bid an advantage over other responders who have met the DBE goal or --
shown Good Faith Efforts, as determined by the County.
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SECTION J
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
(THIS FORM IS DUE AT TIME OF BID)
Contract
DBEs must be certified by a member of the Florida Unified Certification Program (FUCP) at time 1-
of bid. A list of certified DBE firms is available in the FDOT's Business Directory, which can be
accessed online at the following:
htts:// . ot.state. l.us/ ual pprtnity ice siess irectry/ _
(As Required by Division III, Section 150 of the General Provisions)
DBE Subcontractors Subcontract Work Item Dollar Value of Subcontract
Names/Address Work
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Total Dollar Value of Subcontract Work $
Total Dollar Value of Basic Bid $
Total DBE Percent (Round to nearest 1/10 percent) %
NOTE: The bidder must include with the bid proposal fully completed the Attachment 1 —
"Disadvantaged Business Enterprise(DBE) Utilization", and Attachment 2"Letter of Intent', and if needed
Attachment 3-Application for Evaluation of Good Faith Effort to Meet DBE Goals shown on Division I II—Section
150-07"Other Contract Provision".
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SECTION K
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT
(SECTION 553.60-553.64, FLORIDA STATUTES)
STATE OF FLORIDA )
) SS
COUNTY OF MONROE )
E
BEFORE ME, the undersigned authority, personally appeared
who, being duly sworn, deposes and says as follows:
That he is the duly authorized representative of:
i
(Name of Bidder)
being its
(Owner) (Partner) (President or other Corporate Officer)
2
and as such, has full authority to execute this Bidder's Affidavit. c
1. The full legal name and business address of the person or entity submitting this bid:
c
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2. By submission of this bid and subsequent execution of this Contract, the
undersigned bidder certifies that as successful bidder (Contractor) all trench excavation
done within his control (by his own forces or by his subcontractors) shall be accomplished
in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650,
Sub-part P, including all subsequent revisions or updates to these Standards as adopted by
the Department of Labor and Employment Security.
3. The bidder acknowledges that included in the various items listed in the Schedule
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of Prices Bid and in the Total Amount Bid are costs for complying with Florida Trench Safety
Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be
summarized below:
Trench SafetyMeasure Unit of
Measure Unit Unit Extended
(Description) (LF SY) Quantity Cost Cost
A
B
C
D
TOTAL: $
Signature of Authorized Representative:
i
Title Date
NOTARIAL JURAT
c
STATE OF:
COUNTY OF:
E
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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SECTION L
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
E
for
2. This sworn statement is submitted by
(name of entity submitting sworn statement)
whose business address is i
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: ) ,
3. My name is and
(please print name of individual signing)
c
my relationship to the entity named above is
4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect
to and directly related to the transaction of business with any public entity or with an
agency or political subdivision of any other state or of the United States, including,
but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States
and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or
material misrepresentation.
5. I understand that "convicted" or "conviction", as defined in Paragraph
287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a
public entity crime with or without an adjudication of guilt in any federal or state trial
court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo
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contendere.
6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity
crime; or
b. An entity under the control of any natural person who is active in
the management of the entity and who has been convicted of a public
entity crime. The term "affiliate" includes those officers, directors, E
executives, partners, shareholders, employees, members and agents who are
active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person or a pooling of
equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state
or of the United States with the legal power to enter into a binding contract and which
bids or applies to bid on contracts for the provision of goods or services let by a
public entity or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members and agents who are active in management of an
entity.
8. Based on information and belief, the statement which I have marked below is
true in relation to the entity submitting this sworn statement. (Indicate which
statement applies.)
Neither the entity submitting this sworn statement nor any of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity, nor any affiliate of the E
entity has been charged with and convicted of a public entity crime i
subsequent to July 1, 1989.
The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity or an affiliate of the
entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before a Hearing
Officer of the State of Florida, Division of Administrative Hearings. The
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Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the Final
Order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings. The Final Order entered by
the hearing officer determined that it was in the public interest to remove
the person or affiliate from the convicted vendor list. (Please attach a
copy of the Final Order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services.)
Signature of Authorized Representative:
i
Title Date
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NOTARIAL JURAT
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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SECTION M
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY,
FLORIDA
ETHICS CLAUSE
warrants that he/it has not
employed, retained or otherwise had act on his/its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 10-1990. 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.
i
(Signature)
Date:
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NOTARIAL JURAT
STATE OF:
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COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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SECTION N
CERTIFICATION OF NONSEGREGATED FACILITIES
CONTRACT
(As Required by Division III, Section 160 Subsection 160-02
Equal Employment Opportunity Requirements of the General Provisions)
E
The federally assisted construction contractor certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establishments, and that he does not permit his
employees to perform their services at any location, under his control, where segregated facilities
are maintained. The federally assisted construction certifies further that he will not maintain or
provide for his employees any segregated facilities at any of his establishments, and that he will
not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally assisted construction contractor agrees that a
breach of this certification is a violation of the equal opportunity clause in this contract. As used in i
this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms
and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, disability, sex, age,
ancestry, marital status, familial status, sexual orientation, gender identity, expression or national c
origin, because of habit, local custom, or any other reason. The federally assisted construction
agrees that (except where he has obtained identical certifications from proposed subcontractors
for specific time periods) he will obtain identical certifications from proposed subcontractors prior
to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the c
equal opportunity clause, and that he will retain such certifications in his files
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Signature of Contractor Title
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SECTION O
FEDERAL WAGE DECISION
"General Decision Number: FL20200022 05/15/2020
Superseded General Decision Number: FL20190022
State: Florida E
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories). i
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of$10.80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
.2
determination at least$10.80 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
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the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a)(2)-(60). Additional information on contractor -
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
E
Modification Number Publication Date ,
0 01/03/2020
1 05/15/2020
ELEC0349-003 09/02/2019
i
Rates Fringes
ELECTRICIAN......................$ 35.36 12.77
2
ENG10487-004 07/01/2013
Rates Fringes c
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity....................$ 29.00 8.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under.......................$ 22.00 8.80
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I RON0272-004 10/01/2019
Rates Fringes
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IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 25.49 11.99
----------------------------------------------------------------
PAIN0365-004 08/01/2019 -
Rates Fringes
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PAINTER: Brush Only.............$ 20.21 11.28
----------------------------------------------------------------
* SFFL0821-001 01/01/2020
Rates Fringes
i
SPRINKLER FITTER (Fire
Sprinklers)......................$ 29.18 19.75
----------------------------------------------------------------
SH EE0032-003 12/01/2013
2
0
Rates Fringes
SHEETMETAL WORKER (HVAC Duct c
Installation)....................$ 23.50 12.18
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SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER........................$ 15.08 5.07
CEMENT MASON/CONCRETE FINISHER...$ 12.45 0.00
FENCE ERECTOR....................$ 9.94 0.00
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LABORER: Common or General......$ 8.02 0.00
LABORER: Pipe|ayer..............$ 10.45 0.00
OPERATOR: Baokhoe/Enoavab»r.....$ 10.98 0.00 -�
OPERATOR: Paver (Asphalt, �
Aggregate. and Concrete).........$ 9.58 0.00
^
OPERATOR: Punnp.'...'...'..'.$ 11.00 0.00
PAINTER: RoUerandE)pray--.$ 11.21 0.00
PLUMBER..........................$ 12.27 3.33 op
ROOFER: Built Up, _
Composition, Hot Tar and
Single Ply.......................$ 14.33 0.00 0
SHEET METALWORKER, Excludes �
HVAC Duct Installation...........$ 14.41 3.01
TRUCK DRIVER, Includes Dump
and 10`/and Haul Away............$ 8.00 015
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\8/ELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order /E[}\ 13700. Establishing Paid Sick Leave
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for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours -
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other ,
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is ca
like family to the employee) who is a victim of, domestic N
violence, sexual assault, or stalking. Additional information
i
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
2
the scope of the classifications listed may be added after c
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
c
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
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(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this ,
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number ca
where applicable, i.e., Plumbers Local 0198. The next number, N
005 in the example, is an internal number used in processing
i
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014. W
Union prevailing wage rates are updated to reflect all rate c
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
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Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
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the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier. -
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate ca
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
i
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date c
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of c
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
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be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on -
a wage determination matter
* a conformance (additional classification and rate) ruling
E
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour ,
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the ca
Davis-Bacon survey program. If the response from this initial N
contact is not satisfactory, then the process described in 2.)
i
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
2
Branch of Construction Wage Determinations. Write to: c
Branch of Construction Wage Determinations
Wage and Hour Division c
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
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200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage -
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
E
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative ,
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
i
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION"
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SECTION P
CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION - 49 CFR PART 29
(Version 1 , 5/90) a,
The bidder/offerer certifies, by submission of this proposal or acceptance of this
contract, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligibility, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by submitting this proposal
that it will include this cause without modification in all lower tier transactions, solicitations,
proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier
participant is unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
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Signature of Contractor Title
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SECTION Q
NON-COLLUSION AFFIDAVIT
I, of the city of according
to law on my oath, and under penalty of perjury, depose and say that:
1) 1 am
of the firm of
the bidder making the bid proposal for the project described in the Notice for Calling for
bids for:
and that I executed the said proposal with full authority to do so:
2) The prices in this bid have been arrived at independently without collusion, consultation, ,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
i
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
(Signature of the Bidder) (Date)
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NOTARIAL JURAT
E
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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SECTION R
TEXTING WHILE DRIVING
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 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 Owner 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.
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SECTION S
PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act, and the regulatory provisions of 40 CFR Part 247. In the performance of
this contract and to the extent practicable, the Contractor and subcontractors
are to use of products containing the highest percentage of recovered materials
for items designated by the Environmental Protection Agency (EPA) under 40
CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated
item during the fiscal year; or,
b) The contractor has procured $10,000 or more of a designated item
using Federal funding during the previous fiscal year.
i
The list of EPA-designated items is available at
www. ov/eaaste/con serve/too ls/c /products/.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-
designated products if the contractor can demonstrate the item is:
2
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a) Not reasonably available within a timeframe providing for compliance
with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c
c) Is only available at an unreasonable price.
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SECTION T
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip: °®
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or 0
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to i
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized W
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged
in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified c
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed
on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may ,
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract
with the County may be terminated, at the option of the County, if the company is found to have ru
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
!Lttp://NN7ww.dms.mvflon'da.com/business operations/state urcliasin�4/vendor_infon ation/convicted sus
pended_dischminatory_complaints_vendor lists
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CONTRACT
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CONTRACT 11-2
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DIVISION 11
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND ........................................................................11-5
SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ..............................................11-15
SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS...............................................11-17
SECTION D - CONTRACT .......................................................................................11-19
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CONTRACT 11-4
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SECTION A
PUBLIC CONSTRUCTION BOND
By this Bond, We as Principal, whose
principal business address is as
corporation, as Surety, are bound to Monroe County hereinafter called County, in
the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for
payment which we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal: ,
1. Performs the contract dated, 2020 between Principal and County for
construction of Terminal Interior Rehabilitation the Contract being made a part of this
Bond by reference, at the times and in the manner prescribed in the Contract. N
2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the Contract, which is made a part
of this bond by reference, and in the times and in the manner prescribed in the Contract;
and
2
3. Pays the County all losses, damages, expenses, costs and attorney's fees,
including appellate proceedings, that County sustains because of a failure by Principal
under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void; otherwise it remains in full
force.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes
in or under the Contract Documents and compliance or non-compliance with any
formalities connected with the Contract or the changes does not affect Surety's
obligation under this Bond.
Bond of contractor constructing public buildings; form; action by material men
(Florida Statues-Section 255.05)
(1)(a) Any person entering into a formal contract with the state or any county, city, or
political subdivision thereof, or other public authority or private entity, for the
construction of a public building, for the prosecution and completion of a public work, or for
repairs upon a public building or public work shall be required, before commencing
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the work or before recommencing the work after a default or abandonment, to execute, deliver
to the public owner, and record in the public records of the county where the improvement is
located, a payment and performance bond with a surety insurer authorized to do
business in this state as surety. A public entity may not require a contractor to secure a
surety bond under this section from a specific agent or bonding company. The bond must state
on its front page: the name, principal business address, and phone number of the
contractor, the surety, the owner of the property being improved, and, if different from
the owner, the contracting public entity; the contract number assigned by the contracting
public entity; and a description of the project sufficient to identify it, such as a legal
description or the street address of the property being improved, and a general description of
the improvement. Such bond shall be conditioned upon the contractor's performance of the
construction work in the time and manner prescribed in the contract and promptly making
payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the
prosecution of the work provided for in the contract. Any claimant may apply to the
governmental entity having charge of the work for copies of the contract and bond and shall
thereupon be furnished with a certified copy of the contract and bond. The claimant shall have
a right of action against the contractor and surety for the amount due him or her, including
unpaid finance charges due under the claimant's contract. Such action shall not involve
the public authority in any expense. At the discretion of the official or board awarding such
contract when such work is done for any county, city, political subdivision, or public
authority, any person entering into such a contract which is for $200,000 or less may be
exempted from executing the payment and performance bond. In the event such W
exemption is granted, the officer or officials shall not be personally liable to persons suffering
loss because of granting such exemption. Any provision in a payment bond furnished for public
work contracts as provided by this subsection which restricts the classes of persons as defined
in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is
unenforceable.
(b) The Department of Management Services shall adopt rules with respect to all
contracts for $200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment submitted by a
contractor and procedures for determining disbursements from the amount retained on a pro _
rata basis to laborers, material men, and subcontractors, as defined in s. 713.01.
2. Procedures for requiring certification from laborers, material men, and subcontractors, as
defined in s. 713.01, prior to final payment to the contractor that such laborers, material men,
and subcontractors have no claims against the contractor resulting from the completion of
the work provided for in the contract. E
The state shall not be held liable to any laborer, material man, or subcontractor for any
amounts greater than the pro rata share as determined under this section.
(c)1. The amount of the bond shall equal the contract price, except that for a contract in excess
of $250 million, if the state, county, municipality, political subdivision, or other public entity
finds that a bond in the amount of the contract price is not reasonably available, the public
owner shall set the amount of the bond at the largest amount reasonably available,
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but not less than $250 million.
2. For construction-management or design-build contracts, if the public owner does not
include in the bond amount the cost of design or other non-construction services, the
bond may not be conditioned on performance of such services or payment to persons
furnishing such services. Notwithstanding paragraph (a), such a bond may exclude
persons furnishing such services from the classes of persons protected by the bond.
(2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a _
contractor or the contractor's agent or attorney may elect to shorten the prescribed time in
this paragraph within which an action to enforce any claim against a payment bond provided
pursuant to this section may be commenced by recording in the clerk's office a notice in
substantially the following form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
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To: (Name and address of claimant)
0
You are notified that the undersigned contests your notice of nonpayment, dated
and served on the undersigned on
and that the time within which you may file suit to W
enforce your claim is limited to 60 days after the date of service of this notice.
Date On:
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Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit to
enforce his or her claim against the payment bond within 60 days after service of such notice
shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the
claimant at the address shown in the notice of nonpayment or most
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recent amendment thereto and shall certify to such service on the face of such notice
and record the notice. Service is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractor shall, before
commencing or not later than 45 days after commencing to furnish labor, services, or W
materials for the prosecution of the work, furnish the contractor with a written notice that he
or she intends to look to the bond for protection. A claimant who is not in privity with the
contractor and who has not received payment for his or her labor, services, or
materials shall deliver to the contractor and to the surety written notice of the
performance of the labor or delivery of the materials or supplies and of the nonpayment.
The notice of nonpayment may be served at any time during the progress of the work or
thereafter but not before 45 days after the first furnishing of labor, services, or materials,
and not later than 90 days after the final furnishing of the labor, services, or materials by ,
the claimant or, with respect to rental equipment, not later than 90 days after the date
that the rental equipment was last on the job site available for use. Any notice of
nonpayment served by a claimant who is not in privity with the contractor which includes
sums for retainage must specify the portion of the amount claimed for retainage. No N
action for the labor, materials, or supplies may be instituted against the contractor or the
surety unless both notices have been given. Notices required or permitted under this
section may be served in accordance with s. 713.18. A claimant may not waive in
advance his or her right to bring an action under the bond against the surety. In any
action brought to enforce a claim against a payment bond under this section, the
prevailing party is entitled to recover a reasonable fee for the services of his or her
attorney for trial and appeal or for arbitration, in an amount to be determined by the
court, which fee must be taxed as part of the prevailing party's costs, as allowed in
equitable actions. The time periods for service of a notice of nonpayment or for bringing an
action against a contractor or a surety shall be measured from the last day of
furnishing labor, services, or materials by the claimant and shall not be measured by
other standards, such as the issuance of a certificate of occupancy or the issuance of a
certificate of substantial completion.
(b)When a person is required to execute a waiver of his or her right to make a claim against
the payment bond in exchange for, or to induce payment of, a progress payment,
the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of$ hereby waives its right to claim
against the payment bond for labor, services, or materials furnished through insert
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date to (insert the name of your customer) on the job of (insert the name of the owner),_
for improvements to the following described project:
Terminal Interior Rehabilitation This waiver does not cover any retention or any labor,
services, or materials furnished after the date specified.
DATED ON
(Claimant)
By-
(c) When a person is required to execute a waiver of his or her right to make a claim against
the payment bond, in exchange for, or to induce payment of, the final payment, the waiver
may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
i
AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of $_ hereby
waives its right to claim against the payment bond for labor, services, or materials
furnished to (insert the name of your customer) on the job of (insert the name of the owners
for improvements to the following described project:
Terminal Interior Rehabilitation
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DATED ON
Claimant
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By-
(d) A person may not require a claimant to furnish a waiver that is different from the
forms in paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may condition the waiver
on payment of the check.
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(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3) The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (enter bond number)
BY THIS BOND, We as Principal and a corporation, as Surety, are
bound to herein called Owner, in the sum of$ for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated between Principal and Owner for
construction of the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and a
i
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
2
Any action instituted by a claimant under this bond for payment must be in accordance with the c
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond. w
DATED ON
(Name of Principal)
By (As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall be construed
and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not
under any circumstances be converted into common law bonds.
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(5) In addition to the provisions of chapter 47, any action authorized under this section may
be brought in the county in which the public building or public work is being constructed
or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977.
(6) All payment bond forms used by a public owner and all payment bonds executed pursuant
to this section by a surety shall make reference to this section by number and shall contain
reference to the notice and time limitation provisions in subsection (2).
(7) In lieu of the bond required by this section, a contractor may file with the state, county,
city, or other political authority an alternative form of security in the form of cash, a money order,
a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed
in part II of chapter 625. Any such alternative form of security shall be for the same
purpose and be subject to the same conditions as those applicable to the bond required
by this section. The determination of the value of an alternative form of security shall be made
by the appropriate state, county, city, or other political subdivision.
(8) When a contractor has furnished a payment bond pursuant to this section, he or she may,
when the state, county, municipality, political subdivision, or other public authority makes any
payment to the contractor or directly to a claimant, serve a written demand on any claimant
who is not in privity with the contractor for a written statement under oath of his or her
account showing the nature of the labor or services performed and to be performed, if any; the
materials furnished; the materials to be furnished, if known; the amount paid on account to
date; the amount due; and the amount to become due, if known, as of the date of the
statement by the claimant. Any such demand to a claimant who is not in privity with the
contractor must be served on the claimant at the address and to the attention of any person
who is designated to receive the demand in the notice to contractor served by the
claimant. The failure or refusal to furnish the statement does not deprive the claimant
of his or her rights under the bond if the demand is not served at the address of the claimant
or directed to the attention of the person designated to receive the demand in the notice to
contractor. The failure to furnish the statement within 30 days after the demand, or the
furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the
statement, or who furnishes the false or fraudulent statement, of his or her rights under the
bond. If the contractor serves more than one demand for statement of account on a claimant
and none of the information regarding the account has changed since the claimant's last
response to a demand, the failure or refusal to furnish such statement does not deprive the
claimant of his or her rights under the bond. The negligent inclusion or omission of any
information deprives the claimant of his or her rights under the bond to the extent that the
contractor can demonstrate prejudice from such act or omission by the claimant. The
failure to furnish a response to a demand for statement of account does not affect the validity E
of any claim on the bond being enforced in a lawsuit filed before the date the demand for
statement of account is received by the claimant.
(9) On any public works project for which the public authority requires a performance and
payment bond, suits at law and in equity may be brought and maintained by and
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against the public authority on any contract claim arising from breach of an express provision or an
implied covenant of a written agreement or a written directive issued by the public authority
pursuant to the written agreement. In any such suit, the public authority and the contractor
shall have all of the same rights and obligations as a private person under a like contract
except that no liability may be based on an oral modification of either the written contract
or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state ,
and its political subdivisions from equitable claims and equitable remedies. The provisions of this
subsection shall apply only to contracts entered into on or after July 1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted against the contractor
or the surety on the payment bond or the payment provisions of a combined payment and
performance bond within 1 year after the performance of the labor or completion of delivery of the
materials or supplies. An action for recovery of retainage must be instituted against the
contractor or the surety within 1 year after the performance of the labor or completion of
delivery of the materials or supplies; however, such an action may not be instituted until one of the
following conditions is satisfied:
(a) The public entity has paid out the claimant's retainage to the contractor, and the time provided
under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired; i
(b) The claimant has completed all work required under its contract and 70 days have passed
since the contractor sent its final payment request to the public entity; or W
(c) At least 160 days have passed since reaching substantial completion of the
construction services purchased, as defined in the contract, or if not defined in the contract,
since reaching beneficial occupancy or use of the project. c
(d) The claimant has asked the contractor, in writing, for any of the following information and the
contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of
the request:
1. Whether the project has reached substantial completion, as that term is defined in the contract,
or if not defined in the contract, if beneficial occupancy or use of the project has occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the date
the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if so, the
date on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d)
is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation
period set forth in this subsection, this limitation period shall be extended until 120 days after one
of these conditions is satisfied.
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Principal agrees to record this Bond in the Official Records for Monroe County before
the commencement of the work subject of this Bond.
Dated on:
PRINCIPAL: -
Address:
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By:
As Attorney-in-Fact
SURETY: Address:
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Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
2
In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall c
provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent
Labor and Material Payment Bond each in an amount not less than the total construction cost.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
issued by the State of Florida, Department of Insurance, authorizing it to write E
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority
issued by the United States Department of Treasury under Sections 9304 to 9308
of Title 31 of the United States Code. E
3. The Surety Company shall be in full compliance with the provisions of the
Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and
capital required by the Florida Insurance Code at the time the invitation to
bid is issued.
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5. If the Contract Award Amount exceeds Five Hundred Thousand
($500,000), the Surety Company shall also comply with the following
provisions:
A. The Surety Company shall have at least the following minimum ratings in
the latest issue of Best's Key Rating Guide.
POLICYHOLDER'S REQUIRED E
CONTRACT AMOUNT RATING FINANCIAL RATING r
$ 500,000 TO 1,000,000 A- CLASS
$1,000,000 TO 2,000,000 A- CLASS II
$2,000,000 TO 5,000,000 A- CLASS III N
$5,000,000 TO 10,000,000 A- CLASS IV
$10,000,000 TO 25,000,000 A- CLASS V
$25,000,000 TO 50,000,000 A- CLASS V
$50,000,000 TO 100,000,000 A- CLASS V I I
$50,000,000 TO 100,000,000 A- CLASS VII
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B. The Surety Company shall not expose itself to any loss on any one risk in
an amount exceeding ten (10) percent of its surplus to policyholders,
provided:
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(a) Any risk or portion of any risk being reinsured shall be r
deducted in determining the limitation of the risk as prescribed in
this section. These minimum requirements shall apply to the
reinsuring carrier providing authorization or approval by the State
of Florida, Department of Insurance to do business in this state
have been met.
(b) In the case of the surety insurance company, in addition to
the deduction for reinsurance, the amount assumed by any co-
surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of
the surety shall be deducted.
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S E C T I O N B
CERTIFICATE OF OWNER'S ATTORNEY
THIS SECTION IS NOT INCLUDED
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S E C T I O N C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West, Florida
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REF: Terminal Interior Rehabilitation
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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
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.
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4. Changes or alterations provided for in the original bid and originals contract
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Contractor
By:
Title:
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S E C T I O N D
CONTRACT
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
THIS AGREEMENT made and entered into the day of
by and between Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the i
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:
Terminal Interior Rehabilitation
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Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this c
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within one hundred eighty (180) calendar days
from the Notice-to-Proceed (Construction) as per Special Provision No. 2.
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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
contract documents the Contract Lump sum of
----------------------------------------------------Dollars
($ E
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. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project.
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
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substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
Contractor's Applications for Payment. Applications for Payment shall indicate the
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
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.
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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 W
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 c
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at its expense within five
(5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this agreement until such new or
additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
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retained for a period of seven years from the termination of this agreement or for a
period of three years from the submission of the final expenditure report as per
2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 seven years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with e®
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 County 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 County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this i
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 County may 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.
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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: ,
(1) Keep and maintain public records that would be required by the County to
perform the service. -
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(2) Upon receipt from the County's custodian of records, provide the County 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.
(3) 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 County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
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would be required by the County to perform the service. If the Contractor transfers
all public records to the County 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 County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County'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
County or pursuant to a valid public 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-BRIANP_MOC TY-FL.G 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 County and the County's elected
and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type
of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation,
costs of remediation and costs of additional security measures that t h e
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
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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 Airport 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 County or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this 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 County from any
and all increased expenses resulting from such delay.
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The first ten ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted. The ,
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY 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 COUNTY be required to contain any provision for
waiver.
11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S
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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.
12. 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 COUNTY: (FILL IN)
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Key West,
Florida 33041
FOR CONTRACTOR:
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13. 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 this Agreement, the COUNTY and
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
14. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any 1-
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 E
circuit court of Monroe County.
15. 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 E
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
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provision.
16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees 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.
17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY e®
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 COUNTY 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.
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18. 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, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into c
any arbitration proceedings related to this Agreement.
19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
20. 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.
21. 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
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
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any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
23. 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 COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or e®
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.
24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall i
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 W
be subject to any personal liability or accountability by reason of the execution of this
Agreement.
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25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any c
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 COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart.
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26. 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
competentjurisdiction 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: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which ,
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; e®
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, ,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VI II of the Civil Rights Act of 1968 (42 USC s. et seq.), i
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; W
10) Monroe County Code Chapter 14, Article II, 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 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the c
subject matter of, this Agreement.
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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.
(Contractor) (Monroe County Board of
Commissioners)
By: By:
Title: Title:
President*
WITNESS: WITNESS:
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NOTARIAL JURAT
STATE OF: W
COUNTY OF:
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Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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*Who is authorized by the corporation to execute this contract.
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D I V I S 1 0 N I I I
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS......................................................................................... 111-5
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS............................................ 111-11
SECTION 30 - AWARD AND EXECUTION OF CONTRACT....................................................... 111-15 'ru
.S
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SECTION 40 - SCOPE OF WORK................................................................................................ 111-17
SECTION 50 - CONTROL OF WORK........................................................................................... 111-21
SECTION 60 - CONTROL OF MATERIALS................................................................................. 111-29
SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .......................... 111-33
SECTION 80 - PROSECUTION AND PROGRESS...................................................................... 111-47
SECTION 90 - MEASUREMENT AND PAYMENT....................................................................... 111-55
SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM ........................................... 111-63
SECTION 110- METHOD OF ESTIMATING PERCENTAGE OF MATERIALS
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WITHIN SPECIFICATION LIMITS (PWL) ................................................ 111-73 2
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SECTION 120 - NUCLEAR GAUGES........................................................................................... 111-81
SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ................... 111-83
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SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS.......................................... 111-80
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SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ............................. 111-95 S
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SECTION 160 - CONSTRUCTION CONTRACT CLAUSES AIRPORT
IMPROVEMENT PROGRAM ................................................................... 111-113
SECTION 170 - BUY AMERICAN PREFERENCES................................................................... 111-139
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GENERAL PROVISIONS 111-3
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DIVISION III - GENERAL PROVISIONS
S E C T I O N 1 0
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: -
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10-01 AASHTO. The American Association of State Highway and Transportation
Officials, the successor association to AASHO.
10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements
constructed thereon connecting the airport to a public highway.
10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids .N
for work to be performed and materials to be furnished.
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10-04 ADDENDUM. A modification of the plans or other Contract documents issued by the
Owner or his designated representative and distributed to prospective bidders prior to the
opening of the proposal. --
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10-05 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the
Federal Aviation Administration.
10-06 ADVISORY CIRCULAR. A document issued by the FAA containing informational
material and guidance, when referred to in the drawings (Plans) and Specifications, advisory
circulars shall have the same force as supplemental Specifications.
.2
10-07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air
operations area shall mean any area of the airport used or intended to be used for the
landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air
operation area shall include such paved or unpaved areas that are used or intended to be
used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous safety
areas that are used or intended to be used for the unobstructed movement of aircraft in
addition to its associated runway, taxiway, or apron.
10-08 AIRPORT. Airport means an area of land or water which is used or intended to be E
used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.
10-09 ASTM. The American Society for Testing and Materials.
10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal.
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10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to
guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner.
10-12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or
through a duly authorized representative, who submits a proposal for the work
contemplated.
10-13 BUILDING AREA. An area on the airport to be used, considered, or intended to be
used for airport buildings or other airport facilities or rights-of-way together with all airport
buildings and facilities located thereon.
10-14 CALENDAR DAY. Every day shown on the calendar.
10-15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating
the material furnished is in conformance with the Specifications.
10-16 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, .N
covered by a change order, shall be within the scope of the contract.
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10-17 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.
10-18 CONTRACT DOCUMENTS. The written agreement covering the work to be
performed. The awarded Contract shall include, but is not limited to: the Invitation for
Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the
Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance a,
certificates; the General and Special Provisions; the Technical Specifications; the Plans;
any addenda issued to Bidders; and any Change Orders issued to the Contractor.
10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is
provided in the contract.
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10-20 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, the contract shall be
completed by that date.
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10-21 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 to the work who acts directly or through lawful agents or employees to complete
the contract work.
10-22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which
surface or subsurface waters are collected and conducted from the airport area.
10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the
owner (sponsor) to be responsible for engineering supervision of the contract work and
acting directly or through an authorized representative.
10-24 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.
10-25 EXTRA WORK. An item of work not provided for in the awarded contract as
previously modified by change order or supplemental agreement, but which is found by the
Engineer to be necessary to complete the work within the intended scope of the contract as
previously modified.
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10-26 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. --
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10-27 FDOT. The State of Florida Department of Transportation.
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10-28 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. a,
10-29 INSPECTOR. An authorized representative of the Engineer assigned to make all c
necessary inspections and/or tests of the work performed or being performed, or of the
materials furnished or being furnished by the Contractor.
10-30 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 Engineer is intended; and similarly, the words "approved,"
acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable
to, or satisfactory to the Engineer, subject in each case to the final determination of the
owner.
Any reference to a specific requirement of a numbered paragraph of the contract
specifications or a cited standard shall be interpreted to include all general requirements of
the entire section, specification item, or cited standard that may be pertinent to such
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specific reference.
10-31 LABORATORY. The official testing laboratories of the owner or such other
laboratories as may be designated by the Engineer.
10-32 LIGHTING. A system of fixtures providing or controlling the light sources used on
or near the airport or within the airport buildings. The field lighting includes all
luminous signals, markers, floodlights, and illuminating devices used on or near the
airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport
surface.
10-33 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.
10-34 MATERIALS. Any substance specified for use in the construction of the contract work.
10-35 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, .N
that are prepared and issued by the Department of Defense.
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10-36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract
work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date
on which the contract time begins.
10-37 OWNER (SPONSOR). The term owner shall mean the party of the first part or the
contracting agency signatory to the contract. For AIP contracts, the term sponsor shall
have the same meaning as the term owner.
10-38 PAVEMENT. The combined surface course, base course, and sub base course, if
any, considered as a single unit.
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10-39 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.
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10-40 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.
10-41 PLANS. The official drawings or exact reproductions which show the location,
character, dimensions and details of the airport and the work to be done and which are to
be considered as a part of the contract, supplementary to the specifications.
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10-42 PROJECT. The agreed scope of work for accomplishing specific airport
development with respect to a particular airport.
10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved
proposal form) to perform the contemplated work and furnish the necessary materials in
accordance with the provisions of the plans and specifications.
10-44 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.
10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of
aircraft.
10-46 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.
10-47 SPECIFICATIONS. A part of the contract containing the written directions and N
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 i
and effect as if included in the contract physically.
10-48 SPONSOR. Shall mean the same as Owner.
10-49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the
Contractor with labor, materials, and supplies, used directly or indirectly by the said
Contractor or subcontractor in the prosecution of the work.
10-50 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets,
retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains;
electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and
rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the
airport that may be encountered in the work and not otherwise classified herein.
10-51 SUBGRADE. The soil which forms the pavement foundation.
10-52 SUPERINTENDENT. The Contractor's executive representative who is present on
the work during progress, authorized to receive and fulfill instructions from the
Engineer, and who shall supervise and direct the construction.
10-53 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.
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10-54 SURETY. The corporation, partnership, or individual, other than the Contractor,
executing payment or performance bonds which are furnished to the owner by the
Contractor.
10-55 TAXIWAY. For the purpose of this document, the term taxiway means the
portion of the air operations area of an airport that has been designated by competent airport
authority for movement of aircraft to and from the airport's runways or aircraft parking
areas.
10-56 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.
10-57 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 engage in regular work, requiring the N
presence of an inspector, will be considered as working days.
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END OF SECTION 10
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S E C T I O N 2 0
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 method for submitting sealed proposals; and instructions to bidders as to
obtaining proposal forms, plans, and specifications.
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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 v,
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 i
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.
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Each bidder shall submit "evidence of competency" and "evidence of financial
responsibility" to the owner at the time of the bid opening.
20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with a
competitive solicitation packet.
The plans specifications, and other documents designated in the competitive solicitation
packet shall be considered a part of the competitive solicitation packet whether attached or
not.
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20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to accept
a bid proposal from 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.
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of
quantities of work to be done and materials to be furnished under these specifications is
given in the proposal. It is the result of careful calculations and is believed to be
correct. It is given only as a basis for comparison of proposals and the award of the
contract. The owner does not expressly or by implication agree that the actual i
quantities involved will correspond exactly therewith; nor shall the bidder plead
misunderstanding or deception because of such estimates of quantities, or of the
character, location, or other conditions pertaining to the work. Payment to the
Contractor will be made only for the actual quantities of work performed or materials
furnished in accordance with the plans and specifications. It is understood that the
quantities may be increased or decreased as hereinafter provided in the subsection
titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way
invalidating the unit bid prices.
20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is
expected to carefully examine the site of the proposed work, the proposal, plans
specifications, and contract forms. He shall satisfy himself 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.
Boring logs and other records of subsurface investigations and tests are available for
inspection of bidders. It is understood and agreed that such subsurface information, whether
included in the plans, specifications, or otherwise made available to the bidder, was
obtained and is intended for the owner's design and estimating purposes only. Such
information has been made available for the convenience of all bidders. It is further
understood and agreed that each bidder is solely responsible for all
assumptions, deductions, or conclusions which he may make or obtain from his/her
examination of the boring logs and other records of subsurface investigations and tests that
are furnished by the owner.
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20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidders proposal in
electronic format (thumb drive) only. The bidder shall submit his/her proposal and
include the forms provided in the competitive solicitation packet issued 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 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.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the
following reasons:
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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 a,
the bidder is not required to furnish a unit price.
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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.
In addition, until the award of contract is made, the owner reserves the right to reject any
irregular proposal and the right to waive irregularities, technicalities or omissions 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.
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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. e®
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. a
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20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for
any of the following reasons:
A. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name. E
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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.
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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.
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END OF SECTION 20
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S E C T I O N 3 0
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 i
subsection titled DISQUALIFICATION OF BIDDERS of Section 20.
The owner reserves the right to reject any irregular proposal and the right to waive ~�
irregularities, technicalities or omissions if such waiver is in the best interest of the owner and
is in 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 such action s shall promote the owner's best interest.
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.
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.
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30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the
award without 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.
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 contracts bonds
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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 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 N
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 i
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 E
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.
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END OF SECTION 30
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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 Engineer shall be and is hereby authorized to make such
alterations in the work as may increase or decrease the originally awarded contract
quantities, provided that the aggregate of such alterations does not change the total contract
cost or the total cost of any major contract item by more than 25 percent (total cost being
based on the unit prices and estimated quantities in the awarded contract). Alterations
which do not exceed the 25 percent limitation shall not invalidate the contract nor
release the surety, and the Contractor agrees to accept payment for such alterations as if i
the altered work had been a part of the original contract. These alterations which are
for work within the general scope of the contract shall be covered by "Change Orders"
issued by the Engineer. Change orders for altered work shall include extensions of
contract time where, in the Engineer's opinion, such extensions are commensurate with
the amount and difficulty of added work.
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Should the aggregate amount of altered work exceed the 25 percent limitation
hereinbefore specified, such excess altered work shall be covered by supplemental
agreement. If the owner and the Contractor are unable to agree on a unit adjustment for
any contract item that requires a supplemental agreement, the owner reserves the right to
terminate the contract with respect to the item and make other arrangements for its
completion.
The Contractor is advised that all supplemental agreements shall be approved by the
FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the
amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects
to waive the limitations on work that increases or decreases the originally awarded
contract or any major contract item by more than 25 percent, the supplemental agreement
shall be subject to the same U.S. Secretary of Labor wage determination as was included in
the originally awarded contract.
All supplemental agreements shall require consent of the Contractor's surety and
separate performance and payment bonds.
40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the
work any contract item, except major contract items. Major contract items may be omitted
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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.
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 e®
requirements specified in the order, and shall contain any adjustment to the contract time ,
that, in the Engineer's opinion, is necessary for completion of such extra work.
When determined by the Engineer to be in the owner's best interest, he may order the
Contractor to proceed with extra work by force account as provided in the subsection
titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. a
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Extra work that is necessary for acceptable completion of the project, but is not within the
general scope of the work covered by the original contract shall be covered by a
Supplemental Agreement as hereinbefore defined in the subsection titled -
SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change order
or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety
of aircraft, as well as the Contractor's equipment and personnel, is the most important
consideration. It is understood and agreed that the Contractor shall provide for the free c
and unobstructed movement of aircraft in the air operations areas of the airport with
respect to his/her own operations and the operations of all his/her subcontractors
as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is
further understood and agreed that the Contractor shall provide for the uninterrupted E
operation of visual and electronic signals (including power supplies thereto) used in the
guidance of aircraft while operating to, from, and upon the airport as specified in the
subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND
FACILITIES OF OTHERS in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying:
personnel; equipment; vehicles; storage areas; and any work area or condition that
may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance
vehicles at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road,
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street, or highway during the Contractor's performance of work that is otherwise
provided for in the contract, plans, and specifications, the Contractor shall keep such
road, street, or highway open to all traffic and shall provide such maintenance as may be
required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades,
warning signs, flagmen, and other traffic control devices in reasonable conformity with the
manual of Uniform Traffic Control Devices for Streets and Highways (published by the United
States Government Printing Office), unless otherwise specified herein. The Contractor
shall also construct and maintain in a safe condition any temporary connections
necessary for ingress to and egress from abutting property or intersecting roads, streets
or highways. Unless otherwise specified herein, the Contractor will not be required to
furnish snow removal for such existing road, street, or highway.
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The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as
specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not
be measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered a
within the established lines, grades, or grading sections shall be removed by the i
Contractor, unless such existing structures are otherwise specified to be relocated,
adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place.
The cost of removing such existing structures shall not be measured or paid for directly, but
shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the
work for which the disposition is not indicated on the plans, the Engineer shall be c
notified prior to disturbing such structure. The disposition of existing structures so
encountered shall be immediately determined by the Engineer in accordance with the
provisions of the contract.
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Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS
FOUND IN THE WORK of this section, it is intended that all existing materials or
structures that may be encountered (within the lines, grades, or grading sections _
established for completion of the work) shall be utilized in the work as otherwise
provided for in the contract and shall remain the property of the owner when so utilized in
the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel,
slag, or concrete slabs within the established lines, grades, or grading sections, the use of
which is intended by the terms of the contract to be either embankment or waste, he may at
his/her option either:
A. Use such material in another contract item, providing such use is
approved by the Engineer and is in conformance with the contract
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specifications applicable to such use; or,
B. Remove such material from the site, upon written approval of the
Engineer; or
C. Use such material for his/her own temporary construction on site; or,
D. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option A., B., or C., he shall request the _
Engineer's approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option A., B., or C., the
Contractor shall be paid for the excavation or removal of such material at the
applicable contract price. The Contractor shall replace, at his/her own expense, such
removed or excavated material with an agreed equal volume of material that is
acceptable for use in constructing embankment, backfills, or otherwise to the extent that
such replacement material is needed to complete the contract work. The Contractor
shall not be charged for his/her use of such material so used in the work or removed
from the site.
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Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be
paid, at the applicable contract price, for furnishing and installing such material in accordance
with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by
reason of his/her exercise of option A., B., or C.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or
part of a structure which is located outside the lines, grades, or grading sections established
for the work, except where such excavation or removal is provided for in the contract, plans,
or specifications. ,
40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance
and final payment will be made, the Contractor shall remove from the site all machinery,
equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or
portions of trees. He shall cut all brush and woods within the limits indicated and shall
leave the site in a neat and presentable condition.
Material cleared from the site and deposited on adjacent property will not be considered as
having been disposed of satisfactorily, unless the Contractor has obtained the written
permission of such property owner.
END OF SECTION 40
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S E C T I O N 5 0
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all
questions which may arise as to the quality and acceptability of materials furnished,
work performed, and as to the manner of performance and rate of progress of the work. He
shall decide all questions which may arise as to the interpretation of the
specifications or plans relating to the work, the fulfillment of the contract on the part of the _
Contractor, and the rights of different Contractors on the project. The Engineer shall
determine the amount and quality of the several kinds of work performed and materials
furnished which are to be paid for under the contract.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all
materials furnished shall be in reasonably close conformity with the lines, grades,
grading sections, cross sections, dimensions, material requirements, and testing
requirements that are specified (including specified tolerances) in the contract, plans or
specifications. .N
If the Engineer finds the materials furnished, work performed, or the finished product not i
within reasonably close conformity with the plans and specifications but that the portion of
the work affected will, in his/her opinion, result in a finished product having a level of safety,
economy, durability, and workmanship acceptable to the owner, he will advise the owner ~�
of his/her determination that the affected work be accepted and remain in place. In this
event, the Engineer will document his/her determination and recommend to the owner a
basis of acceptance which will provide for an adjustment in the contract price for the
affected portion of the work. The Engineer's determination and recommended
contract price adjustments will be based on good engineering judgment and such tests or
retests of the affected work as are, in his/her opinion, needed. Changes in the
contract price shall be covered by contract modifications (change order or supplemental
agreement) as applicable. .
If the Engineer finds the materials furnished, work performed, or the finished product are not
in reasonably close conformity with the plans and specifications and have resulted in an
unacceptable finished product, the affected work or materials shall be removed and
replaced or otherwise corrected by and at the expense of the Contractor in
accordance with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance with E
the contract, plans, and specifications. The term shall not be construed as waiving the
Engineer's right to insist on strict compliance with the requirements of the contract, plans,
and specifications during the Contractor's prosecution of the work, when, in the Engineer's
opinion, such compliance is essential to provide an acceptable finished portion of the
work.
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For the purpose of this subsection, the term "reasonably close conformity" is also
intended to provide the Engineer with the authority to use good engineering judgment in
his/her determinations as to acceptance of work that is not in strict conformity but will provide
a finished product equal to or better than that intended by the requirements of the contract,
plans and specifications.
For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not
in "reasonably close conformity" to the Contract," Plans, Specifications. The Sponsor ,
will in turn advise the FAA. Change orders or supplemental agreements
must bear the written approval of the FAA.
50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The
contract, plans, specifications, and all referenced standards cited are essential parts of the
contract requirements. A requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide for
a complete work. In case of discrepancy, calculated dimensions will govern over scaled
dimensions; contract technical specifications shall govern over contract general provisions,
plans, cited standards for materials or testing, and cited FAA advisory circulars;
contract general provisions shall govern over plans, cited standards for materials or
testing, and cited FAA advisory circulars; plans shall govern over cited standards for a
materials or testing and cited FAA advisory circulars. i
The Contractor shall not take advantage of any apparent error or omission on the plans or
specifications. In the event the Contractor discovers any apparent error or
discrepancy, he shall immediately call upon the Engineer for his/her interpretation and
decision, and such decision shall be final. E
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50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies c
each of the plans and specifications. He shall have available on the work at all times one
copy each of the plans and specifications. Additional copies of plans and specifications may
be obtained by the Contractor for the cost of reproduction.
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The Contractor shall give constant attention to the work to facilitate the progress
thereof, and he shall cooperate with the Engineer and his/her inspectors and with other
contractors in every way possible. The Engineer shall allocate 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 plans and specifications and shall receive and
fulfill instructions from the Engineer or his/her authorized representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to
contract for and perform other or additional work on or near the work covered by this
contract.
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
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same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with
his/her contract and shall protect and save harmless the owner from any and all damages
or claims that may arise because of inconvenience, delays, or loss experienced
by him because of the presence and operations of other Contractors working within the
limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the materials being
used so as not to interfere with the operations of the other Contractors within the limits of
the same project. He shall join his/her work with that of the others in an acceptable
manner and shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish
horizontal and vertical control only. The Contractor must establish all layout required for the
construction of the work. Such stakes and markings as the Engineer may set for either
his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of
negligence on the part of the Contractor, or his/her employees, resulting in the destruction of
such stakes or markings, an amount equal to the cost of replacing the same may be
deducted from subsequent estimates due the Contractor at the discretion of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant
equipment is required to be operated automatically under the contract and a breakdown or
malfunction of the automatic controls occurs, the equipment may be operated manually
or by other methods for a period 48 hours following the breakdown or malfunction,
provided this method of operations will produce results which conform to all other
requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the
owner shall be authorized to inspect all work done and all material furnished. Such
inspection may extend to all or any part of the work and to the preparation, fabrication, or
manufacture of the materials to be used. Inspectors are not authorized to revoke, alter,
or waive any provision of the contract. Inspectors are not authorized to issue instructions ,
contrary to the plans and specifications or to act as foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of the
contract, plans, or specifications and to reject such nonconforming materials in
question until such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work
shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all
parts of the work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall
remove or uncover such portions of the finished work as may be directed. After examination,
the Contractor shall restore said portions of the work to the standard required by the
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specifications. Should the work thus exposed or examined prove acceptable, the
uncovering, or removing, and the replacing of the covering or making good of the parts
removed will be paid for as extra work; but should the work so exposed or
examined prove unacceptable, the uncovering, or removing, and the replacing of the
covering or making good of the parts removed will be at the Contractor's expense.
Any work done or materials used without supervision or inspection by an authorized
representative of the owner may be ordered removed and replaced at the Contractor's ,
expense unless the owner's representative failed to inspect after having been given
reasonable notice in writing that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to existing
facilities, not the property of the (contract) owner, authorized representatives of the owners
of such facilities shall have the right to inspect such work. Such inspection shall in no
sense make any facility owner a party to the contract, and shall in no way interfere with the
rights of the parties to this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work
which does not conform to the requirements of the contract, plans, and specifications will
be considered unacceptable, unless otherwise determined acceptable by the a
Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND i
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 E
manner in accordance with the provisions of the subsection titled CONTRACTOR'S
RESPONSIBILITY FOR WORK of Section 70. ,
Work done contrary to the instructions of the Engineer, work done beyond the lines
shown on the plans or as given, except as herein specified, or any extra work done
without authority, will be considered as unauthorized and will not be paid for under the c
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 E
Engineer made under the provisions of this subsection, the Engineer 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 (incurred by the owner) from any monies due or to
become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load
restrictions in the hauling of materials on public roads beyond the limits of the work. A
special permit will not relieve the Contractor of liability for damage which may result
from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or to any other type of construction will not be permitted. Hauling of materials over
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the base course or surface course under construction shall be limited as directed. No loads
will be permitted on a concrete pavement, base, or structure before the expiration of
the curing period. The Contractor shall be responsible for all damage done by his/her hauling
equipment and shall correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work
during construction and until the work is accepted. This maintenance shall
constitute continuous and effective work prosecuted day by day, with adequate ,
equipment and forces so that the work is maintained in satisfactory condition at all
times.
In the case of a contract for the placing of a course upon a course or subgrade
previously constructed, the Contractor shall maintain the previous course or subgrade during
all construction operations. e®
All costs of maintenance work during construction and before the project is accepted
shall be included in the unit prices bid on the various contract items, and the Contractor will
not be paid an additional amount for such work.
50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to
maintain the work as provided in the subsection titled MAINTENANCE DURING i
CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of
such noncompliance. Such notification shall specify a reasonable time within which the
Contractor shall be required to remedy such unsatisfactory maintenance condition. The time
specified will give due consideration to the exigency that exists.
Should the Contractor fail to respond to the Engineer's notification, the Engineer may
suspend any work necessary for the owner to correct such unsatisfactory maintenance c
condition, depending on the exigency that exists. Any maintenance cost incurred by the
owner, shall be deducted from monies due or to become due the Contractor.
50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the c
Contractor substantially completes a usable unit or portion of the work, the
occupancy of which will benefit the owner, he may request the Engineer to make final
inspection of that unit. If the Engineer finds upon inspection that the unit has been
satisfactorily completed in compliance with the contract, he may accept it as being
completed, and the Contractor may be relieved of further responsibility for that unit.
Such partial acceptance and beneficial occupancy by the owner shall not void or alter any
provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive
completion of the entire project, the Engineer and owner will make an inspection. If all
construction provided for and contemplated by the contract is found to be completed in
accordance with the contract, plans, and specifications, such inspection shall constitute the
final inspection. The Engineer shall notify the Contractor in writing of final
acceptance as of the date of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
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unsatisfactory, the Engineer will give the Contractor the necessary instructions for
correction of same and the Contractor shall immediately comply with and execute such
instructions. Upon correction of the work, another inspection will be made which shall
constitute the final inspection, provided the work has been satisfactorily completed. In such
event, the Engineer will make the final acceptance and notify the Contractor in writing of
this acceptance as of the date of final inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor ,
deems that additional compensation is due him for work or materials not clearly
provided for in the contract, plans, or specifications or previously authorized as extra
work, he shall notify the Engineer in writing of his/her intention to claim such additional -
compensation before he begins the work on which he bases the claim. If such
notification is not given or the Engineer is not afforded proper opportunity by the
Contractor for keeping strict account of actual cost as required, then the Contractor e®
hereby agrees to waive any claim for such additional compensation. Such notice by the ,
Contractor and the fact that the Engineer has kept account of the cost of the work shall not in
any way be construed as proving or substantiating the validity of the claim. When the work
on which the claim for additional compensation is based has been completed, the
Contractor shall, within 10 calendar days, submit his/her written claim to the
Engineer who will present it to the owner for consideration in accordance with local laws or
ordinances.
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Nothing in this subsection shall be construed as a waiver of the Contractor's right to
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50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all
materials furnished under this Contract shall be new unless specified and free of defects and
in conformance with Contract requirements. Any work not so conforming to these standards c
may be considered defective.
If, within one year after the date of final acceptance of the work, or within such longer period
of time as may be prescribed by law or by the terms of any applicable special guarantee c
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.
The obligations of the Contractor in this paragraph titled WARRANTY AND
GUARANTEE shall be in addition to and not in limitation of any obligations imposed
upon him by special guarantees required by the Contract or otherwise prescribed by law.
50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the
Engineer, the following requirements must be satisfied by the Contractor before final payment
can be made:
1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by
the Engineer a minimum of once a week for four consecutive weeks.
2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT
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OF CLAIMS AND DEBTS.
3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO
FINAL PAYMENT.
4. The Contractor must furnish a letter on his letterhead acknowledging that
acceptance of final payment by the Contractor constitutes a waiver of all claims,
present or future, in connection with this project.
5. The Contractor must furnish a written guarantee on his letterhead covering all defects _
in material and workmanship for a period of one year commencing on the date of final
acceptance.
6. If any purchase items have been incorporated in the work, the Contractor must furnish
a letter on his letterhead assigning those warranties to the OWNER. Copies of
said warranties shall be bound in one binder and submitted along with the letter
assignment.
7. In addition to the above, the Contractor shall provide all documents required in Special
Provision No. 1, Section 25.
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50-19 CONCEALED CONDITIONS. Should conditions be encountered below the
surface of the ground or should concealed or unknown conditions in an existing
structure vary to an unreasonable extent from the conditions indicated by the drawings and
Specifications, the Engineer shall be notified by the Contractor and instructions shall be
equitably adjusted upon claim of either party made within thirty (30) days after the first
observation. The conditions shown on 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 and dates shown. Neither the Owner nor the Engineer 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
separate copy of all Specifications, drawings, addenda, modifications, and shop
drawings at the site in good order and annotated currently to show all changes made
during the construction process. These shall be available to the Engineer for review of
record information thereon each month prior to approval of monthly application for
payment, and shall be delivered to him for the Owner upon completion of the Project.
Record information shall include but not be limited to record dimensions, finished
pavement grades, finished elevation of structures, record inverts, etc.
The Contractor shall, without additional cost, furnish to the Owner three (3) complete
sets of all maintenance manuals, parts lists, and operating instructions covering
materials, equipment and installations having moving parts. It is mandatory that all of the
aforesaid be delivered at the same time and with the materials, equipment, and installations,
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so that proper installation and operation can be promptly made.
50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be
considered complete when all work has been completed and has been accepted by the
Owner. The Contractor will then be released from further obligation except as set forth in
his bond.
END OF SECTION 50
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CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on a,
the work shall conform to the requirements of the contract, plans, and specifications. Unless
otherwise specified, such materials that are manufactured or processed shall be new (as
compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish
complete statements to the Engineer as to the origin, composition, and manufacture of all
materials to be used in the work. Such statements shall be furnished promptly after execution
of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before
delivery is stated. If it is found after trial that sources of supply for previously approved
materials do not produce specified products, the Contractor shall furnish materials from other
sources.
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The Contractor shall furnish airport lighting equipment that conforms to the
requirements of cited materials specifications. In addition, where an FAA specification for
airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish
such equipment that is:
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A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport ,
Equipment, that is in effect on the date of advertisement; and,
B. Produced by the manufacturer qualified (by FAA) to produce such
specified and listed equipment. c
The following airport lighting equipment is required for this contract and is to be
furnished by the Contractor in accordance with the requirements of this subsection: N/A
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EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR
EQUIPMENT AND MANUFACTURER
60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the
work shall be inspected, tested, and approved by the Engineer before incorporation in the
work. Any work in which untested materials are used without approval or written permission
of the Engineer shall be performed at the Contractor's risk. Materials found to be
unacceptable and unauthorized will not be paid for and, if directed by the Engineer,
shall be removed at the Contractor's expense. Unless otherwise designated, tests in
accordance with the cited standard methods of AASHTO or ASTM which are current on the
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date of advertisement for bids will be made by and at the expense of the
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owner. Samples will be taken by a qualified representative of the owner. All materials
being used are subject to inspection, test, or rejection at any time prior to or during
incorporation into the work. Copies of all tests will be furnished to the Contractor's
representative at his/her request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by
manufacturer's certificates of compliance stating that such materials or assemblies fully
comply with the requirements of the contract. The certificate shall be signed by the
manufacturer. Each lot of such materials or assemblies delivered to the work must be
accompanied by a certificate of compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled and
tested at any time and if found not to be in conformity with contract requirements will be
subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the
Engineer.
When a material or assembly is specified by "brand name or equal" and the Contractor
elects to furnish the specified "brand name," the Contractor shall be required to furnish the i
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: --
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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.
c
Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish
the manufacturer's certificates of compliance as hereinbefore described for the specified
brand name material or assembly. However, the Engineer shall be the sole judge as to
whether the proposed "or equal" is suitable for use in the work.
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The Engineer reserves the right to refuse permission for use of materials or assemblies on
the basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect,
at its source, any specified material or assembly to be used in the work. Manufacturing plants
may be inspected from time to time for the purpose of determining compliance with
specified manufacturing methods or materials to be used in the work and to obtain
samples required for his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
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A. The Engineer shall have the cooperation and assistance of the Contractor and
the producer with whom he has contracted for materials.
B. The Engineer shall have full entry at 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 Engineer, the Contractor shall arrange for adequate
office or working space that may be reasonably needed for conducting
plant inspections. Office or working space should be conveniently located with
respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material
which has been tested and approved at the source of supply after it has been delivered to
the site. The Engineer shall have the right to reject only material which, when
retested, does not meet the requirements of the contract, plans, or specifications.
60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to
the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which
shall be deemed to include shop material lists and performance data, which may be
required by the Specifications, requested by the Engineer or otherwise necessary for the i
proper execution of the work. At the time of each submission, the Contractor shall in writing
call the Engineer's attention to any deviations that the shop drawings may have from the
requirements of the Contract documents. �--
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Where called for, the Contractor shall furnish two samples of each material, texture,
color, etc., clearly labeled as to name and quality of material, manufacturer and
application on the job. No work requiring a shop drawing or sample submission shall be
started until the submission has been reviewed by the Engineer.
The Engineer's review of shop drawings or samples will not relieve the Contractor from his
responsibility for any deviations from the requirements of the Contract documents unless the c
Contractor has in writing called for the Engineer's attention to such deviations at the time of
submission and the Engineer has given written comments on the specific deviation, nor will it
relieve the Contractor from errors or omissions in the shop drawings.
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60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. The Contractor shall r
furnish for the duration of the project one building for the use of the field
Engineers 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 E
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
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storage of all materials with the Engineer. Materials to be stored on airport property shall not
create an obstruction to air navigation nor shall they interfere with the free and unobstructed
movement of aircraft. Unless otherwise shown on the plans, the storage of materials and
the location of the Contractor's plant and parked equipment or vehicles shall be as directed
by the Engineer. Private property shall not be used for storage purposes without written
permission of the owner or lessee of such property. The Contractor shall make all
arrangements and bear all expenses for the storage of materials on private property. Upon
request, the Contractor shall furnish the Engineer a copy of the property owner's permission.
All storage sites on private or airport property shall be restored to their original condition by the
Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property.
60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not e®
conform to the requirements of the contract, plans, or specifications shall be considered ,
unacceptable and shall be rejected. The Contractor shall remove any rejected material or
assembly from the site of the work, unless otherwise instructed by the Engineer.
Rejected material or assembly, the defects of which have been corrected by the
Contractor, shall not be returned to the site of the work until such time as the Engineer has a
approved its use in the work. Per Section 255.04, Florida Statutes, the use of asbestos i
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. -
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60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials E
required to complete the work, except those specified herein (if any) to be furnished by the
owner. Owner-furnished materials shall be made available to the Contractor at the location ,
specified herein.
All costs of handling, transportation from the specified location to the site of work,
storage, and installing owner-furnished materials shall be included in the unit price bid for c
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 E
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
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S E C T I O N 7 0
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, E
or servants against any claim or liability arising from or based on the violation of any such
law, ordinance, regulation, order, or decree, whether by himself or his/her employees.
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and
licenses, pay all charges, fees, and taxes, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required
or desires to use any design, device, material, or process covered by letters of patent or
copyright, he shall provide for such use by suitable legal agreement with the patentee or
owner. The Contractor and the surety shall indemnify and save harmless the owner,
any third party, or political subdivision from any and all claims for infringement
by reason of the use of any such patented design, device, material or process, or any
trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages
which it may be obliged to pay by reason of an infringement, at any time during the
prosecution or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner
reserves the right to authorize the construction, reconstruction, or maintenance of any
public or private utility service, FAA or National Oceanic and Atmospheric
Administration (NOAA) facility, or a utility service of another government agency at any time ,
during the progress of the work. To the extent that such construction,
reconstruction, or maintenance has been coordinated with the owner, such authorized work
(by others) is indicated as follows: N/A
E
(Lamer (Utility r`r Other FaGility)
I E)GatiGR (Coo DlaR Sheet Ne)
DR-SGn 4n G-GRtaGt (Alamo0 Title, Address and DhGR
Except as listed above, the Contractor shall not permit any individual, firm, or
corporation to excavate or otherwise disturb such utility services or facilities located
within the limits of the work without the written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility
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service of another government agency be authorized to construct, reconstruct, or
maintain such utility service or facility during the progress of the work, the Contractor
shall cooperate with such owners by arranging and performing the work in this contract so as
to facilitate such construction, reconstruction or maintenance by others whether or not such
work by others is listed above. When ordered as extra work by the Engineer, the
Contractor shall make all necessary repairs to the work which are due to such
authorized work by others, unless otherwise provided for in the contract, plans, or
specifications. It is understood and agreed that the Contractor shall not be entitled to ,
make any claim for damages due to such authorized work by others or for any delay to the
work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For 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 i
duly authorized representatives of the Administrator, FAA, and is further subject to
those provisions of the rules and regulations that are cited in the contract, plans, or
specifications.
No requirement of the Act, the rules and regulations implementing the Act, or this E
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 c
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 E
work in surroundings or under conditions which are unsanitary, hazardous, or
dangerous to his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her
operations and those of his/her subcontractors and all suppliers, to assure the least
inconvenience to the traveling public. Under all circumstances, safety shall be the most
important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and
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vehicular traffic with respect to his/her own operations and those of
his/her subcontractors and all suppliers in accordance with the
subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore
specified and shall limit such operations for the convenience and safety of the traveling
public as specified in the subsection titled LIMITATION OF OPERATIONS of Section
80 hereinafter.
70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. a,
The Contractor shall furnish, erect, and maintain all barricades, warning signs, and
markings for hazards necessary to protect the public and the work. When used during
periods of darkness, such barricades, warning signs, and hazard markings shall
be suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain
barricades, warning signs, lights and other traffic control devices in
reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets
and Highways (published by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such N
area, the Contractor shall furnish, erect, and maintain temporary markings
and associated lighting conforming to the requirements of AC 150/5340-1, i
Standards for Airport Markings.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction
equipment that may be hazardous to the operation of emergency fire-rescue
or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2,
Operational Safety on Airports During Construction. ,
The Contractor shall identify each motorized vehicle or piece of construction
equipment in reasonable conformance to AC 150/5370-2.
c
The Contractor shall furnish and erect all barricades, warning signs, and markings for
hazards prior to commencing work which requires such erection and shall maintain the
barricades, warning signs, and markings for hazards until their dismantling is
directed by the Engineer. E
Open-flame type lights shall not be permitted within the air operations areas of
the airport.
70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the E
Contractor may require shall be constructed and maintained at the Contractor's
expense.
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The Contractor shall not use runways, taxiways or other paved areas on the
air operations portions of the airport for access to and from the job site unless
authorized by the Owner. No equipment or vehicles will be allowed on the air
operations portions of the airport except as authorized by the Owner.
Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or
equipment shall be repaired by the Contractor at no cost to the Owner.
.2
From time to time when required, the Contractor shall move Contractor's vehicles or
equipment and men from along the edge of the runway/taxiway/apron to allow aircraft
operations on the pavement.
70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall exercise the utmost care not to
endanger life or property, including new work. The Contractor shall be responsible for
all damage resulting from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws
and ordinances, and all such storage places shall be clearly marked. Where no
local laws or ordinances apply, storage shall be provided satisfactory to the
Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from i
any building, road, or other place of human occupancy.
The Contractor shall notify each property owner and public utility company --
having structures or facilities in proximity to the site of the work of his/her
intention to use explosives. Such notice shall be given sufficiently in advance to
enable them to take such steps as they may deem necessary to protect their property
from injury. ,
The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300
m) of the airport property.
c
70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private
property, and shall protect carefully from disturbance or damage all land monuments
and property markers until the Engineer has witnessed or otherwise referenced E
their location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of
any character, during the prosecution of the work, resulting from any act, omission,
neglect, or misconduct in his/her manner or method of executing the work, or at any
time due to defective work or materials, and said responsibility will not be released until
the project shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or
private property by or on account of any act, omission, neglect, or misconduct in the
execution of the work, or in consequence of the non-execution thereof by the
Contractor, he shall restore, at his/her own expense, such property to a condition
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similar or equal to that existing before such damage or injury was done, by repairing,
or otherwise restoring as may be directed, or he shall make good such damage
or injury in an acceptable manner.
70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and
save harmless the Engineer and the owner and their officers, and employees from all suits,
actions, or claims of any character brought because of any injuries (including death) or
damage received or sustained by any person, persons, or property on account of the ,
operations of the Contractor; or on account of or in consequence of any neglect in
safeguarding the work; or through use of unacceptable materials in constructing the
work; or because of any act or omission, neglect, or misconduct of said Contractor; or -
because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright; or from any claims or amounts arising or recovered under the
"Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due e®
the Contractor under and by virtue of his/her contract as may be considered ,
necessary by the owner for such purpose may be retained for the use of the owner or, in
case no money is due, his/her surety may be held until such suit or suits, action or actions,
claim or claims for injuries or damages as aforesaid shall have been settled and suitable
evidence to that effect furnished to the owner, except that money due the Contractor
will not be withheld when the Contractor produces satisfactory evidence that he is adequately
protected by public liability and property damage insurance. i
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 W
contract to create in the public or any member thereof a third party beneficiary or to
authorize anyone not a party to the contract to maintain a suit for personal injuries or
property damage pursuant to the terms or provisions of the contract.
6
70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for
the Contractor to complete portions of the contract work for the beneficial occupancy of the
owner prior to completion of the entire contract, such "phasing" of the work shall be specified
herein and indicated on the plans. When so specified, the Contractor shall complete such
portions of the work on or before the date specified or as otherwise specified. The
Contractor shall make his/her own estimate of the difficulties involved in arranging his/her
work to permit such beneficial occupancy by the owner as described below: N/A
E
Phase or Description
Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on
Plan Sheet
Upon completion of any portion of the work listed above, such portion shall be accepted by
the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50.
No portion of the work may be opened by the Contractor for public use until ordered by the
Engineer in writing. Should it become necessary to open a portion of the work to public
traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion
of the Engineer, such portion of the work is in an acceptable condition to support the
intended traffic. Temporary or intermittent openings are considered to be inherent in the work
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and shall not constitute either acceptance of the portion of the work so opened or a waiver
of any provision of the contract. Any damage to the portion of the work so opened that is
not attributable to traffic which is permitted by the owner shall be repaired by the
Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in
completing the work under the conditions herein described and shall not claim any
added compensation by reason of delay or increased cost due to opening a portion of the ,
contract work.
70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final
written acceptance of the entire completed work, excepting only those portions of the
work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of
Section 50, the Contractor shall have the charge and care thereof and shall take every e®
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 i
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. c
70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED
BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or
private utility service, FAA or NOAA, or a utility service of another government agency that
may be authorized by the owner to construct, reconstruct or maintain such utility services or
facilities during the progress of the work. In addition, the Contractor shall control his/her _
operations to prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the
contract work, the approximate locations have been indicated on the plans and the owners
are indicated as follows: N/A
Utility Service or Facility
Person to Contact (Name, Title, Address, & Phone) Owner's
Emergency Contact (Phone)
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
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structures that may be shown on the plans or encountered in the work. Any inaccuracy or
omission in such information shall not relieve the Contractor of his/her responsibility to
protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the
contract, notify the owners of all utility services or other facilities of his/her plan of
operations. Such notification shall be in writing addressed to THE PERSON TO
CONTACT as provided hereinbefore in this subsection and the subsection titled
RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each
notification shall be given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the
responsibility of the Contractor to keep such individual owners advised of changes in his/her
plan of operations that would affect such owners. e®
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 a
the most expeditious means to reach the utility owner's PERSON TO CONTACT no later i
than two normal business days prior to the Contractor's commencement of
operations in such general vicinity. The Contractor shall furnish a written summary of the
notification to the Engineer.
The Contractor's failure to give the two day's notice hereinabove provided shall be
cause for the Engineer to suspend the Contractor's operations in the general vicinity of a
utility service or facility. c
Where the outside limits of an underground utility service have been located and staked on
the ground, the Contractor shall be required to use excavation methods acceptable to the
Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to c
ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer and E
shall take all reasonable measures to prevent further damage or interruption of service.
The Contractor, in such events, shall cooperate with the utility service or facility owner and
the Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service
or facility due to his/her operations whether or not due to negligence or accident. The
contract owner reserves the right to deduct such costs from any monies due or which
may become due the Contractor, or his/her surety.
70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all
rights-of-way upon which the work is to be constructed in advance of the Contractor's
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operations.
70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
contract provisions or in exercising any power or authority granted to him by this
contract, there shall be no liability upon the Engineer, his/her authorized
representatives, or any officials of the owner either personally or as an official of the
owner. It is understood that in such matters they act solely as agents and
representatives of the owner. ,
70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will
expeditiously make final inspection and notify the Contractor of final acceptance. Such final
acceptance, however, shall not preclude or 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 e®
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 a
owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as i
regards the owner's rights under any warranty or guaranty.
70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all
Federal, state, and local laws and regulations controlling pollution of the environment. He
shall take necessary precautions to prevent pollution of streams, lakes, ponds, and E
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 2
controlled by the Contractor are:
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(a) Clearing, grubbing, burning or other disposal.
(b) Stripping, excavation, and embankment.
(c) Drainage and ditching.
(d) Aggregate production, handling and placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous materials handling, production, and paving.
(g) Seeding, fertilizing, mulching and use of herbicides or insecticides.
(h) Contractor's own housekeeping items; haul roads; sanitary facilities; water
supply; equipment fueling, servicing and cleaning; job clean up and disposal.
When the Contractor submits his tentative progress schedule in accordance with E
PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the
Engineer, his schedules for accomplishment of temporary and permanent erosion control
work, as are applicable for clearing, grading, structures at watercourses,
construction, and paving, and his proposed method of erosion control and methods of
operations which shall be accepted by the Engineer.
All bituminous and Portland cement concrete proportioning plants shall meet state
requirements.
The following listed stipulations shall apply to this Contract unless more restrictive ones are
specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of
pollution control shall be incidental to the appropriate work items unless otherwise
specified.
(1) Control of Water Pollution and Siltation.
6
a. All work of water pollution and siltation control is subject to inspection by the
local and/or state government enforcing agent.
b. All applicable regulations of Fish and Wildlife agencies and statutes
relating to the prevention and abatement of pollution shall be complied
with in the performance of the Contract.
C. Construction operations shall be conducted in such manner as to reduce E
erosion to the practicable minimum and to prevent damaging siltation of
watercourses, streams, lakes or reservoirs. The surface area or erodible
land, either on or off the airport site, exposed to the elements by clearing,
grubbing or grading operations, including gravel pits, waste or disposal
areas and haul roads, at any one time, for this Contract, shall be subject to
approval of the Engineer and the duration of such exposure prior to final
trimming and finishing of the areas shall have full authority to order the
suspension of grading and other operations pending adequate and proper
performance of trimming, finishing and maintenance work or to restrict the
area of erodible land exposed to the elements.
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d. Materials used for permanent erosion control measures shall meet the
requirements of the applicable Specifications. Gravel or stone, consisting of
durable particles of rock and containing only negligible quantities of fines,
shall be used for construction pads, haul roads and temporary roads in or across
streams.
e. Where called for on the Plans, a stilling basin shall be constructed to
prevent siltation in the stream from construction operations.
f. The disturbance of lands and waters that are outside the limits of _
construction as staked is prohibited, except as found necessary and
approved by the Engineer.
g. The Contractor shall conduct his work in such manner as to prevent the entry
of fuels, oils, bituminous materials, chemicals, sewage or other harmful
materials into streams, rivers, lakes or reservoirs.
h. Water from aggregate washing or other operations containing sediment shall
be treated by filtration, by use of a settling basin or other means to reduce the
sediment content to a level acceptable to the local and/or state governmental
enforcing agent. i
i. 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.
6
j. The Contractor shall care for the temporary erosion and siltation control
measures during the period that the temporary measures are required and for
the permanent erosion control measures until the Contract has been completed
and accepted. Such care shall consist of the repair of areas damaged by
erosion, wind, fire or other causes.
k. Permanent and temporary erosion control work that is damaged due
to the Contractor's operations or where the work required is attributed to the
Contractor's negligence, carelessness or failure to install permanent
controls at the proper time, shall be repaired at the Contractor's expense.
(2) Open Burning of Combustible Wastes.
a. The Contractor shall obtain a burning permit from local authorities, where
applicable, prior to any burning.
b. All burning shall conform to the conditions of the permit, except that the
conditions herein shall apply if they are more restrictive.
C.
No tires, oils (except atomize fuels applied by approved equipment),
asphalt, paint, or coated metals shall be permitted in combustible waste
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piles.
d. Burning will not be permitted within 1,000 feet of a residential or built-up area
nor within 100 feet of any standing timber or flammable growth unless
otherwise specified.
e. Burning shall not be permitted unless the prevailing wind is away from a
nearby town or built-up area. ,
f. Burning shall not be permitted during a local air inversion or other climatic
condition as would result in a pall of smoke over a nearby town or built-up
area.
g. Burning shall not be permitted when the danger of brush of forest fires is
made known by Federal, State, or local officials.
h. The size and number of fires shall be restricted to avoid the danger or
brush or forest fires. Burning shall be done under surveillance of a
watchman who shall have fire-fighting equipment and tools readily LM
available.
i
(3) Control of Other air Pollutants.
a. Minimum possible areas of open grading, borrow or aggregate excavation
shall be exposed at one time, consistent with the progress of the Work.
2
b. Grading areas shall be kept at proper moisture conditions.
C. Sand or dust blows shall be temporarily mulched, with or without seeding, or
otherwise controlled with stabilizing agents.
c
d. Temporary roads, haul routes, traffic or work areas shall be stabilized with
dust palliative, penetration asphalt, wood chips, or other approved
measures to prevent dust pollution.
E
e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper r
containers or with proper coverings to prevent accidental discharge into
the air.
f. Aggregates bins, cement bins, and dry material batch trucks shall be E
properly covered to prevent loss of material to the air.
g. Drilling, grinding and sand blasting apparatus shall be equipped with
water, chemical, or vacuum dust controlling systems.
h. Applications of chemicals and bitumens shall be held to recommended
rates.
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I. Bituminous mixing plants shall be equipped with dust collectors as noted
in the Specifications.
j. Quarrying, batching, and mixing operations and the transfer of material
between trucks, bins, or stockpiles shall be properly controlled to minimize
dust diffusion.
k. When necessary, certain operations shall be delayed until proper wind or
climatic conditions exist to dissipate or inhibit potential pollutants to the
satisfaction of the Engineer. -
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70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise e®
specified in this subsection, the Contractor is advised that the site of the work is not ,
within any property, district, or site, and does not contain any building, structure, or
object listed in the current National Register of Historic Places published by the United States
Department of Interior.
Should the Contractor encounter, during his/her operations, any building, part of a
building, structure, or object which is incongruous with its surroundings, he shall
immediately cease operations in that location and notify the Engineer. The Engineer will i
immediately investigate the Contractor's finding and will direct the Contractor to either
resume his/her operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an W
archaeological or historical finding, or order the Contractor to perform extra work, such
shall be covered by an appropriate contract modification (change order or
supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40
and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK c
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.
c
70-22 INSURANCE. The Contractor shall not commence work under this Contract until he ,
has obtained and provided insurance of the character specified in the special
provisions which will provide adequate protection to the Owner and the Contractor
against all liabilities, damages and accidents, nor shall he commence work until such
insurance has been approved by the Owner. Neither approval by the Owner, nor a
failure to disapprove insurance furnished by a Contractor shall release the Contractor of full
responsibility for liability, damages and accidents as set forth herein. The Contractor shall
maintain such required insurance in force during the life of this Contract, and no 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.
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70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this
Contract and shall be made a condition of all Sub-contract entered into pursuant to this
Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly,
one copy of the Summary of Wage Rates.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on
the work. The Contractor shall at all times when work is in progress be represented either in
person, by a qualified superintendent, or by other designated, qualified
representative who is duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be
concurred in by the surety, shall be presented for the consideration and approval of the
owner, and shall be consummated only on the written approval of the owner. In case of
approval, the Contractor shall file copies of all subcontracts with the Engineer. ,
80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and
prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the
"Notice to Proceed" date, to establish procedures for handling shop drawings and other
submissions and for processing applications for payment, and to establish a
working understanding between the parties as to the project.
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80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is
expected the Contractor will begin the construction and from which date contract time will
be charged. The Contractor shall begin the work to be performed under the contract within
10 days of the date set by the Engineer in the written notice to proceed, but in any event,
the Contractor shall notify the Engineer at least 24 hours in advance of the time actual
construction operations will begin.
80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor
shall submit his/her progress schedule for the Engineer's approval within 10 days after the
effective date of the notice to proceed. The Contractor's progress schedule, when approved
by the Engineer, may be used to establish major construction operations and to check on ,
the progress of the work. The Contractor shall provide sufficient materials, equipment, and
labor to guarantee the completion of the project in accordance with the plans and
specifications within the time set forth in the proposal.
E
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon
the Engineer's request, submit a revised schedule for completion of the work within
the contract time and modify his/her operations to provide such additional materials,
equipment, and labor necessary to meet the revised schedule. Should the prosecution of the
work be discontinued for any reason, the Contractor shall notify the Engineer at least 24
hours in advance of resuming operations.
For AIP contracts, the Contractor shall not commence any actual construction prior to the
date on which the notice to proceed is issued by the owner.
80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and
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the operations of his/her subcontractors and all suppliers so as to provide for the free and
unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport.
When the work requires the Contractor to conduct his/her operations within an AIR
OPERATIONS AREA of the airport, the work shall be coordinated with airport
management (through the Engineer) at least 48 hours prior to commencement of such work.
The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the
Engineer and until the necessary temporary marking and associated lighting is in place as
provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD
MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS AREA
of the airport on an intermittent basis (intermittent opening and closing of the AIR
OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter e®
specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; ,
immediately obey all instructions to resume work in such AIR OPERATIONS AREA.
Failure to maintain the specified communications or to obey instructions shall be cause for
suspension of the Contractor's operations in the AIR OPERATIONS AREA until the
satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot
be closed to operating aircraft to permit the Contractor's operations on a continuous basis
and will therefore be closed to aircraft operations intermittently as follows: i
AOA
TIME PERIODS AOA CAN BE CLOSED
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA
CONTROL AUTHORITY
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80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall,
at all times, employ sufficient labor and equipment for prosecuting the work to full completion
in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient _
experience in such work and in the operation of the equipment required to perform the work
satisfactorily.
All equipment which is proposed to be used on the work shall be of sufficient size and in
such mechanical condition as to meet the requirements of the work and to produce a
satisfactory quality of work. Equipment used on any portion of the work shall be such that
no injury to previously completed work, adjacent property, or existing airport facilities
will result from its use.
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When the methods and equipment to be used by the Contractor in accomplishing the
work are not prescribed in the contract, the Contractor is free to use any methods or
equipment that will accomplish the work in conformity with the requirements of the
contract, plans, and specifications.
When the contract specifies the use of certain methods and equipment, such methods and
equipment shall be used unless others are authorized by the Engineer. If the
Contractor desires to use a method or type of equipment other than specified in the contract,
he may request authority from the Engineer to do so. The request shall be in writing and
shall include a full description of the methods and equipment proposed and of the reasons
for desiring to make the change. If approval is given, it will be on the condition that the
Contractor will be fully responsible for producing work in conformity with contract a,
requirements. If, after trial use of the substituted methods or equipment, the Engineer
determines that the work produced does not meet contract requirements, the Contractor shall
discontinue the use of the substitute method or equipment and shall complete the
remaining work with the specified methods and equipment. The Contractor shall
remove any deficient work and replace it with work of specified quality, or take such other
corrective action as the Engineer may direct. No change will be made in basis of
payment for the contract items involved nor in contract time as a result of authorizing a
change in methods or equipment under this subsection. a
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80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the
authority to suspend the work wholly, or in part, for such period or periods as he may
deem necessary, due to unsuitable weather, or such other conditions as are considered
unfavorable for the prosecution of the work, or for such time as is necessary due to the
failure on the part of the Contractor to carry out orders given or perform any or all
provisions of the contract.
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In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for
some unforeseen cause not otherwise provided for in the contract and over which the
Contractor has no control, the Contractor may be reimbursed for actual money
expended on the work during the period of shutdown. No allowance will be made for c
anticipated profits. The period of shutdown shall be computed from the effective date of the
Engineer's order to suspend work to the effective date of the Engineer's order to resume the
work. Claims for such compensation shall be filed with the Engineer within the time period _
stated in the Engineer's order to resume work. The Contractor shall submit with his/her
claim information substantiating the amount shown on the claim. The Engineer will
forward the Contractor's claim to the owner for consideration in accordance with local
laws or ordinances. No provision of this article shall be construed as entitling the Contractor
to compensation for delays due to inclement weather, for suspensions made at the request
of the Contractor, or for any other delay provided for in the contract, plans, or
specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor
shall store all materials in such manner that they will not become an obstruction nor become
damaged in any way. He shall take every precaution to prevent damage or
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deterioration of the work performed and provide for normal drainage of the work. The
Contractor shall erect temporary structures where necessary to provide for traffic on, to, or
from the airport.
80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of
calendar or working days allowed for completion of the work shall be stated in the
proposal and contract and shall be known as the CONTRACT TIME.
Should the contract time require extension for reasons beyond the Contractor's control, it
shall be adjusted as follows:
A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the
Engineer. The Engineer will furnish the Contractor a copy of his/her weekly
statement of the number of working days charged against the contract time
during the week and the number of working days currently specified for
completion of the contract (the original contract time plus the number of working days,
if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL
AGREEMENTS covering EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time charged on the
following considerations: i
1 ) No time shall be charged for days on which the Contractor is
unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on
such principal item. Should the normal work force be on a double-shift,
12 hours shall be used. Should the normal work force be on a triple-
shift, 18 hours shall apply. Conditions beyond the Contractor's control
such as strikes, lockouts, unusual delays in transportation, temporary
suspension of the principal item of work under construction or
temporary suspension of the entire work which have been ordered
by the Engineer for reasons not the fault of the Contractor, shall not c
be charged against the contract time.
2) The Engineer will not make charges against the contract time prior to
the effective date of the notice to proceed.
3) The Engineer will begin charges against the contract time on the
first working day after the effective date of the notice to proceed.
4) The Engineer will not make charges against the contract time after the
date of final acceptance as defined in the subsection titled
FINAL ACCEPTANCE of Section 50.
5) The Contractor will be allowed 1 week in which to file a written
protest setting forth his/her objections to the Engineer's weekly
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statement. If no objection is filed within such specified time, the
weekly statement shall be considered as acceptable to the
Contractor.
The contract time (stated in the proposal) is based on the originally estimated
quantities as described in the subsection titled INTERPRETATION OF
ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory
completion of the contract require performance of work in greater quantities than
those estimated in the proposal, the contract time shall be increased in the same
proportion as the cost of the actually completed quantities bears to the cost of the
originally estimated quantities in the proposal. Such increase in contract time
shall not consider either the cost of work or the extension of contract time that a,
has been covered by change order or supplemental agreement and shall be
made at the time of final payment.
B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of
calendar days stated in the contract counting from the effective date of the notice to
proceed and including all Saturdays, Sundays, holidays, and nonwork days. All
calendar days elapsing between the effective dates of the Engineer's orders to LM
suspend and resume all work, due to causes not the fault of the Contractor, shall
be excluded. i
At the time of final payment, the contract time shall be increased in the same
proportion as the cost of the actually completed quantities bears to the cost of the �--
originally estimated quantities in the proposal. Such increase in the contract time
shall not consider either cost of work or the extension of contract time that has E
been covered by a change order or supplemental agreement. Charges against the
contract time will cease as of the date of final acceptance. ,
C. When the contract time is a specified completion date, it shall be the date on
which all contract work shall be substantially completed.
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If the Contractor finds it impossible for reasons beyond his/her control to
complete the work within the contract time as specified, or as extended in
accordance with the provisions of this subsection, he may, at any time prior to the
expiration of the contract time as extended, make a written request to the Engineer E
for an extension of time setting forth the reasons which he believes will justify the
granting of his/her request. The Contractor's plea that insufficient time was specified
is not a valid reason for extension of time. If the Engineer finds that the work was
delayed because of conditions beyond the control and without the fault of the
Contractor, he may extend the time for completion in such amount as the conditions E
justify. The extended time for completion shall then be in full force and effect, the
same as though it were the original time for completion.
80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as
specified in the contract, that any work remains uncompleted after the contract time
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(including all extensions and adjustments as provided in the subsection titled
DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum
specified in the contract and proposal as liquidated damages will be deducted from any
money due or to become due the Contractor or his/her surety. Such deducted sums
shall not be deducted as a penalty but shall be considered as liquidation of a
reasonable portion of damages that will be incurred by the owner should the Contractor fail to
complete the work in the time provided in his/her contract.
.2
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. a,
80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be
considered in default of his/her contract and such default will be considered as cause for
the owner to terminate the contract for any of the following reasons if the Contractor:
A. Fails to begin the work under the contract within the time specified in the
"Notice to Proceed," or N
B. Fails to perform the work or fails to provide sufficient workers, equipment or i
materials to assure completion of work in accordance with the terms of the
contract, or
C. Performs the work unsuitably or neglects or refuses to remove materials or
to perform anew such work as may be rejected as unacceptable and
unsuitable, or
D. Discontinues the prosecution of the work, or
E. Fails to resume work which has been discontinued within a reasonable
time after notice to do so, or
F. Becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy or insolvency, or
G. Allows any final judgment to stand against him unsatisfied for a period of 10
days, or
H. Makes an assignment for the benefit of creditors, or
I. For any other cause whatsoever, fails to carry on the work in an
acceptable manner.
Should the Engineer consider the Contractor in default of the contract for any reason
hereinbefore, he shall immediately give written notice to the Contractor and the
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Contractor's surety as to the reasons for considering the Contractor in default and the
owner's intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not
proceed in accordance therewith, then the owner will, upon written notification from the
Engineer 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 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
Engineer will be required for the completion of said contract in an acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the
work under contract, will be deducted from any monies due or which may become due the
Contractor. If such expense exceeds the sum which would have been payable under
the contract, then the Contractor and the surety shall be liable and shall pay to the owner
the amount of such excess.
80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the
contract or portion thereof by written notice when the Contractor is prevented from i
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 c
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 E
Contractor at actual cost as shown by receipted bills and actual cost records at such points
of delivery as may be designated by the Engineer.
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.
END OF SECTION 80
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S E C T I O N 9 0
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be
measured by the Engineer, 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 E
methods generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be
made horizontally, and no deductions will be made for individual fixtures (or leave-outs)
having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified,
transverse measurements for area computations will be the neat dimensions shown on the
plans or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit
field conditions. i
Unless otherwise specified, all contract items which are measured by the linear foot
such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be
measured parallel to the base or foundation upon which such items are placed.
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In computing volumes of excavation the average end area method or other acceptable c
methods will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated
metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and
measured in decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms)
avoirdupois. All materials which are measured or proportioned by weights shall be
weighed on accurate, approved scales by competent, qualified personnel at locations
designed by the Engineer. If material is shipped by rail, the car weight may be accepted
provided that only the actual weight of material be paid for. However, car weights will not
be acceptable for material to be passed through mixing plants. Trucks used to haul material
being paid for by weight shall be weighed empty daily at such times as the Engineer
directs, and each truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved
vehicles and measured therein at the point of delivery. Vehicles for this purpose may be
of any size or type acceptable to the Engineer, provided that the body is of such shape
that the actual contents may be readily and accurately determined. All vehicles
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shall be loaded to at least their water level capacity, and all loads shall be leveled when the
vehicles arrive at the point of delivery.
When requested by the Contractor and approved by the Engineer in writing, material
specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights
will be converted to cubic yards (cubic meters) for payment purposes. Factors for
conversion from weight measurement to volume measurement will be determined by the
Engineer and shall be agreed to by the Contractor before such method of ,
measurement of pay quantities is used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured
by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume
at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail
shipments will be used as a basis of measurement, subject to correction when
bituminous material has been lost from the car or the distributor, wasted, or otherwise not
incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by
volume, subject to correction for loss or foaming, may be used for computing quantities. i
Cement will be measured by the ton (kilogram) or hundredweight (kilogram).
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually
incorporated in the structure. Measurement will be based on nominal widths and
thicknesses and the extreme length of each piece.
The term "lump sum" when used as an item of payment will mean complete payment for
the work described in the contract. a,
When a complete structure or structural unit (in effect, "lump sum" work) is specified as the 1-
unit 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 traveling time of the equipment within the limits of the work. Special
equipment ordered by the Engineer 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,
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manufacturing tolerances established by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and paid
for by weight shall be furnished, erected, and maintained by the Contractor, or be certified
permanently installed commercial scales.
Scales shall be accurate within one-half percent of the correct weight throughout the
range of use. The Contractor shall have the scales checked under the observation of the
inspector before beginning work and at such other times as requested. The
intervals shall be uniform in spacing throughout the graduated or marked length of the beam
or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the
scale, but not less than 1 pound (454 grams). The use of spring balances will not be
permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the
operator and the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for
testing the weighing equipment or suitable weights and devices for other approved N
equipment.
i
Scales must be tested for accuracy and serviced before use at a new site. Platform
scales shall be installed and maintained with the platform level and rigid bulkheads at
each end. --
Scales "overweighing" (indicating more than correct weight) will not be permitted to operate,
and all materials received subsequent to the last previous correct weighting-accuracy test
will be reduced by the percentage of error in excess of one-half of 1 percent.
In the event inspection reveals the scales have been "underweighing" (indicating less than
correct weight), they shall be adjusted, and no additional payment to the
Contractor will be allowed for materials previously weighed and recorded. c
All costs in connection with furnishing, installing, certifying, testing, and maintaining
ru
scales; for furnishing check weights and scale house; and for all other items specified in this
subsection, for the weighing of materials for proportioning or payment, shall be E
included in the unit contract prices for the various items of the project.
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 Engineer. If revised dimensions result in an
increase or decrease in the quantities of such work, the final quantities for payment
will be revised in the amount represented by the authorized changes in the dimensions.
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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 a
expected reimbursement, or loss of anticipated profits suffered or claimed by the i
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. -
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90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled E
OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work
(order nonperformance) any contract item, except major contract items, in the best c
interest of the owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such item
from the work, the Contractor shall accept payment in full at the contract prices for any work
actually completed and acceptable prior to the Engineer's order to omit or non-perform such
contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the E
date of the Engineer's order will be paid for at the actual cost to the Contractor and shall
thereupon become the property of the owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be
reimbursed for all actual costs incurred for the purpose of performing the omitted
contract item prior to the date of the Engineer's order. Such additional costs incurred by the
Contractor must be directly related to the deleted contract item and shall be
supported by certified statements by the Contractor as to the nature of the amount of such
costs.
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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.
.2
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 provided. -
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B. Comparison of Record. The Contractor and the Engineer shall compare
records of the cost of force account work at the end of each day.
Agreement shall be indicated by signature of the Contractor and the
Engineer or their duly authorized representatives.
C. Statement. No payment will be made for work performed on a force
account basis until the Contractor has furnished the Engineer with
duplicate itemized statements of the cost of such force account work
detailed as follows: i
1 ) Name, classification, date, daily hours, total hours, rate and
extension for each laborer and foreman. -
-
2) Designation, dates, daily hours, total hours, rental rate, and
extension for each unit of machinery and equipment.
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. -
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 claimed represent the actual cost to the Contractor.
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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
Engineer 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.
No partial payment will be made when the amount due the Contractor since the last estimate
amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent of a,
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 Engineer may, at his/her
discretion and with the consent of the surety, prepare an estimate from which will be i
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.
It is understood and agreed that the Contractor shall not be entitled to demand or E
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 Engineer to be a part of the final
quantity for the item of work in question.
No partial payment shall bind the owner to the acceptance of any materials or work in place c
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 acceptable sites on the airport property or at other sites in the vicinity that are
acceptable to the owner. Such delivered costs of stored or stockpiled materials may be
included in the next partial payment after the following conditions are met:
A. The material has been stored or stockpiled in a manner acceptable to the
Engineer at or on an approved site.
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B. The Contractor has furnished the Engineer with acceptable evidence of
the quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
D. The Contractor has furnished the owner legal title (free of liens or
encumbrances of any kind) to the material so stored or stockpiled.
E. The Contractor has furnished the owner evidence that the material so E
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 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.
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The Contractor shall bear all costs associated with the partial payment of stored or c
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.
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.
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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 Engineer will prepare the final estimate of the items of
work actually performed. The Contractor shall approve the Engineer's final estimate or
advise the Engineer of his/her objections to the final estimate which are based on
disputes in measurements or computations of the final quantities to be paid under the
contract as amended by change order or supplemental agreement. The Contractor and the
Engineer 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
Engineer's final estimate. If, after such 30-day period, a dispute still exists, the
Contractor may approve the Engineer's estimate under protest of the quantities in
dispute, and such disputed quantities shall 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 Engineer's final a
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 LM
previous payments 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 i
estimate and payment.
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 E
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. ,
END OF SECTION 90
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S E C T I O N 1 0 0
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 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:
A. Adequately provide for the production of acceptable quality materials. i
B. Provide sufficient information to assure both the Contractor and the
Engineer that the specification requirements can be met.
C. Allow the Contractor as much latitude as possible to develop his or her
own standard of control.
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 construction or production of materials to be incorporated into the
completed work until the Quality Control Program has been reviewed by the Engineer. No
partial payment will be made for materials subject to specific quality control
requirements until the Quality Control Program has been reviewed.
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 Engineer.
100-02 DESCRIPTION OF PROGRAM.
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,
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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
Engineer prior to the start of any production, construction, or off-site
fabrication. The written Quality Control Program shall be submitted to the
Engineer for review at least seven (7) calendar days before the
Preconstruction Conference.
The Quality Control Program shall be organized to address, as a minimum, the following
items:
A. Quality control organization;
B. Project progress schedule;
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C. Submittals schedule;
D. Inspection requirements;
E. Quality control testing plan;
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F. Documentation of quality control activities; and
G. 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.
100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control
Program shall be implemented by the establishment of a separate quality control
organization. An 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,
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
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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.
The quality control organization shall consist of the following minimum personnel:
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 5 years of
experience in airport and shall have had prior quality control experience
on a project of comparable size and scope as the contract.
Additional qualifications for the Program Administrator shall include at
least 1 of the following requirements:
1) Professional engineer with 1 year of airport paving experience
acceptable to the Engineer.
2) Engineer-in-training with 2 years of airport paving experience i
acceptable to the Engineer.
3) An individual with 3 years of highway and/or airport paving
experience acceptable to the Engineer, with a Bachelor of Science
Degree in Civil Engineering, Civil Engineering Technology or
Construction.
4) Construction materials technician certified at Level III by the
National Institute for Certification in Engineering Technologies
(NICET).
5) Highway materials technician certified at Level III by NICET.
6) Highway construction technician certified at Level III by NICET.
7) A NICET certified engineering technician in Civil Engineering
Technology with 5 years of highway and/or airport paving
experience acceptable to the Engineer.
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
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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 necessary to adequately implement the Quality Control
Program shall be provided. These personnel shall be engineers,
engineering technicians, or experienced craftsman with qualifications in
the appropriate field equivalent to NICET Level II or higher construction
materials technician or highway construction technician and shall have a
minimum of 2 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.
2) Performance of all quality control tests as required by the technical
specifications and Section 100-07. i
Certification at an equivalent level, by a state or nationally recognized
organization will be acceptable in lieu of NICET certification.
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.
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. 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.
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100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all
submittals (e.g., mix designs, material certifications) 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;
C. Description of submittal;
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D. Specification paragraph requiring submittal; and
E. Scheduled date of submittal.
100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be
organized to provide inspections for all definable features of work, as detailed below. All ca
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 plant operation for material production, quality control test results
and periodic inspections shall be utilized to ensure the quality of
aggregates and other mix components, and to adjust and control mix
proportioning to meet the approved mix design and other requirements of the c
technical specifications. All equipment utilized in proportioning and mixing
shall be inspected to ensure its proper operating condition. The Quality
Control Program shall detail how these and other quality control functions will
be accomplished and utilized.
B. 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 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. As a part of the overall Quality Control
Program, the Contractor shall implement a quality control testing plan, as required by the
technical specifications. The testing plan shall include the minimum tests and test
frequencies required by each technical specification Item, as well as any additional
quality control tests that the Contractor deems necessary to adequately control
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production and/or construction processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum,
include the following:
A. Specification item number (e.g., P-401);
B. Item description (e.g., Plant Mix Bituminous Pavements);
C. Test type (e.g., gradation, grade, asphalt content);
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D. Test standard (e.g., ASTM or AASHTO test number, as applicable); r
E. Test frequency (e.g., as required by technical specifications or minimum
frequency when requirements are not stated);
F. Responsibility (e.g., plant technician); and
G. Control requirements (e.g., target, permissible deviations). a
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The testing plan shall contain a statistically-based procedure of random sampling for
acquiring test samples in accordance with ASTM D 3665. The Engineer shall be
provided the opportunity to witness quality control sampling and testing. .�
All quality control test results shall be documented by the Contractor as required by E
Section 100-08.
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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 c
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 E
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 Engineer 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.
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 Engineer. These
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technician's daily reports shall provide factual evidence that continuous
quality control inspections have been performed and shall, as a minimum,
include the following:
1) Technical specification item number and description;
2) Compliance with approved submittals;
3) Proper storage of materials and equipment;
4) Proper operation of all equipment;
5) Adherence to plans and technical specifications;
6) Review of quality control tests; and
7) Safety inspection. ca
The daily inspection reports shall identify inspections conducted, results of
inspections, location 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 Engineer shall be
provided at least one copy of each daily inspection report on the work day
following the day of record.
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B. Daily Test Reports. The Contractor shall be responsible for establishing
a system which will record all quality control test results. Daily test reports
shall document the following information:
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1) Technical specification item number and description;
2) Test designation;
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3) Location;
4) Date of test;
5) Control requirements;
6) Test results;
7) Causes for rejection;
8) Recommended remedial actions; and
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9) Retests.
Test results from each day's work period shall be submitted to the
Engineer prior to the start of the next day's work period. When required by the
technical specifications, the Contractor shall maintain statistical quality control
charts. The daily test reports shall be signed by the responsible quality
control technician and the Program Administrator.
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 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 i
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 ENGINEER. All items of material and equipment
shall be subject to surveillance by the Engineer at the point of production, manufacture or E
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 Engineer at the site for
the same purpose.
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Surveillance by the Engineer does not relieve the Contractor of performing quality
control inspections of either on-site or off-site Contractor's or subcontractor's work.
100-11 NONCOMPLIANCE. E
A. The Engineer will notify the Contractor of any noncompliance with any
of the foregoing requirements. The Contractor shall, after receipt of such
notice, immediately take corrective action. Any notice, when delivered by the
Engineer or his/her authorized representative to the Contractor or E
his/her authorized representative at the site of the work, shall be
considered sufficient notice.
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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 properly operate and maintain an effective Quality
Control Program, as determined by the Engineer, the Engineer may:
1) Order the Contractor to replace ineffective or unqualified quality
control personnel or subcontractors.
.2
2) Order the Contractor to stop operations until appropriate corrective
action is taken.
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END OF SECTION 100
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SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF MATERIALWITHIN SPECIFICATION
LIMITS (PWL)
110-01 GENERAL. When the specifications provide for material to be sampled and tested on a
statistical basis, the material will be evaluated for acceptance in accordance with this section. All test
results for a lot will be analyzed statistically, using procedures to determine the total estimated ,
percent of the lot that is within specification limits. This concept, termed percent within limits
(PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using
the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests for the lot
and the specification tolerance limits (L for lower and U for upper) for the particular acceptance
parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or
QU for Upper Quality Index) is computed and the PWL for the specified n is determined from e®
Table 1.
There is some degree of uncertainty (risk) in the measurement for acceptance because only a small
fraction of production material (the population) is sampled and tested. This uncertainty exists
because all portions of the production material have the same probability to be randomly sampled.
The Contractor's risk is the probability that material produced at the acceptable quality level is
rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced
at the rejectable quality level is accepted. i
It is the intent of this section to inform the Contractor that, in order to consistently offset the
Contractor's risk for material evaluated, production quality (using population average and
population standard deviation) must be maintained at the acceptable quality specified or higher. In all
cases, it is the responsibility of the Contractor to produce at quality levels that will meet the
specified acceptance criteria when sampled and tested at the frequencies specified.
2
110-02 METHOD FOR COMPUTING PWL. The computational sequence for c
computing the PWL is as follows:
A. Divide the lot into n sublots in accordance with the acceptance
requirements of the specification.
B. Locate the sampling position within the sublot in accordance with
the random sampling requirements of the specification.
C. Make a measurement at each location, or take a test portion and
make the measurement on the test portion in accordance with the
testing requirements of the specification.
D. Average all sublot values within the lot to find X by using the following formula:
X = (x1 + x2 + x3 + . . .xn) / n
Where:
X = Average of all sublot values within a lot
x1, x2 = Individual sublot values
n = Number of sublots
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E. Find the standard deviation Sn by use of the following formula:
Sn = SQRT[(d1*d1 + d2*d2 + d3*d3 + . . .dn*dn) /
(n-1)] Where:
Sn = standard deviation of the number of sublot values in the set
d1, d2 = deviations of the individual sublot values X1, X2 . . . from the
average value X ,
that is: d1 = (x1 - X), d2 = (xn - X) . . do = (xn -
X) n = number of sublots
F. For single sided specification limits (i.e., L only), compute the Lower e®
Quality Index QL by use of the following formula: ,
QL = (X- L) / Sn
Where:
L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using
the column appropriate to the total number (n) of measurements. If the value of QL falls i
between values shown on the table, use the next higher value of PWL.
G. For double sided specification limits (i.e. L and U), compute the Quality
Indexes QL and QU by use of the following formulas:
2
QL = (X- L) / Sn and QU = (U - X) / Sn
Where: '
L and U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits
(PWL) by entering Table 1 separately with QL and QU, using the column appropriate ,
to the total number (n) of measurements, and determining the percent of material above PL
and percent of material below PU for each tolerance limit. If the values of QL fall between
values shown on the table, use the next higher value of PL or PU. Determine the PWL
by use of the following formula:
PWL = (PU + PL) - 100
Where:
PL = percent within lower specification
limit PU = percent within upper
specification limit
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EXAMPLE OF PWL CALCULATION
Project: Example Project
Test Item: Item P-401, Lot A.
A. PWL Determination for Mat Density.
1) Density of four random cores taken from Lot A.
A-1 96.60
A-2 97.55
A-3 99.30 w
A-4 98.35
n = 4
2) Calculate average density for the lot.
X = (x1 + x2 + x3 + . . xn) / n
X = (96.60 + 97.55 + 99.30 + 98.35) /4 i
X = 97.95 percent density
3) Calculate the standard deviation for the lot.
Sn = SQRT[ ( (96.60 - 97.95)*(96.60 - 97.95) (4 - 1)]
+
(97.55 - 97.95)*(97.55 - 97.95) +
(99.30 - 97.95)*(99.30 - 97.95) +
(98.35 - 97.95)*(98.35 - 97.95)) /
Sn = SQRT[
(1.82 + 0.16 + 1.82 + 0.16) / 3]
Sn = 1.15
4) Calculate the Lower Quality Index QL for the lot.
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(L=96.3) QL = (X-L) / Sn
QL = (97.95 - 96.30) / 1.15
QL = 1.4384
5) Determine PWL by entering Table 1 with QL= 1.44 and
n= 4. PWL= 98
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B. PWL Determination for Air Voids.
1) Air Voids of four random samples taken from Lot A.
A-1 5.00
A-2 3.74
A-3 2.30
A-4 3.25 ,
2) Calculate the average air voids for the
lot. X = (x1 + x+ x3 . . n) / n
E
X = (5.00 + 3.74 + 2.30 + 3.25) /4
X = 3.57 percent
3) Calculate the standard deviation Sn for the lot.
Sn = SQRT[ ( (3.57 - 5.00)*(3.57 -
5.00) + (3.57 -
3.74)*(3.57 - 3.74) +
(3.57 - 2.30)*(3.57
2.30) +
(3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)]
Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) / 3]
Sn = 1.12
0
,
4) Calculate the Lower Quality Index QL for the lot. (L= 2.0)
QL = (X- L) / Sn
QL = (3.57 - 2.00) / c
1.12 QL = 1.3992
5) Determine PL by entering Table 1 with QL = 1.40 and n = 4. E
PL = 97
6) Calculate the Upper Quality Index QU for the lot. (U= 5.0)
QU = (U - X) /Sn
QU = (5.00 - 3.57) /
1.12 QU = 1.2702
7) Determine PU by entering Table 1 with QU = 1.27 and n = 4.
PU = 93
GENERAL PROVISIONS III-78
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Terminal Interior Rehabilitation
Bid Documents Project Manual
8) Calculate Air Voids
PWL PWL= (PL+ PU)
- 100 PWL= (97 + 93)
- 100 = 90
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Terminal Interior Rehabilitation
Bid Documents Project Manual
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Limits Positive Values of Q (QL and QU)
(PL and PU) n=3 n=4 n=5 n=6 n=7 n=8
99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520
98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053
97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993
96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127
95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381
94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4716
93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 _
92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554
91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032
90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541
89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075
88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630
87 1.0597 1.1100 1.1173 1.1191 1.1199 1.1204 a,
86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794
85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 c,
84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015
83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643
82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281
81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 i
80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583
79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245
78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915
77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590
76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271
75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958
74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649
73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344
72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044
71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747
70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454
69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164
68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877
67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592
66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310
65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031
64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753
63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477
62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203
61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931
60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660
59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391
58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122
57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855
56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592
55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322
54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057
53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792
52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528
51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264
GENERAL PROVISIONS III-80
Packet Pg. 2990
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Monroe County
Terminal Interior Rehabilitation
Bid Documents Project Manual
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Negative Values of Q (QL and QU)
Limits
(PLand PU) n = 3 n = 4 n = 5 n = 6 n = 7 n = 8
49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264
48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528
47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792
46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057
45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322
44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592
43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855
42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122
41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391
40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660
39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931
38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203
37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477
36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753
35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031
34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310
33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 a
32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 i
31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164
30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454
29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747
28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044
27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344
26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649
25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958
24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 ,
23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590
22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915
21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245
20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583
19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 ,
18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281
17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643
16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015
15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 E
14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794
13 -1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204
12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630
11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075
10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541
9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032
8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554
7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112
6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4716
5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381
4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127
3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993
2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053
GENERAL PROVISIONS III-81
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GENERAL PROVISIONS III-82
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S E C T I O N 1 2 0
NUCLEAR GAUGES
120-01 TESTING. When the specifications provide for nuclear gauge acceptance
testing of material for Items P-152, and P-211, the testing shall be performed in accordance
with this section. At each sampling location, the field density shall be determined in
accordance with ASTM D 2922 using the Direct Transmission Method. The nuclear gauge
shall be calibrated in accordance with Annex Al. Calibration and operation of the gauge shall
be in accordance with the requirements of the manufacturer. The operator of the nuclear
gauge must show evidence of training and experience in the use of the instrument. The
gauge shall be standardized daily in accordance with ASTM D 2922, paragraph 8.
Use of ASTM D 2922 results in a wet unit weight, and when using this method, ASTM D ,
3017 shall be used to determine the moisture content of the material. The moisture gage
shall be standardized daily in accordance with ASTM D 3017, paragraph 7.
The material shall be accepted on a lot basis. Each Lot shall be divided into eight (8)
sublots when ASTM D 2922 is used.
i
120-02. When PWL concepts are incorporated, compaction shall continue until a PWL of 90
percent or more is achieved using the lower specification tolerance limits (L) below.
The percentage of material within specification limits (PWL) shall be determined in
accordance with the procedures specified in Section 110 of the General Provisions.
2
The lower specification tolerance limit (L) for density shall be: c
Specification Item Specification Tolerance (L) for Density, (percent of
laboratory maximum) c
Number 90.5 for cohesive material, 95.5 for non-cohesive
Item P-152 95.5
E
If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the
Contractor at the Contractor's expense. After reworking and recompaction, the lot shall be
resampled and retested. Retest results for the lot shall be reevaluated for acceptance. This
procedure shall continue until the PWL is 90 percent or greater.
GENERAL PROVISIONS III-83
Packet Pg. 2993
Florida Keys Marathon International Airport 10/2020
Monroe County
Terminal Interior Rehabilitation
Bid Documents Project Manual
120-03 VERIFICATION TESTING. (For Items P-152 only.) The Engineer will verify the
maximum laboratory density of material placed in the field for each lot. A minimum of one
test will be made for each lot of material at the site. The verification process will consist of;
(1) compacting the material and determining the dry density and moisture-density in
accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM
D 1557 for aircraft gross weights 60,000 pounds or more], and (2) comparing the result with
the laboratory moisture-density curves for the material being placed. This verification
process is commonly referred to as a "one-point Proctor". If the material does not
conform to the existing moisture-density curves, the Engineer will establish the laboratory
maximum density and optimum moisture content for the material in accordance with [ASTM
D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross
weights 60,000 pounds or more].
Additional verification tests will be made, if necessary, to properly classify all materials e®
placed in the lot. ,
The percent compaction of each sampling location will be determined by dividing the field
density of each sublot by the laboratory maximum density for the lot.
END OF SECTION 120
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GENERAL PROVISIONS III-84
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Terminal Interior Rehabilitation
Bid Documents Project Manual
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 the latest edition of Advisory Circular No.
150/5370-2E "Operational Safety on Airports During Construction". In addition, 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.
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END OF SECTION 130
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GENERAL PROVISIONS III-85
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Terminal Interior Rehabilitation
Bid Documents Project Manual
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GENERAL PROVISIONS III-86
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Terminal Interior Rehabilitation
Bid Documents Project Manual
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 County 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 a
assessments shall be imposed as if the work commenced on the specified date and i
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 may result in the immediate suspension of all work until the E
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 c
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.
c
The Contractor shall provide to the County as satisfactory evidence of the
required insurance either:
Certificate of Insurance, or E
A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or
all insurance 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 County 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 Iaw.The Monroe County Board of County Commissioners, its employees
GENERAL PROVISIONS III-87
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Terminal Interior Rehabilitation
Bid Documents Project Manual
and officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
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 .2
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
i
WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000
WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000
WCUSLH U.S. Longshoremen & Harbor W
Workers Act Same as Employer's Liability
2
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WCJA Federal Jones Act Same as Employer's Liability
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual -
Personal injury- -Expanded Definition of
Property Damage
Required Limits:
GENERAL PROVISIONS III-88
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Florida Keys Marathon International Airport 10/2020
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Terminal Interior Rehabilitation
Bid Documents Project Manual
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
$ 500,000/person; $1,000,000/occurrence
GL3 X $ 100,000 property damage or
$1,000,000 combined single limit e®
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 E
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As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
Required Limits:
.2
VLI $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or _
$100,000 combined single limit
VL2 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 X $ 500,000/person; $1,000,000/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
VL4 $5,000,000 combined single limit
GENERAL PROVISIONS III-89
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Bid Documents Project Manual
MISCELLANEOUS COVERAGES
BR1 X Builders' Risk Limits Equal to the risk completed project
Equal to the max. value of any one
MVC Motor Truck Caro Limits 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
P01-3 $5,000,000/occurrence
ED1 Employee $10,000
ED2 Dishonesty $100,000
GK1 Garage $300,000 $25,000/vehicle
GK2 Keepers $500,000 $100,000/vehicle
i
GK3 $1,000,000 $250,000/vehicle
MED1 Medical $5001000/$1,000,000 Agg.
MED2 Professional $1,000,000/$3,000,000 Agg.
MED3 $5,000,000/$10,000,000 Agg.
IF Installation Floater Max. Value of Equip. Installed c
VLP1 Hazardous $300,000 (Requires MCS-90
VLP2 Caro $500,000 (Requires MCS-90
VLP3 Transporter $1,000,000 (Requires MCS-90) c
BLL Bailee Liability Max. value of property
HKL1 I Hangar keepers' Liability $300,000
H KL2 $500,000
H KL3 $1,000,000
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-90
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Terminal Interior Rehabilitation
Bid Documents Project Manual
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
E
Liability policies are-
Insurance
❑Claims Made
Insurance Agency Signature
i
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will
comply in full with all the requirements.
c
Bidder Signature
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GENERAL PROVISIONS III-91
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Terminal Interior Rehabilitation
Bid Documents Project Manual
WORKERS ' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N .-
MONROE COUNTY, FLORIDA
AND a,
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: N
$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
Coverage shall be maintained throughout the entire term of the contract.
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
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 County 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.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. E
In addition, the Contractor may be required to submit updated financial statements from the fund r
upon request from the County.
GENERAL PROVISIONS III-92
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Terminal Interior Rehabilitation
Bid Documents Project Manual
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N .0
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain a
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
- Premises Operations
- Products and Completed Operations i
- - Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
2
0
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence ,
$ 100,000 property damage
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-93
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Terminal Interior Rehabilitation
Bid Documents Project Manual
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
E
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. N
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for: i
• Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$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
$ 100,000 property damage c
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
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BUILDER ' S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
E
AND
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form.
Coverage shall include: i
Theft Aircraft
Windstorm Vehicles
0
Hail Smoke ,
Explosion Fire
Riot Collapse
.2
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 County to occupy the building prior to completion E
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured
and Loss Payee.
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INTENTIONALLY LEFT BLANK
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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. -
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150.02 OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23)
The County 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 County has received Federal
financial assistance from the Department of Transportation, and as a
condition of receiving this assistance, the County has signed an
assurance that it will comply with 49 CFR Part 26.
i
It is the policy of the County to ensure that DBEs, as defined in part 26,
have an equal opportunity to receive and participate in DOT-assisted
contracts. It is also their responsibility: -
To ensure nondiscrimination in the award and administration of E
DOT assisted contracts;
To create a level playing field on which DBEs can compete fairly for
DOT assisted contracts;
To ensure that the DBE Program is narrowly tailored in accordance c
with applicable law;
To ensure that only firms that fully meet 49 CFR Part 26 eligibility
standards are permitted to participate as DBEs; E
To help remove barriers to the participation of DBEs in DOT
assisted contracts; and
To assist the development of firms that can compete successfully in E
the market place outside the DBE Program.
The Airport Business Manager has been delegated as the DBE Liaison
Officer. In that capacity, the Airport Business Manager is responsible for
implementing all aspects of the DBE program. Implementation of the DBE
program is
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accorded the same priority as compliance with all other legal
obligations incurred by the County in its financial assistance
agreements with the Department of Transportation.
150.03 NON-DISCRIMINATION (Section 26.7)
The County 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.
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In administering its DBE program, the County will 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.
150.04 DBE PROGRAM UPDATES (Section 26.21)
i
The County will continue to carry out this program until all
funds from DOT financial assistance have been expended. We
will provide to DOT updates representing significant changes in the �--
program.
150.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT
ASSURANCE (Section 26.13)
The County has signed the following assurance, applicable to all
DOT-assisted contracts and their administration:
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The County shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of any
DOT 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 administration of DOT
assisted contracts. The recipient's DBE 'Program, as required by 49
CFR Part 26 and as approved by DOT, 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 County of its failure to carry out
its approved program, the Department 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
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and/or the 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 County will ensure that the following clause is placed in every FAA assisted ,
contract and subcontract:
a. Nondiscrimination - The contractor 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 e®
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.
b. Equal Opportunity — DBE Obligation — The recipient or its
contractors agrees to ensure that disadvantaged business enterprises as i
defined in 49 CFR Part 26 have equal opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part
with Federal funds provided under this agreement. In this regard, W
contractors shall take all necessary and reasonable steps in accordance
with 49 CFR Part 26 to ensure that disadvantaged business enterprises
have an equal opportunity to compete for and perform contracts.
Recipients and their contractors shall not discriminate on the basis of race, c
color, national origin, or sex in the award and performance 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 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.
Prompt Payment
The County 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 15
working days from the receipt of each payment the prime contractor
receives from the County BOCC. The prime contractor agrees further to
return retainage payments to each subcontractor within 15 days after the
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subcontractors work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may
occur only for good cause following written approval of the Board of
County Commissioners. This clause applies to both DBE and non-DBE
subcontractors.
150-07 OTHER CONTRACT PROVISIONS
1. 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.
2. Good faith efforts
In accordance with 49 CFR Section 26.51, the recipient must meet the a
maximum feasible portion of their overall goal through race-neutral i
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.
0
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/offerers of the requirements to make good faith efforts.
The forms that follow the specification can be used to collect c
information necessary to determine whether the bidder/offerer has
satisfied these requirements. The sample specification is intended for
use in both nonconstruction 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 County 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 bidders/offerers, including those who
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qualify as a DBE. The bidder/offerer 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/offerer 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/offerer's
commitment to use a DBE subcontractor whose participation it -
submits to meet the 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 not met, evidence of good e®
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 is included as Attachment 2.
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A T T A C H M E N T 1
DISADVANTAGED BUSINESS ENTERPRISE ( DBE
UTILIZATION
The undersigned bidder/offerer has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
The bidder/offerer is committed to a minimum of 10.65% DBE
utilization on this contract.
The bidder/offerer (if unable to meet the DBE goal of 10.65%) is ,
committed to a minimum of % DBE utilization on this contract and
submits documentation demonstrating good faith efforts.
Name of bidder/offerer's firm: i
State Registration No. �-
BY
Signature Title
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ATTACHM ENT 2
LETTER OF INTENT
Name of bidder/offerers firm:
Address:
City: State: Zip:
Name of DBE firm:
Address:
City: State: Zip:
Telephone:
Description of work to be performed by DBE firm: i
2
0
The bidder/offerer is committed to utilizing the above-named DBE firm for the work
described above. The estimated dollar value of this work is $
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
(Signature) (Title)
If the bidder/offerer 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.)
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3. DBE Compliance
The contractor will be required to submit the following forms as part of their DBE
contract compliance;
A. Proposed DBE Utilization Form within seven days of the preconstruction
conference.
B. DBE Identification Form within seven days of the preconstruction
conference. A separate form should be completed for each DBE firm.
E
C. 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.
D. DBE Expenditure Report Form for each DBE firm that is working as a
subcontractor should be submitted with each pay request.
F. Final Report Utilization of Disadvantaged Business Enterprises
(DBEs) Form with the final pay request
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DBE Program
PROPOSED DBE UTILIZATION
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO
LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT
PROJECT NAME: F®
AIRPORT NAME:
AIP PROJECT NUMBER:
PRIME CONTRACTOR:
ADDRESS:
CONTACT NAME:
I
TEL/FAX/EMAIL:
DBE GOAL FOR PROJECT:
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IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT
(PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT):
6
1. NAME OF DBE FIRM:
ESTIMATED PARTICIPATION:$
ESTIMATED PERCENTAGE OF TOTAL PROJECT: %
OVERVIEW OF WORK TO BE PERFORMED:
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2. NAME OF DBE FIRM:
ESTIMATED PARTICIPATION:$
ESTIMATED PERCENTAGE OF TOTAL PROJECT: %
OVERVIEW OF WORK TO BE PERFORMED:
PROPOSED DBE UTILIZATION FORM Page 1 of 2
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PROPOSED DBE UTILIZATION
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
3. NAME OF DBE FIRM:
ESTIMATED PARTICIPATION:$
ESTIMATED PERCENTAGE OF TOTAL PROJECT: %
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OVERVIEW OF WORK TO BE PERFORMED:
4. NAME OF DBE FIRM:
tJ
ESTIMATED PARTICIPATION:$
ESTIMATED PERCENTAGE OF TOTAL PROJECT: %
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OVERVIEW OF WORK TO BE PERFORMED: �y
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The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractorto
provide the above-referenced work associated with this project.
0
Name of Prime Contractor
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Signature Date F®
Print Name and Title
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NOTES:
1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs
PROPOSED DBE UTILIZATION FORM Page 2 of 2
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' DBE Program
PROPOSED DBE UTILIZATION w
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO
LATER THAN 7 DAYS FROM THE PRECONSRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT
PROJECT NAME:
AIRPORT NAME:
AIP PROJECT NUMBER:
tJ
PRIME CONTRACTOR:
ADDRESS:
CONTACT NAME:
TEL/FAX/EMAIL: I
DBE GOAL FOR PROJECT: %
(FROM BID DOCUMENTS) wr
IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT
(PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT):
0
NAME OF DBE FIRM:
ADDRESS:
CONTACT NAME:
TEL/FAX/EMAIL:
NAME OF AGENCY WHERE CERTIFIED:
EXPIRATION DATE OF DBE CERTIFICATE: c8
IS COPY OF DBE CERTIFICATE ATTACHED HERETO?
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL/ORIGINAL BID:
1. WAS THIS DBE CONTRACTOR INCLUDED IN INITIAL BID OF PRIME CONTRACTOR?
IF ANSWER IS NO,PRIME CONTRACTOR MUST PROVIDE SUBSTITUTION LETTER TO EXPLAIN REASONS FOR
REMOVAL OF OTHER DBE CONTRACTOR AND/OR ADDITION OF THE DBE CONTRACTOR.
2. ESTIMATED PARTICIPATION AT INITIAL BID:$
3. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: %
4. DETAIL SPECIFIC WORK TO BE PERFORMED:
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DBE IDENTIFICATION FORM P of 2
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DBE Program
PROPOSED DBE UTILIZATION
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT PRECONSTRUCTION CONFERENCE:
1. ESTIMATED PARTICIPATION AT PRECONSTRUCTION CONFERENCE:$
2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: %
3. DETAIL SPECIFIC WORK TO BE PERFORMED:
tJ
I
Name of DBE Contractor/Subcontractor
Signature Date
r
Print Name and Title
6
The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractorto
provide the above-referenced work associated with this project.
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Name of Prime Contractor
Signature Date
Print Name and Title
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NOTES:
1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs
GENERAL PROVISIONS III-108
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DBE IDENTIFICATION FORM Page 2 of 2
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DBE PAYMENT CERTIFICATION
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
THIS IS TO CERTIFY THAT
(DBE CONTRACTOR)
RECEIVED(MONTHLY)OR(FINAL)PROGRESS PAYMENT OF:$
(CIRCLE ONE)
ON: FROM:
(DATE) (PRIME CONTRACTOR)
FOR LABOR AND MATERIALS USED ON:
PROJECT NAME:
AIRPORT:
AIRPORT PROJECT NUMBER:
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SIGNED BY OFFICIAL OF PRIME CONTRACTOR:
PRIME CONTRACTOR SIGNATURE:
TITLE: I
NOTARIZED:
PERSONALLY KNOWN TO ME:
DRIVER'S LICENSE NUMBER: r
OTHER IDENTIFICATION:
SWORN AND SUBSCRIBED BEFORE ME THIS: DAY OF 120
NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES
TOTAL PAID TO THIS DBE THIS MONTH: $
TOTAL PREVIOUSLY PAID TO THIS DBE: $
TOTAL PAID TO THIS DBE TO DATE: $
SIGNED BY OFFICIAL OF DBE CONTRACTOR:
DBE CONTRACTOR SIGNATURE:
TITLE:
NOTARIAL JURAT
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed) before me, by means of❑ physical presence or❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
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DBE Program
DBE PAYMENT CERTIFICATION
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
TOTAL OF ALL PROGRESS PAYMENTS: $
RETAINAGE WITH-HELD: $
BOND WITH-HELD: $
PROJECTSUMMARY FOR:
(DBE CONTRACTOR)
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID:
1. ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: $
2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: %
ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR AT FINAL CONTRACT CLOSEOUT:
3. ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR: $ I
4. ACTUAL PERCENTAGE OF FINAL CONTRACT AMOUNT FOR THIS DBE CONTRACTOR:
EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 1&3(OVERRUNS OR UNDERRUNS BY THIS DBE CONTRACTOR ON THIS PROJECT):
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2
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EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 2&4(ESTIMATED/INITIAL BID PARTICIPATION PERCENTAGE BY THIS DBE
CONTRACOR VERSUS ACTUAL PARTICIPATIONPERCENTAGE BY THIS DBE CONTRACTOR):
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NOTES:
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1. PAGE 1 OF THIS FORM IS DUE BY THE 101h OF EACH MONTH AFTER DBE STARTS WORK WHETHER PAYMENT IS MADE
BY PRIME CONTRACTOR OR NOT.
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT.
3. PAGE 1 OF THIS FORM IS TO BE PROVIDED UNTIL FINAL PAYMENT HAS BEEN MADE TO THIS DBE CONTRACTOR,
INCLUDING ANY PAYMENT OF ANY RETAINAGE.
4. INCLUDE PAGE 2 OF THIS FORM ONLY UPON FINAL PROGRESS PAYMENT TO THIS DBE CONRACTOR.
GENERAL PROVISIONS III-111
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DBE Program
DBE EXPENDITURE REPORT
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BYTHE PRIME CONTRACTOR FOR EACH DBE FIRM USED,
WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR
PROJECT NAME: F®
AIRPORT NAME:
AIP PROJECT NUMBER:
PRIME CONTRACTOR:
tJ
ADDRESS:
DBE CONTRACTOR: y
ADDRESS: I
PRIME CONTRACTOR PAY REQUEST NUMBER:
TOTAL ESTIMATED DBE CONTRACT PARTICIPATION FOR THIS DBE CONTRACTOR:$
PERCENTAGE OF TOTAL CONTRACT:
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CONTRACT ITEM UNIT ITEM
ITEM NO. DESCRIPTION OF WORK PERFORMED BY DBE CONTRACTOR QUANTITY PRICE AMOUNT
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(Attach pages as needed to detail work performed)
TOTAL AMOUNT REQUESTED BY DBE THIS INVOICE(ADD ITEM AMOUNTS): $
TOTAL AMOUNT PREVIOUSLY REQUESTED BY DBE(FROM PRIOR PAY REQUEST): $
TOTAL AMOUNT REQUESTED BY DBE TO DATE: $
DBE EXPENDITURE REPORT FORM Page 1 of 2
GENERAL PROVISIONS III-113
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DBE EXPENDITURE REPORT o
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
The undersigned certifies that the DBE Contractor has successfully completed the above-referenced work associated with this
project and further assures that said DBE Contractor will be paid in full for the amount indicated above for said services.
Name of Prime Contractor
Signature Date
tJ
Print Name and Title y
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DBE Contractor's Certification Information: r
Name of Agency where DBE Contractor Certified:
0
Certificate Number: '
Expiration Date of DBE Certificate:
0
Name of DBE Contractor
Signature Date
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Print Name and Title
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NOTES:
1. THIS FORM IS DUE WITH EACH PAY REQUEST
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
GENERAL PROVISIONS III-114
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DBE Program
FINAL REPORT—UTILIZATION OF DBEs
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH DBE CONTRACTOR/SUBCONTRACTOR THAT PARTICIPATED IN THE F®
CONTRACT AND SUBMITTED WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR
PROJECT NAME:
AIRPORT NAME:
AIP PROJECT NUMBER:
PRIME CONTRACTOR:
ADDRESS: I
CONTACT NAME:
TEL/FAX/EMAIL:
r
DBE GOAL FOR PROJECT: %
(FROM BID DOCUMENTS)
2
IDENTIFICATION OF ACTUAL DBE PERFORMANCE
(PROVIDE FOR EACH DBE FIRM THAT PARTICIPATED IN CONTRACT):
5. NAME OF DBE FIRM:
ACTUAL PARTICIPATION:$
.2
ACTUAL PERCENTAGE OF TOTAL PROJECT: %
OVERVIEW OF WORK PERFORMED:
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6. NAME OF DBE FIRM:
ACTUAL PARTICIPATION:$
ACTUAL PERCENTAGE OF TOTAL PROJECT: %
OVERVIEW OF WORK PERFORMED:
L�
7. NAME OF DBE FIRM:
ACTUAL PARTICIPATION:$
GENERAL PROVISIONS III-115
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ACTUAL PERCENTAGE OF TOTAL PROJECT: %
OVERVIEW OF WORK PERFORMED:
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FINAL REPORT—UTILIZATION OF DBEs
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
8. NAME OF DBE FIRM:
ACTUAL PARTICIPATION:$
ACTUAL PERCENTAGE OF TOTAL PROJECT: % _
OVERVIEW OF WORK PERFORMED:
SUMMARY OF ACTUAL DBE UTILIZATION FOR PROJECT:
ACTUAL PARTICIPATION:$
ACTUAL PERCENTAGE OF TOTAL PROJECT: %
PROVIDE EXPLANATION OF ANY DIFFERENCES FROM BID/PROPOSED DBE UTILIZATION: I
r
(ATTACH ADDITIONAL SHEETS AS NEEDED)
2
The undersigned certifies this Final Report on the Utilization of Disadvantaged Business Enterprises forthis project. O
Name of Prime Contractor
O
Signature Date
Print Name and Title
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NOTES:
4. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR
5. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
6. THE DBEs SHOWN ON THIS FORM SHOULD BE THE SAME AS THOSE ORIGINALLY LISTED UNLESS AN AUTHORIZED
SUBSTITUTION WAS ALLOWED,OR THE CONTRACTOR USED MORE DBEs AND ADDITIONAL DBEs WERE ADDED.
7. THE DOLLAR AMOUNT SHOULD REFLECT ANY CHANGES MADE IN PLANNED WORK DONE BY THE DBE.
8. THE CONTRACTOR SHOULD EXPLAIN IN WRITING WHY THE NAMES OF THE SUBCONTRACTORS,THE WORK ITEMS OR
DOLLAR FIGURES ARE DIFFERENT FROM WHAT WAS ORIGINALLY SHOWN ON THE DBE BIDDER INFORMATION
SUBMITTED WITH THE PRIME CONTRACTOR'S INITIAL/ORIGINAL BID TO MONROE COUNTY AND/OR THE COMPLETED
"PROPOSED DBE UTILIZATION FORM"AND"DBE IDENTIFICATION FORM."
9. ANY WRITTEN EXPLANATION SHOULD BE ATTACHED TO THIS FORM PRIOR TO SUBMITTAL.
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SECTION 160
CONSTRUCTION CONTRACT CLAUSES
AIRPORT IMPROVEMENT PROGRAM
160-01 LABOR PROVISIONS
1. Each Sponsor entering into a Construction Contract over Two
Thousand Dollars ($2,000.00) for an Airport Development project is required
to insert in the Contract the following provisions from 29CFR 5.5. Each
Contractor is to include these provisions in each Construction Subcontract.
a. Minimum Wages
(1) All laborers and mechanics employed or working upon the
site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of
Labor under the Copeland Act [29 CFR Part 3]), the full
amount of wages and bona fide fringe benefits (or cash i
equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage
determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe
benefits under Section 1(b)(2) 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 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 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
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classification and wage rates conformed under a.(2) of this
Section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at
the site of the Work in a prominent and accessible place where
it can easily be seen by the workers.
(2) (1) 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 e®
following criteria have been met: ,
(A) The Work to be performed by the classification
requested is not performed by a classification
in the wage determination; and
(B) The classification is utilized in the area by the i
construction industry; and
(C) The proposed wage rate, including any bona --
fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the
wage determination.
(ii) If the Contractor and the laborers and mechanics to
be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on
the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the
Contracting Officer to the Administrator of the 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.)
(iii) In the event the Contractor, the laborers or mechanics
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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 e®
and Budget under OMB control number 1215-0140.) ,
(iv) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(2)(ii) or (iii) of this paragraph, shall be paid to all
workers performing work in the classification under a
this Contract from the first day on which work is i
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract .�
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the Contractor E
shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an c
hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or
other third person, the Contractor may consider as part of c
the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, that the
Secretary of Labor has found, upon the written request of the E
Contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the
Contractor to set aside in a separate account assets for the
meeting of obligations under the Plan or Program.
(Approved by the Office of Management and Budget under
OMB control number 1215-0140.)
b. 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
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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. e®
C. Payrolls and Basic Records.
(1) Payrolls and Basic Records relating thereto shall be
maintained by the Contractor during the course of the Work
and preserved for a period of three (3) years thereafter for all
laborers and mechanics working at the site of the Work. i
Such records shall contain the name, address, and social
security number of each such worker, his or her correct
classification hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in section E
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of
hours worked, deductions made and actual wages paid. c
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 c
section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor
shall maintain records which show that the commitment to
provide such benefits is enforceable, that the Plan or
Program is financially responsible, and that the Plan or -
Program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs
anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence 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-
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0140 and 1215-0017.)
(2) (1) The Contractor shall submit weekly, for each week
in which any contract work is performed, a copy of all
payrolls to the Applicant, Sponsor, or Owner, as the
case may be, for transmission to the FAA. The
payrolls submitted shall set out accurately and
completely all of the 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:
(A) That the payroll for the payroll period contains
the information required to be maintained c
under paragraph c.(1) above and that such
information is correct and complete;
(B) That each laborer and mechanic (including
each helper, apprentice and trainee) employed
on the Contract during the payroll period has
been paid the full weekly wages earned, _
without rebate, either directly or indirectly and
that no deductions have been made either
directly or indirectly from the full wages earned,
other than permissible deductions as set forth
in Regulations 29 CFR Part 3;
(C) 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.
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(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.
(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.
(3) The Contractor or subcontractor shall make the records
required under paragraph c.(1) of this section available for
inspection, copying or transcription by authorized
representatives of the 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 .N
the Contractor, sponsor, applicant or Owner, take such
action as may be necessary to cause the suspension of any i
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.
d. Apprentices and Trainees
(1) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the Work they performed
when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered c
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 E
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
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permitted to the Contractor as to the entire work force under
the registered program.
Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate
on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing a,
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 specified in the registered program for
the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the a
applicable wage determination. Apprentices shall be paid i
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 paid in c
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.
(2) 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
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in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage 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 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 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
acceptable program is approved.
2
(3) During the performance of this Agreement, the c
CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319,
12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, Amending
Executive Order 11246 Relating to Equal ,
Employment Opportunity, and implementing
regulations at 41 C. F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C. F. R.
Part 200, Appendix II , ¶ C, agrees as follows:
a) The contractor will not discriminate against
any employee or applicant for employment
because of race, color, religion, sex, sexual
orientation, gender identity, 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
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their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided
by the contracting officer setting forth the
provisions of this nondiscrimination clause.
b) The contractor will, in all solicitations or
advertisements for employees placed by or on
behalf of the contractor, state that all qualified
applicants will receive consideration for
employment without regard to race, color, religion, a
sex, sexual orientation, gender identity, or i
national origin.
c) The contractor will not discharge or in any
other manner discriminate against any employee
or applicant for employment because such ,
employee or applicant has inquired about,
discussed, or disclosed the compensation of the
employee or applicant or another employee or
applicant. This provision shall not apply to c
instances in which an employee who has access to
the compensation information of other employees
or applicants as a part of such employee's
essential job functions discloses the compensation E
of such other employees or applicants to
individuals who do not otherwise have access to
such information, unless such disclosure is in
response to a formal complaint or charge, in
furtherance of an investigation, proceeding,
hearing, or action, including an investigation
conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
d) The contractor will send to each labor union
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or representative of workers with which it has a
collective bargaining agreement or other contract
or understanding, a notice to be provided by the
agency contracting officer, advising the labor
union or workers' representative of the
contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous
places available to employees and applicants for
employment.
E
e) The contractor will comply with all provisions
of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders
of the Secretary of Labor.
f) The contractor will furnish all information and i
reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant --
thereto, and will permit access to his books,
records, and accounts by the contracting agency
and the Secretary of Labor for purposes of
investigation to ascertain compliance with such ,
rules, regulations, and orders.
c
g) In the event of the contractor's non-
compliance with the nondiscrimination clauses of
this contract or with any of such 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 in accordance
with procedures authorized in Executive Order
11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise
provided by law.
Compliance with Copeland Act Requirements. The Contractor shall
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comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this Contract.
e. Subcontracts. The Contractor or Subcontractor shall insert in any
subcontracts the clauses contained in paragraphs a through j of this
Contract and such other clauses as the FAA may by appropriate
instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime ,
contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the Contract
clauses in 29 CFR 5.5.
E
f. Contract Termination: Debarment. A breach of the Contract
clauses in 29 CFR 5.5 may be grounds for termination of the e®
Contract, and for the debarment as a Contractor and a ,
subcontractor as provided in 29 CFR 5.12.
g. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When
required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security i
Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors c
must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. If applicable, the COUNTY must
place a current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of
the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by
Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the
contractors must also comply with the Copeland "Anti-Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). As required by the Act, each
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contractor or subrecipient is prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or
she is otherwise entitled. The COUNTY must report all suspected or
reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in
any subcontracts the clause above and such other clauses as the
FEMA 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 of
these contract clauses.
(3) Breach. A breach of the contract clauses above may be
grounds for termination of the contract, and for debarment as a
contractor and subcontractor as provided in 29 C.F.R. § 5.12.1.
i
h. 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 c
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees of their representatives.
j. Certification of Eligibility.
(1) By entering into this Contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the Contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a) (1).
(2) No part of this Contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(3) The penalty for making false statements is prescribed in
Criminal Code, 18 U.S.C. 1001.
2. The following clauses in paragraphs a., b., c., d., and e. below, required by
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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 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.
a. Overtime Requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any work week in which he or
she is employed on such work to work in excess of forty (40)
hours in such workweek unless such 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.
b. 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 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 i
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 c
workweek of forty (40) hours without payment of the overtime
wages required by the clause set forth in paragraph a. above.
C. 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.
d. Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs a. through d. and also
a clause requiring the subcontractor to include these clauses in any
lower tier subcontracts. The prime Contractor shall be
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responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs a. through d.
e. 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.
3. In addition to the provisions in 1 and 2 above, for contracts in excess of
$2,000, the following is to be included in all contracts for work on airport
development projects involving labor:
Veterans Preference. In the employment of labor (except in executive,
administrative and supervisory positions), preference shall be given to
veterans of the Vietnam era and disabled veterans. However, this
preference shall apply only where the individuals are available and
qualified to perform the Work to which the employment relates.
160-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS i
A. Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246, as amended). --
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1. As used in these Specifications: E
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a. "Covered area" means the geographical area described in the
solicitation from which this Contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs (OFCCP), U.S. Department of Labor, or any person of
whom the Director delegates authority;
C. "Employer Identification Number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
1) Black (all persons having origins in any of the black African
racial groups not of Hispanic origin);
2) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin
regardless of race);
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3) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast, Asia, the
Indian Subcontinent, or the Pacific Islands); and
4) American Indian or Alaskan native (all persons having
origins in any of the original peoples of North America and
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maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a
portion of the Work involving any construction trade, it shall physically
include in each subcontract in excess of $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 N
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 i
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 in paragraphs 7a through p of these Specifications. The goals set
forth in the solicitation from which this Contract resulted are expressed as
percentages of the local hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each a,
construction trade in which it has employees in the covered area. Covered
construction contractors performing construction work in geographical c
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 performed. Goals are published
periodically in the Federal Register in notice form, and such notices may E
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 Specifications, Executive Order
11246, as amended, or the regulations promulgated pursuant thereto.
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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.
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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:
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 N
all foremen, superintendents, and other onsite supervisory
personnel are aware of and carry out the Contractor's obligation to i
maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such
facilities. �--
b. Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and
female recruitment sources and to community organizations when
the Contractor or its unions have employment opportunities
available, and maintain a record of the organization's responses.
C. Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or female referral from a union, a recruitment source, a
community organization and of what action was taken with respect
to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall
be documented in the file with the reason therefore along with
whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the
union or unions with which the Contractor has a collective
bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor
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has other information that the union referral process has impeded
the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly includes minorities
and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of ,
Labor. The Contractor shall provide notice of these programs to the
sources complied under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at
least once a year; and by posting the company EEO policy on bulletin N
boards accessible to all employees at each location where
construction work is performed. i
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
and maintained identifying the time and place of these meetings, a,
persons attending, subject matter discussed, and disposition of the
subject matter. c
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 E
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 E
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
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by any recruitment source, the Contractor shall send written
notification to organizations, such as the above, describing the
openings, screening procedures, and tests to be used in the
selection process.
j. Encourage present minority female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female ,
youth both on the site and in other areas of a Contractor's work
force.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
I. Conduct, at 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.
m. Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a i
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.
2
n. Ensure that all facilities and company activities are nonsegregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and ,
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
P. Conduct a review, at least annually, of all supervisors, adherence to a,
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 these Specifications provided that the
Contractor actively participates in the group, makes every effort to assure
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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 affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the executive order if a particular group is
employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be
in violation of the executive order if a specific minority group of women is
under utilized). a
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10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color,
religion, sex, or national origin. .�
11. The Contractor shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246, as
amended.
12. The Contractor shall carry out such sanctions and penalties for violation of
these Specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be .
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing 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. E
13. The Contractor, in fulfilling its obligations under these Specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these Specifications, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the
executive order, the implementing regulations, or these Specifications, the
Director shall proceed in 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
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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 degree that existing records satisfy
this requirement, contractors shall not be required to maintain separate
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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 a
(hereinafter referred to as the "Contractor") agrees as follows: i
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 E
time (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract. ,
2. NONDISCRIMINATION. The Contractor, with regard to the Work
performed by it during the Contract, shall not discriminate on the grounds of
race, color, or national origin in the selection and retention of c
subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth E
in Appendix 3 of the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF
MATERIALS AND EQUIPMENT. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be E
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.
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4. INFORMATION AND REPORTS. The Contractor shall provide all
information and reports required by the Regulations or Directives issued
pursuant thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Sponsor
or the 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 e®
determine to be appropriate, including, but not limited to: ,
a. Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or
b. Cancellation, termination, or suspension of the Contract, in whole or
in part. i
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 c
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.
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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 E
Contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading,
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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 Contractor agrees to post in
conspicuous places available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees ,
placed by or on behalf of the Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, or national origin. -
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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' 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 i
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
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
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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 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®
E. Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246, as Amended).
1 . The Offerer's or Bidder's attention is called to the "Equal Opportunity .N
Clause" and the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications" set forth herein. i
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:
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 c
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 E
efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the
Contract, and in each trade, and the Contractor shall make a good faith effort
to employ minority and women evenly on each of its projects. The
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transfer of minority or female employees or trainees from contractor to
contractor or from 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 subcontract in
excess of $10,000 (Ten Thousand Dollars) at any tier of construction work
under the Contract resulting from this solicitation. The notification shall list
the name, address, 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 N
If area" is in Key West, Monroe County, State of Florida.
i
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-
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 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
required if a Contractor or subcontractor meets all of the following
conditions:
a. Nonexempt.Contractors/subcontractors are not exempt based on
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41 CFR 60-1.5, and
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 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.
i
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 forwarding of the following notice to ,
prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 (Ten Thousand Dollars)
and are not exempt from the provisions of the Equal 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 award of subcontract 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
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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 opportunity
clause.
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 N
location, under his control where segregated facilities are maintained. The
construction contractor agrees that a breach of this certification is a violation of the i
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 E
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 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 c
and that he will retain such certifications in his files.
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Signature of Contractor Title
160-03 MISCELLANEOUS CONTRACT PROVISIONS
1. Airport Improvement Program Project (AIP). The Work in this Contract is
included in AIP Project No. which is being
undertaken and accomplished by the Owner in accordance with the terms and
conditions of a grant agreement between the Owner and the United States,
under the Airport and Airway Improvement Act of 1982 and Part 152 of the
Federal Aviation Regulations (14 CFR Part 152), pursuant to
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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.
2. 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.
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3. Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), the Contractor shall give
preference to veterans of the Vietnam era and disabled veterans as
defined in Section 515(c)(1) and (2) of the Airport and Airway
Improvement Act of 1982.
4. 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.
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5. Foreign Trade Restrictions. The Contractor or subcontractors, by
submission of an offer and/or execution of a Contract, certifies that it:
a. is not owned or controlled by one or more citizens or nationals of a
foreign country included in the list of countries that discriminates
against U.S. firms published by the Office of the United States
Trade Representative (USTR);
b. has not knowingly entered into any Contract or subcontract for this
project with a Contractor that is a citizen or national of a foreign
country on said list, or is owned or controlled directly or indirectly by ,
one or more citizens or nationals of a foreign country on said list.
C. has not procured any product nor subcontracted for the supply of
any product for use on the Project that is produced in a foreign
country on said list.
Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no Contract shall be
awarded to a contractor or subcontractor who is unable to certify to the above.
If the Contractor knowingly procures or subcontracts for the supply of any
product or service of a foreign country on the said list for use on the Project,
the FAA may direct, through the Sponsor, cancellation of the Contract at
no cost to the Government.
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Further, the Contractor agrees that, if awarded a Contract resulting from this
solicitation, it will incorporate this provision for certification without
modification in each Contract and in all lower tier subcontracts. The
Contractor may rely upon the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The Contractor shall provide immediate written notice to the Sponsor if the
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.
Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the i
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.
6. Subcontracts. The Contractor shall insure in each of his subcontracts the
provisions contained in Paragraphs A., C., and D. of this section and also a c
clause requiring the subcontractors to include these provisions in any lower
tier subcontractors which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
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7. Clean Air and Water Pollution Control Requirements for All
Construction Contracts and Subcontracts Exceeding $100,000 (One
Hundred Thousand Dollars).
Contractors agree:
a. That any facility to be used in the performance of the Contract or to
benefit from the Contract is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities.
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b. To comply with all the requirements of Section 114 of the Clean Air
Act and Section 308 of the Federal Water Pollution Control Act and all
regulations issued thereunder.
C. That as a condition for award of a Contract, they will notify the
awarding official of the receipt of any communication from the EPA
indicating that a facility to be utilized for performance of or benefit from
the Contract is under consideration to be listed on the EPA List of a,
Violating Facilities.
d. To include in any subcontract which exceeds $100,000 (One
Hundred Thousand Dollars), the requirements of (a), (b), and (c)
above.
STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS
REQUIRED FOR 49 CFR PART 29
8. Certification Regarding debarment, Suspension, ineligibility, and voluntary
Exclusion: N
Debarment and Suspension (Executive Orders 12549 and 12689)—A contract i
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 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 debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other c
than Executive Order 12549.
The Bidder/Offerer certifies, by submission of this proposal or acceptance of
this Contract, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. It further
agrees by submitting this proposal that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and
subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is
unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
9. Rights to Inventions Made Under a Contract or Agreement. 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
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and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
10. 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
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. e®
11. Compliance with Procurement of recovered materials as set forth in 2 CFR § a,
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 CPR part 247
that contain the highest percentage of recovered materials practicable, i
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 W
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.
12. Right to Audit. Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be
made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files
(including documentation covering negotiated settlements); backcharge logs
and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that
may in Owner's reasonable judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner. Owner may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of
payroll, verifying payroll computations, overhead computations, observing
vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations
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with employees, Subcontractors, suppliers, and contractors' representatives. All
records shall be kept for seven (7) years after Final Completion.
END OF SECTION 160
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SECTION 170
BUY AMERICAN PREFERENCES
APPENDIX A Page 1
BUY AMERICAN CERTIFICATE JAN (1991)
By submitting a bid/proposal under this solicitation, except for those items listed by the
offerer below or on a separate and clearly identified attachment to this bid/proposal, the
offerer certifies that steel and each manufactured product, is produced in the United
States (as defined in the clause Buy American - Steel and Manufactured Products or
Buy American — Steel and Manufactured Products for Construction Contracts) and that
components of unknown origin are considered to have been produced or manufactured
outside the United States.
Offerers may obtain from (insert Sponsor Representative) lists of articles, materials, and
supplies excepted from this provision.
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APPENDIX A
Page 2
NOTICE TO BIDDERS
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Aviation Safety and Capacity Expansion Act of 1990 provides that
preference be given to steel and manufactured products produced in the United States when
funds are expended pursuant to a grant issued under the Airport Improvement Program. The
following terms apply: 76
1. Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) steel produced in the United States or (2) a
manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds 60
percent of the cost of all its components and final assembly has taken place in the
United States. Components of foreign origin of the same class or kind as the products
referred to in subparagraphs (b) (1) or (2) shall be treated as domestic.
2. Components. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured i
products.
3. Cost of components. This means the costs for production of the
components, exclusive of final assembly labor costs.
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(b) The successful bidder will be required to assure that only domestic steel and
manufactured products will be used by the Contractor, subcontractors, materialmen, and
suppliers in the performance of this contract, except those-
(1) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, are not produced in the ,
United States in sufficient and reasonably available quantities and of a
satisfactory quality;
(2) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would
be inconsistent with the public interest; or
(3) that inclusion of domestic material will increase the cost of the overall project
contract by more than 25 percent.
(End of Clause)
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Page 3
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Contractor agrees that, only domestic steel and manufactured products will be
used by the Contractor, subcontractors, materialmen, and suppliers in the performance of
this contract, as defined in (b) below.
(b) The following terms apply to this clause: 76
1. Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) those produced in the United States or (2) a
manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds 60
percent of the cost of all its components and final assembly has taken place in the
United States.
2. Components. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured
products. i
3. Cost of components. This means the costs for production of the
components, exclusive of final assembly labor costs.
(End of Clause)
END OF SECTION 170
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DIVISION IV
SPECIAL PROVISIONS
SP-1 - PROJECT GENERAL REQUIREMENTS.............................................................................IV-5
SP-2 - NOTICE TO PROCEED, CONSTRUCTION
PHASING AND WORK SEQUENCING ..............................................................................IV-25
SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES...........................................................IV-27
SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACILITIES.............................................................................IV-29
SP-5 - RESIDENT PROJECT REPRESENTATIVE.......................................................................IV-31
SP-6 - SAFETY AND SECURITY REQUIREMENTS ....................................................................IV-33
SP-7 - LIST OF DRAWINGS............................................................................................................IV-43
SP-8 - TEMPORARY FACILITIES ..................................................................................................IV-47
SP-9 - DEWATERING.......................................................................................................................IV-53
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SP-10 - PRECEDENCE OF DOCUMENTS....................................................................................IV-55 0
SP-1 1 - FINAL PAY REQUESTS AND RELATED FORMS .........................................................IV-57
SP-12 - STANDBY TIME..................................................................................................................IV-59
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SPECIAL PROVISION NO . 1
PROJECT GENERAL REQUIREMENTS
1. WORK LOCATION. The work will be performed at Florida Keys Marathon
International Airport
2. SCOPE OF WORK The work includes interior rehabilitation of the existing terminal
facility.
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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 one hundred eighty (180) calendar days from Notice to
Proceed Construction as stipulated in Special Provision Nos. 2 and 3.
5. PLANS. The plans included in this contract are listed in Special Provision No. 7. a
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6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All
existing cables, light fixtures, signs and related structures are to be protected by the
Contractor in accordance with the provisions contained in Special Provision No. 4.
7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The
Contractor shall be responsible for methods, means, materials and 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.
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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 treads shall be used wherever possible.
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All conflicts discovered between existing underground utilities or structures and new
structures and other foundation work shall be immediately brought to the attention of
the Engineer who will then issue directions regarding a solution to the conflict(s).
8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines,
grades and measurements necessary for the proper prosecution and control of the
work and contracted for under these specifications.
The project layout surveying may be accomplished during daylight hours
provided the Contractor meets the following conditions:
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A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48)
hours in advance with dates and times surveying will be started so a NOTAM
can be issued.
B. No survey work shall be accomplished without the presence of the
Engineer or his authorized representative.
9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with ,
construction, the Contractor shall familiarize himself as to the existing conditions.
Should the Contractor discover any inaccuracies, errors or omissions between the
actual existing conditions and the Contract Documents, he shall within fifteen
(15) calendar days prior to Bid Opening, notify the Engineer in writing.
Submission of Bid by the Contractor shall be held as an acceptance of the
existing conditions by the Contractor. e®
10. SAFETY AND PROTECTION.
A. General Project Safety: In as much as each work area will be accessible
to and used by the public, the Owner and other companies doing business at
the Airport during the construction period, it is the Contractor's a
responsibility to maintain each work area in a safe, hazard free condition at i
all times. Should the Owner find the area unsafe at any time, they will notify
the Contractor, and the Contractor shall take whatever steps
necessary to remedy the unsafe condition. Should the Contractor not be
immediately available for corrective action, the Owner will remedy the
problem and the Contractor shall reimburse the Owner for the expense of
such correction.
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B. Airfield and Security: This project must meet the security requirements
set for by Key West International Airport
C. Protection of Property: Fixed structures, equipment, paving, c
landscaping and vehicles (automobiles, trucks, etc.) shall be protected
with drop cloths, shielding and other appropriate measures to ensure
maximum protection of all property and vehicles.
11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the
Contractor shall attend a pre-construction conference and bring with him the
superintendent employed for this project. In the event the Contractor is unable to
attend, he shall send a letter of introduction with the superintendent in which he
advises the superintendent's full name and states that he is assigned to the
project and will be in full responsible charge. This conference will be called by the
Engineer or Owner's Authorized Representative (OAR), who will arrange for the
Owner'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
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result within the full purpose and intent of the drawings and specifications for the
project.
12. COORDINATION AND PROGRESS MEETINGS
A. General: The OAR 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 OAR will hold weekly E
general project coordination and progress meetings at regularly scheduled
times convenient for all parties involved. These meetings are in addition to
specific meetings held for other purposes, such as special project meetings and
special pre-installation meetings. The OAR will require representation at
each meeting by every party currently involved in coordination or planning
for the work of the entire project. Meetings will be conducted in a manner
which will resolve coordination problems.
C. The OAR will record results of the meeting and distribute copies to
everyone in attendance and to others affected by decisions or actions resulting i
from each meeting.
13. 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 Owner as part of the
Bidder Qualification Form. They shall have a minimum of five (5) years of experience
on suitable projects of equal difficulty. The Project Superintendent shall be at the
construction site at all periods when work is in progress. This person shall have
full authority to act on the Contractor's behalf. It is agreed and understood that, if
requested in writing by the Owner, the Contractor shall replace any member of the .
team with another meeting the required qualifications within three (3) days of the
receipt of the request.
14. SPECIAL REPORTS.
A. Reporting Unusual Events: When an event of an unusual and
significant nature occurs at the site, Contractor shall prepare and submit a
special report to the Engineer. List chain of events, persons participating,
response by the Contractor's personnel, an evaluation of the results or effects
and similar pertinent information. Advise the Owner and Engineer as soon
as possible when such events are known.
B. Submit special reports directly to the Owner within one day of occurrence.
Submit a copy of the report to the Engineer and other entities that are
affected by the occurrence within one day of the occurrence.
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15. SCHEDULE OF WORK.
A. Prepare and submit, in triplicate, for the Engineer's information, progress
schedules for the work.
B. Progress schedules shall relate to the entire project to the extent required by
the Contract Documents and shall provide for expeditious and
practicable execution of the work.
C. Progress schedules shall be updated monthly.
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D. Percent complete shall be based on actual construction in place or dollar
volume of the work. If dollar volume of the work reflects the greater
percent complete, the maximum percent complete shall in no case exceed 5
percent of the value of the in-place construction.
16. PROGRESS SCHEDULE.
Preliminary Schedule: Within 15 days after date of Notice of Award and
Acceptance, the Contractor shall submit his preliminary network phasing
diagram (Preliminary Schedule) indicating a comprehensive overview of the
Project including an activity line for each of the work segments to be
performed at the site.
1) Arrange the schedule to indicate required sequencing of work and to
show time allowances for submittals, inspections, and similar time
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2) The submitted schedule shall be reviewed by the Engineer and
Owner for conformance to Critical Dates and overall project
completion time criteria. Lack of this information will be cause for
rejection of the schedule.
3) Following initial submittal of schedule to and response by the _
Engineer, print and distribute the Progress Schedule to entities with a
need-to-know responsibility, including three (3) copies to the
Engineer. Post in temporary office space. Revise at intervals
matching payment requests, and redistribute and repost. Provide
copies required with payment requests.
17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be
updated on a monthly basis, and a copy thereof submitted with each of the
Contractor's Applications for Payment. The updated Progress Schedule shall not only
indicate revisions to the Schedule for upcoming work but show "as-built" schedule
progress data. The Engineer will not recommend for payment, by the Owner, an
Application for Payment without the Contractor's submission of a Monthly
Schedule Update.
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A. If the Contractor's Monthly Schedule Update reflects, or the
Engineer 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
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4) an item of work not on the original critical path that, because of
the delay or anticipated delay became a critical path item;
then the Contractor must submit with the Monthly Schedule Update his
proposed plan for bringing the work back on schedule and completing
the Work within the Contract time.
B. The Progress Schedule shall be coordinated by the Owner's Project
Administrator with the overall schedule for the Airport Projects. The
Contractor is required to revise the Progress Schedule promptly in i
accordance with the conditions of the work, subject to approval by
the Owner's Project Coordinator and the Engineer.
C. The Contractor shall comply fully with all time and other
requirements of the Contract Documents. Recommendation of an
Application of Payment of the Engineer and payment thereon by
the Owner, without the submission of a Monthly Schedule Update,
shall not constitute a waiver of the requirements of such updates,
nor shall it relieve the Contractor from the obligation to complete
the Work within the Contract Time.
D. Should a review of work indicate a critical path (milestone) item has
fallen behind the approved schedule; at the option of the Engineer;
funds equal to the established liquidated damages for the number of
calendar days behind schedule will be withheld until that critical path
item is brought back on schedule.
18. CHANGES IN THE SCHEDULE.
A. Minor Changes: Each week, prior to the weekly coordination
meeting, during the time of the contract, the Contractor shall notify the
Engineer of any minor changes that are anticipated in the
schedule for the following week.
B. Major Changes: If for any reason, a major change in the approved
schedule is anticipated, the Contractor shall make the necessary
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changes to the schedule and resubmit the revised schedule for
approval.
Copies of the approved schedule shall be posted in the Contractor's
field office with completed work identified in colored pencil.
19. MAINTENANCE OF TRAFFIC.
A. The Contractor shall not obstruct nor create a hazard to any traffic
during the prosecution of the work and shall be responsible for
repair of all damage to existing pavement or facilities caused by his
operations.
B. Beginning date of Contractor's Responsibility: the Contractor's
responsibility for maintenance of traffic shall begin on the day he starts
the work and continue until Final Completion and Acceptance of the
Project.
C. Sections Not Requiring Traffic Maintenance: the Contractor will not be N
required to maintain traffic over those portions of the Project
where no work is to be accomplished or where construction i
operations will not affect aircraft operations. The Contractor,
however, shall not obstruct nor create a hazard to any traffic during the
prosecution of the work and shall be responsible for repair of any
damage to existing pavement or facilities caused by his
operations. E
2
0
D. Traffic During Construction: All construction vehicles are required to
use existing traffic routes. Normal traffic lanes are not to be used as
staging areas for arriving delivery vehicles. The Contractor's
employees shall utilize the designated Contractor employee parking
area. c
E. Contractor Signing: The Contractor may furnish and install
construction traffic directional signs along the existing traffic route. The
signs shall depict Contractor's logo or name, directional arrows and
"deliveries". Signs shall be of sufficient size to have 8" high message
and shall be located at each decision point. All signs and their
locations shall be approved by the Engineer and Owner. NO OTHER
SIGNS ARE PERMITTED.
F. Material Deliveries: The Contractor shall make his own material
and equipment deliveries. No deliveries shall be made by vendors
or suppliers without escort by a representative of the Contractor.
G. Notification: On days when construction traffic is expected to be
extra heavy or when oversized pieces of equipment are to be
delivered, give minimum forty-eight (48) hours notice to the
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Engineer.
H. All Contractor's material orders for delivery to the work site will use
as a delivery address, the street name and number assigned to the
access point onto the airport. The name KEY WEST
INTERNATIONAL AIRPORT shall not be used in the delivery
address at any time. This will preclude delivery trucks from
entering into aircraft operations areas inadvertently. All Contractor ,
material orders for the work site shall be delivered to the areas
designated as the Contractor's receiving area. All deliveries shall
be made only during the Contractor's working hours.
E
I. Interference Request:
1) The Contractor shall be responsible for notifying the Owner in
writing and securing approval for any and all interruptions or
interference with traffic (pedestrian, automobile, or other
necessary function of the Airport or any of the Airlines).
2) The request shall include a traffic control plan indicating
barricades, lighting and flagmen where required. i
3) Such notification shall be made as soon as possible but in
no case less than 48 hours prior to interference.
4) It is suggested that the Contractor utilize a standard form
addressed to the Owner with a blank space for a description of
the interference, the exact area affected, the exact times and
dates the interference will take place and blanks for the
Owner's approval. The forms shall be submitted in dupli-
cate. No interference will be allowed until the Contractor has
received back a copy of the approved interference request
form.
J. Personnel Traffic:
E
1) General: All construction personnel shall be restricted to
construction areas. They shall wear shirts with sleeves and
long pants at all times.
2) Use of Public Areas: The Contractor's workmen shall not
utilize public areas for taking their "work breaks" or
"Iunchbreaks". Areas for this purpose can be designated by
the Owner upon request. No Public Toilets shall be used by
any workmen at any time.
20. DAILY CLEAN-UP AND TRASH REMOVAL.
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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 OAR may
at any time direct the Contractor to immediately remove his trash and
debris from the site of the work when in the opinion of the Owner such trash
constitutes a nuisance or in any way hinders the work or the Airports ,
operations. If the Contractor should fail to remove his trash and debris from
the site of the work in a timely manner, the Owner may have this work
performed and deduct the cost of such from Contractor's payment.
E
21. CLEANING AND PROTECTION.
A. General: During handling and installation of work at the project site, clean and
protect work in progress and adjoining work on the basis of
continuous daily maintenance. Apply protective covering on installed work to
ensure freedom from damage or deterioration.
B. Clean and perform maintenance on installed work as frequently as
necessary through the remainder of the construction period. Adjust and i
lubricate operable components to ensure operability without damaging effects.
C. Limiting Exposure of Work: To the extent possible through appropriate �-
control and protection methods, supervise performance of the work in
such a manner and by such means which will ensure that none of the
work, whether completed or in progress, will be subjected to harmful,
dangerous, damaging or otherwise deleterious exposure during the
construction period. Such exposures include, where applicable, but not by way
of limitation the following: a,
c
1) Excessive static or dynamic loading
2) Excessive internal or external pressures
3) Solvents
4) Chemicals
5) Light
6) Puncture
7) Abrasion
8) Heavy Traffic
9) Soiling
10) Combustion
11) Improper shipping or handling
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12) Theft
13) Vandalism
D. Protection at Openings: Contractor shall provide protection at all openings
in structures and finishes to maintain the building weather and dust tight. All
protection shall be of solid material and substantial so that it will not be
disturbed by wind and weather normal to the area and season, and also ,
tight fitting to prevent noise infiltration.
E. Protection of Improvements:
E
1) Damage to Existing Facilities: Existing surfaces and materials of
the Owner's property not requiring work by the Contract Documents
that is damaged by the Contractor's operations shall be
immediately repaired. Repaired surfaces and materials shall match
existing adjacent undamaged surfaces and materials. Repair work
shall be coordinated with the Engineer and Owner with regard to
time and method.
2) Accidental Demolition: All structures or parts thereof that may
become damaged due to accident or Contractor's error shall be
restored to their original condition at no cost to the Owner.
Materials and equipment being used in the repair or replacement
resulting from damage shall be new and shall perform at the
manufacturer's published capacities. If the existing equipment or
materials cannot be identified, or if unavailable, the selection of the
replacement will be subject to approval by the Engineer in writing.
F. Overhead Protection
1) No cranes or other construction equipment shall cross over non-
construction personnel, their travel ways or ride systems.
2) The plan of operation of cranes and other hoisting equipment shall be
established in writing by the Contractor. This plan of operation shall
be subject to approval by the Engineer.
22. CONSERVATION AND SALVAGE
A. General: It is a requirement for supervision and administration of the Work
that construction operations be carried out with the maximum possible
consideration given to conservation of energy, water and materials. In
addition, maximum consideration shall be given to salvaging materials and
equipment involved in performance of the work but not incorporated
therein. Refer to other sections for required disposition of salvaged
materials which are the Owner's property.
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23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all
initial construction "acceptance" testing costs shall be borne by the Owner. An
independent testing laboratory selected and responsible to the Engineer shall perform
all "acceptance" testing required by the technical specifications or as directed by the
Owner and/or the Engineer.
24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the
cost of testing under the following conditions: ,
A. If substitute materials or equipment are proposed by the Contractor, he
shall pay the cost of all tests which may be necessary to satisfy the -
Engineer that specification requirements are satisfied. The Contractor
shall pay for the Engineer's time spent in review and administrating such
proposed substitution.
B. If materials or workmanship are used which fail to meet specification
requirements, the Contractor shall pay the cost of all testing deemed
necessary by the Engineer to determine the safety or suitability of the
material or element.
C. The Contractor shall pay for all testing costs including, but not limited to, i
power, fuel, and equipment cost which may be required for complete
testing of all equipment and systems for proper operation.
D. The Contractor shall pay for all testing required for materials, job mix
designs, equipment, structures and related items included in all shop
drawings and other submittals as required by the Technical Specifications to
be submitted and approved by the Engineer prior to construction.
25. PROJECT DOCUMENTATION.
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A. Project Drawings: The successful Contractor will be furnished, at '-
no charge, four (4) copies of drawings and specifications. Additional copies
may be purchased at actual cost of reproduction.
A field set of drawings and specifications shall remain on the job site at all
times and shall be available at all times to the Engineer. The field set
shall be continuously updated to reflect the "as-built" condition of all work
included in this Contract.
The Contractor shall immediately include plainly and conspicuously on the
field set of drawings, and at appropriate paragraphs in the specifications, all
changes or corrections made by addenda and change orders as they are
issued.
Approved copies of all shop drawings and other submittals are to be kept
on the job site at all times and shall be available at all times to the
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Engineer.
Changes and deviations from the existing conditions shall be submitted in
writing for approval by the Engineer or Owner prior to installation. In no
case shall any unspecified equipment or materials be installed without
prior approval by the Engineer.
B. Record Documents: ,
1) Definition: Record copies are defined to include those documents or
copies relating directly to performance of the work, which the
Contractor is required to prepare or maintain for the Owner's
records, recording the work as actually performed. In particular,
record copies show changes in the work in relation to the way in
which shown and specified by the original contract documents; and
show additional information of value to the Owner's records, but not
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, NLM
addenda and change orders, marked-up product data submittals,
record samples, field records for variable and concealed conditions i
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 E
Drawings at the job site. These shall be kept legible and current
and shall be available for inspection at all times by the Engineer. Show
all changes or work added on these Record Drawings in a contrasting
color.
a) Mark-up Procedure: During progress of the work, maintain a
white-print set (blue-line or black-line) of contract drawings
and shop drawings, with mark-up of actual installations which
vary substantially from the work as originally shown. Mark
whatever drawing is most capable of showing actual physical E
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 E
general location. Mark-up important additional information
which was either shown schematically or omitted from
original drawings. Give particular attention to
information on work concealed, which would be difficult to
identify or measure and record at a later date. Note
alternate numbers, change order numbers and similar
identification. Require each person preparing the mark-up to
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initial and date the mark-up and indicate the name of the
firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch
high letters.
In showing changes in the work use the same legends as
used on the original drawings. Indicate exact locations by
dimensions and exact elevations by job datum. Give
dimensions from a permanent point. ,
b) Preparation of Record Drawings: In preparation for
certification of substantial completion on the last major
portion of the work, review the completed mark-up of record
drawings and shop drawings with the Engineer. The
Engineer will then proceed with preparation of a full set of
corrected contract drawings. The Engineer will date each
updated drawing and label each sheet "PROJECT
RECORD" in 1-1/2 inch high letters. Printing as required
herein is the responsibility of the Engineer. ca
3) Copies, Distribution: Upon completion of record drawings, the
Engineer shall prepare blue-line or black-line prints of each
drawing, regardless of whether changes and additional information
were recorded thereon. The Engineer shall then organize into
manageable sets, bind with durable paper cover sheets, and
print suitable titles and dates. The markup set of prints maintained
during the construction period shall be bound in the same manner.
The Engineer will retain one copy set. At the completion of the project,
the Engineer shall submit one set of prints, with changes noted
thereon, to the Owner. Record Drawings shall contain the names,
addresses and phone numbers of the General Contractor and the
major sub-contractors.
4) The Engineer shall be the sole judge of the acceptability of the
Record Drawings. Receipt and acceptance of the As-Built
drawings is a pre-requisite for Final Payment.
C. Record Specifications
1) During progress of the work, maintain one copy of specifications,
including addenda, change orders and similar modifications issued in
printed form during construction, mark-up variations (of
substance) in actual work in comparison with text of specifications and
modifications as issued. Give particular attention to
substitutions, selection of options, and similar information on work
where it is concealed or cannot otherwise be readily discerned at a
later date by direct observation. Note related record drawing
information and product data where applicable. Upon completion of the
mark-up, submit to the Engineer for the Owner's records. Label the
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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 Engineer for the Owner's records. Label each data
submittal "PROJECT RECORD" in 1-1/2 inch high letters.
E. Record Sample Submittal i
Immediately prior to the date(s) of substantial completion, the Engineer
and Owner's personnel will meet with the Contractor on site, and will
determine if any of the submitted samples maintained by the Contractor during
progress of the work are to be transmitted to the Owner for record purposes.
Comply with the Engineer's instructions for packaging, identification
marking, and delivery to the Owner's sample storage space. Dispose of other c
samples in the manner specified for disposal of surplus and waste materials,
unless otherwise indicated by the Engineer.
F. Miscellaneous Record Submittals
Refer to other sections of these specifications for requirements of
miscellaneous record-keeping and submittals in connection with actual _
performance of the work. Immediately prior to the date(s) of substantial
completion, complete miscellaneous records and place in good order,
properly identified and bound or filed, ready for continued use and
reference. Submit to the Engineer for the Owner's records. Categories of
requirements resulting in miscellaneous work records are recognized to
include, but are not limited to, the following:
1) Required field records on excavations, foundations underground
construction, wells and similar work.
2) Surveys by a Registered Land Surveyor establishing lines and
elevations of finished construction.
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3) Inspection and Test Reports: Where not processed as shop
drawings or product data.
4) Asphalt or PCC pavement or backfill mix design record and/or
certifications.
5) Concrete mix certifications.
6) Manufacturer's certifications that all fence component materials
conform to specified ASTM specifications. Certifications shall be _
accompanied by reports containing the test results for which the
certifications are made.
G. Project Close-out
Project close-out is hereby defined to include general requirements near
end of Contract Time, in preparation for final acceptance, final payment,
normal termination of contract, occupancy by the Owner and similar
actions evidencing completion of the work. Specific requirements for
individual units of work are specified in other sections. Time of close-out is
directly related to substantial completion, and therefore may be a single time i
period for the entire work or a series of time periods for individual parts of
the work which have been certified as substantially complete at different
dates. The time variation, if any, shall be applicable to other provisions of this section.
H. Prerequisites to Substantial Completion
1) Prior to requesting the Engineer's inspection for certification of
substantial completion, for either the entire work or portions thereof,
complete the following and list known exceptions in request:
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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 Owner of pending insurance change-over
requirements.
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e) Obtain and submit releases enabling the Owner's full and
unrestricted use of the work and access to services and
utilities, including, where required, occupancy permits,
operating certificates, and similar releases.
f) Deliver tools, spare parts, extra stocks of materials, removed
light fixtures, transformers and similar physical items to the
Owner. a,
g) Make final change-over of locks and transmit keys to the _
Owner, and advise Owner's personnel of change-over in
security provisions.
h) Complete start-up testing of systems, and instructions of
Owner's operating-maintenance personnel. Discontinue, or
change over and remove from project site, temporary
facilities and services, along with construction tools and
facilities, mock-ups, barricades and similar elements.
2) Inspection Procedures: Upon receipt of the Contractor's request, the
Engineer will proceed with inspection or advise the Contractor of i
prerequisites not fulfilled. Following initial inspection, the
Engineer will prepare a Certificate of Substantial
Completion or advise the Contractor of work which must be
performed prior to issuance of the Certificate and will
perform a repeat inspection when requested and assured by
the Contractor that the work has been substantially completed.
Results of the completed inspection will form an initial
If
punchlist" for final acceptance.
I. Prerequisites to Final Acceptance
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1) Prior to requesting the Engineer's final inspection for certification
of final acceptance as required by the General Provisions, theru
Contractor shall complete the following and list known exceptions in
the request:
a. Submit certified copy of the Engineer's final punchlist of
itemized work to be completed or corrected, stating that
each item has been completed or otherwise resolved for
acceptance, endorsed and dated by the Engineer.
b. Complete final cleaning up requirements, including touch-up of
marred surfaces.
C. Touch-up and otherwise repair and restore marred exposed
finishes.
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2) Re-inspection Procedures: Following Substantial Completion,
the Contractor shall correct or remedy all Punchlist items to
the satisfaction of the Engineer and Owner within a two (2) week
period after the Date of Substantial Completion. If subsequent
inspections are necessary after the two week period in order to
eliminate all deficiencies, the cost of all subsequent inspections with
respect to the Owner and Engineer's time shall be paid by the
Contractor. When ready, the Contractor shall request in
writing a final inspection of the work. Upon completion of re-
inspection, the Engineer will prepare a Certificate of Final
Acceptance or advise the Contractor of work not completed or
obligations not fulfilled as required for Final Acceptance. If necessary,
the procedures will be repeated.
J. Prerequisites to Final Payment
1) Final Payment: Final Payment will be made after final
acceptance of the project by the Engineer and Owner upon request
by the Contractor on condition that the Contractor:
a) Furnish properly executed complete releases of lien from all i
material men and subcontractors who have furnished
materials or labor for the Work and submit supporting
documentation not previously submitted and accepted. W
Include certificates of insurance for products and completed
operations where required.
2
b) Furnish the Contractor's Affidavit of Release of Liens (2 c
copies) that all material men and subcontractors have been
paid in full. In the event they have not been paid in full, the
Owner shall retain a sufficient sum to pay them in full and at his
option may make direct payment as provided in Chapter 713,
Florida Statutes, as amended, to obtain complete
releases of lien. This authorization to make a direct payment is
not an acknowledgement or waiver by the Owner that an
unpaid Subcontractor Material man may seek payment from
the Owner rather than from the Public Construction Bond
Surety as required by Sect. 255.05, F.S.
c) Furnish Contractor's Affidavit of Debts and Claims (2
copies).
d) Furnish required sets of record drawings and maintenance and
operating instructions of new mechanical equipment.
e) Furnish guarantees signed by subcontractors, material
suppliers, and countersigned by the Contractor for operating
equipment.
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f) Submit specific warranties, workmanship-maintenance
bonds, maintenance agreements, final certifications and
similar documents.
g) Furnish a signed guarantee, in form acceptable to Engineer
and Owner agreeing to repair or replace as decided by the
Engineer, all work and materials that prove defective within one
(1) year (or more) from the date of final acceptance,
including restoration of all other work damaged in making
such repairs or replacements.
h) Furnish consent of Surety to final payment.
i) Submit updated final statement, accounting for final changes to
Contract Sum.
D Submit evidence of final, continuing insurance coverage
complying with insurance requirements. ca
k) Certify that all Social Security, Unemployment and all other
taxes (City, State, Federal Government) have been paid.
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I) Provide receipt, as applicable, of affidavits certifying all labor
standards of local, State, or Federal requirements have been W
complied with by the Contractor.
K. Record Document Submittals
0
Specific requirements for record documents are shown in the section,
PROJECT RECORD DOCUMENTS. Other requirements are indicated in the
General Provisions. General submittal requirements are indicated in
"Submittals" sections. Do not use record documents for construction
purposes; protect from deterioration and loss in a secure, fire-resistive
location; provide access to record documents for the Engineer's reference
during normal working hours.
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1 ) Record Drawings: The Engineer shall organize record drawing
sheets into manageable sets, bind with durable paper cover sheets,
and print suitable titles, dates and other identification on cover of
each set.
2) Record Specifications: Upon completion of mark-up, submit to the
Engineer for the Owner's records.
3) Record Product Data: Upon completion of mark-up, submit a
complete set to the Engineer for the Owner's records.
4) Record Sample Submittal: Comply with the Engineer's instructions for
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packaging, identification, marking, and delivery to the Owner's sample
storage space.
5) Miscellaneous Record Submittals: Complete miscellaneous
records and place in good order, properly identified and bound or
filed, ready for continued use and reference. Submit to the
Engineer for the Owner's records.
.2
6) Maintenance Manuals: Complete, place in order, properly identify and
submit to the Engineer for the Owner's records.
L. Close-out Procedures
General Operating and Maintenance Instructions: Arrange for each
installer of work requiring continuing maintenance or operation, to meet
with the Owner's personnel at the project site to provide basic instructions
needed for proper operation and maintenance of the entire work. Include
instructions by manufacturer's representatives where installers are not
expert in the required procedures. Review maintenance manuals, record
documentation and materials, lubricants, fuel, identification system, control N
sequences, hazards, cleaning and similar procedures and facilities. For
operational equipment, demonstrate start-up, shut-down, emergency i
operations, safety, economy, efficiency adjustments, and similar
operations. Review maintenance and operations in relation with
applicable warranties, agreements to maintain bonds, and similar continuing --
commitments. Permit owner employees to video tape operating and
maintenance instructions.
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26. FINAL CLEANING.
A. Provide final cleaning of the work, at the time indicated, consisting of
cleaning each surface or unit of work to normal "clean" condition.
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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.
E
C. Compliances: Comply with safety standards and governing regulations for
cleaning operations. Do not burn waste materials at site, nor bury debris or
excess materials on Owner's property. Do not discharge volatile or other
harmful or dangerous materials into drainage systems. Remove waste
materials from site and dispose of in a lawful manner.
Where extra materials of value remain after the completion of the
associated work have become the Owner's property, dispose of these as
directed by the Owner.
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INTENTIONALLY LEFT BLANK i
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SPECIAL PROVISION NO. 2
NOTICE TO PROCEED , CONSTRUCTION
PHASING AND WORK SEQUENCING
NOTICE TO PROCEED
To avoid the Contractor from being held responsible for delays in
obtaining the necessary permits, and having these delays deducted from
the total calendar days provided in the contract to complete construction,
two (2) Notice to Proceeds will be issued as follows:
A. Notice to Proceed Permits
A Notice to Proceed permit will be issued ten (10) days after award of
contract. At this time the Contractor shall accomplish the following
activities, but not limited to: ca
1. Obtain permits as required for construction.
2. Prepare and transmit all shop drawings, submittals and
certifications as required by the Contract Documents to the
Engineer for review and approval. W
3. Place orders for the purchase and delivery of equipment,
materials and supplies required to complete the work in
accordance with the Contract Documents.
4. Prepare his staging area and establish haul routes.
5. Mobilize equipment, materials and supplies in Contractor's
staging area. No men, equipment, materials or supplies
will be allowed outside the staging area during this time 1-
unless otherwise authorized by the Engineer.
No onsite construction activities shall be accomplished and the airport
shall remain open to aircraft operations during this time. It is anticipated
that the Notice To Proceed Permits will be issued in October 2020.
B. Notice to Proceed Construction
Only after the Contractor has obtained all the necessary permits, will
the Notice to Proceed Construction be issued, which shall state the
date on which it is expected the Contractor will begin the construction
and from which date contract time will be charged.
The Contractor shall submit a construction progress schedule to the
Engineer in accordance with Section 16 of Special Provision No. 1.
The progress schedule shall indicate the phasing and work sequencing
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anticipated to be accomplished by the Contractor. No actual work
shall begin until the construction progress schedule has been
approved by the Engineer.
It is anticipated that Notice to Proceed Construction will be issued in
February 2021. At this time the Contractor shall develop all the
construction activities necessary to complete the work in accordance with
the contract documents. Three hundred (3) calendar days will be
allowed to complete the work in its entirety.
Construction work under this project will be accomplished during the day-
time unless otherwise shown on the plans. The construction work
included in this project has to be done as shown on the plans.
CONSTRUCTION PHASING AND WORK SEQUENCING
Upon completion of the work, and before final payment, the contractor shall
remove all equipment, surplus and discarded materials, rubbish, and shall i
submit an as-built information signed and sealed by a professional land
surveyor.
During the week of Fantasy Fest (October 31) and New Year week the
contractor shall coordinate with the airport manager, OAR, and FBO's to isolate
his work in some specific areas. The airport manager may instruct the
Contractor to stop the work during this time. No additional time and/or cost
will be granted to the Contractor.
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SPECIAL PROVISION NO. 3
CONTRACT TIME AND LIQUIDATED DAMAGES
CONTRACT TIME
NOTICE TO DESCRIPTION ,
PROCEED CONTRACT
TIME TO
COMPLETE
NOTICE TO PROCEED The work includes interior rehabilitation Maximum 180 i
CONSTRUCTION of the existing terminal facility Calendar Days
2
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TOTAL CONTRACT TIME:
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Maximum 180
Calendar Days
SPECIAL PROVISIONS IV-27
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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
Failure to Complete Construction $500 Per Day
within 180 days of NTP
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SPECIAL PROVISION NO. 4
PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACILITIES
A. The Contractor is hereby informed that there may be installed on the Airport FAA
NAVAIDS including, without limitation, airfield lighting systems, electric cables and
controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and
electric cables must be fully protected during the entire construction time. Work under
this contract can be accomplished in the vicinity of these facilities and cables only at
approved periods of time.
Approval is subject to withdrawal at any time because of change in the weather,
emergency conditions on the existing airfield areas, anticipation of emergency conditions,
and for any other reason determined by the Owner's Authorized Representative
(OAR) acting under the orders and instructions of the airport management and the
designated FAA representative. Any instructions to this contractor to clear any given
area at any time by the OAR or the Airport Management shall be immediately
executed. Construction work will be commenced in the cleared area only when N
additional instructions are issued by the Engineer.
i
B. Power and control cables leading to and from any FAA NAVAIDS and other facilities
have been located and shown from best available information and are approximate. The
Contractor shall verify actual locations. Through the entire time of this construction,
the Contractor shall not allow any construction equipment to cross power and
control cables leading to and from any FAA NAVAIDS or other facilities without first
protecting the cable with steel boiler plate, or similar structural devices, on three (3')
feet either side of the marked cable route. All excavation within three (3') feet of
existing cables shall be accomplished by hand digging only.
C. This Special Provision intends to make perfectly clear the need for protection of FAA
NAVAIDS and other facilities and cables by this contractor at all times.
D. The Contractor shall immediately repair, at his own expense, with identical material
by skilled workmen, any underground cables serving FAA NAVAIDS and other airport
facilities, which are damaged by his workmen, equipment, or work. Prior approval of the E
FAA must be obtained for the materials, workmen, time of day or night, method of
repairs, and for any temporary or permanent repairs the Contractor proposes to make to
any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the
Engineer must be obtained for the materials, workmen, time of day or night, and for
the method of repairs for any temporary or permanent repairs the Contractor proposes to E
make to any other airport facilities and cables damaged by this Contractor. If any repair
requires splicing, it shall be spliced at the direction of the Engineer. No work shall be
backfilled or covered prior to approval by the Engineer.
E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits
and light fixtures on site to temporarily jump around damaged or cut cables and fixtures
if necessary to make the existing runway/taxiway/NAVAIDS systems operational during
scheduled aircraft operation periods.
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SPECIAL PROVISION NO. 5
RESIDENT PROJECT REPRESENTATIVE
1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be
performed by the Engineer or his duly authorized representative.
2. DUTIES OF OWNER'S AUTHORIZED REPRESENTATIVE (OAR). The OARs
Inspector's duties and responsibilities are to:
E
a. Monitor performance of the Contractor; require correction of work that does
not meet plans and specifications; and report serious problems to the Engineer e®
and Owner. ,
b. Determine test sites/locations, coordinate and supervise testing.
C. Interpret plans and specification details. N
d. Resolve minor construction problems. i
e. Maintain project records.
f. Review and approve requests for payment to the Contractor.
2
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.
j. Contact Engineer for advice and assistance when needed and when major
problems arise.
k. Recommend to the Engineer when a Change Order or Supplemental Agreement is
required.
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SPECIAL PROVISION NO. 6
SAFETY AND SECURITY REQUIREMENTS
1. SAFETY REQUIREMENTS
A. Construction Sequencing. All construction being accomplished under this °-
contract shall be in accordance with the sequencing indicated on
the drawings.
B. Radio Communications. When working in an Air Operations Area (AOA),
whether closed or not, the Contractor shall maintain communications by
two-way radio with the Airport Radio Frequency during all hours of Radio e®
Frequency operations. The Contractor's radios shall be capable of ,
operating on the ground control frequency assigned to the Radio
Frequency. The radio operator shall be trained on the use of the radio,
including the terminology normally used on airports for ground control
communications. If the Contractor is operating in more than one general
area on the airport at the same time, additional radios shall be provided to
allow coordination of work activities with the Airport Frequency. i
In addition to the above requirements for radios for use by Contractor's
personnel, the Contractor shall provide a similar two-way radio for
exclusive use by the Resident Inspector during normal working hours
throughout the contract time period. E
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0
C. Construction Activity and Aircraft Movements. During the time
that the Contractor is performing some work, the Airport will
remain in use by aircraft except as provided herein. To the extent a,
feasible and convenient, in the opinion of the Engineer, the use by
aircraft of runways and taxiways adjacent to areas where the c
Contractor is working will be so scheduled as to reduce disturbance to
the Contractor's operations. Aircraft operations, unless otherwise
specified in the contract specifications, shall always have priority over
any and all of the Contractor's operations and the Contractor shall not E
allow his employees, sub-contractors, material men or any other
persons over whom he has control, to enter or remain upon or allow
any plant or materials to be brought or remain upon any part of
the airport which, in the opinion of the Engineer, would be a hazardous
location.
Should aprons, runways or taxiways be required for use of aircraft and
should the Engineer or Resident Inspector deem the Contractor to be too
close to the portion used by aircraft for safety, he may in his sole
discretion order the Contractor to suspend his operations, remove his
personnel, plant, equipment and materials to a safe distance and stand by
until the runway and taxiways are no longer required for use by aircraft.
SPECIAL PROVISIONS IV-33
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D. Limitations of Construction
1) All Contractor vehicles that are authorized to operate on the Airport outside
of the designated construction area limits or haul routes as specified on the
plans and in the active Aircraft Operations Area (AOA) shall display in full
view (3600) above the vehicle a 3' x 3' or larger orange and white
checkerboard flag, each checkerboard color being 1' square. Any
vehicle operating in the active AOA during the hours of darkness ,
shall be equipped with a flashing amber (yellow) dome-type light
mounted on top of the vehicle display in full view (3600) and of such
intensity to conform to local codes for maintenance and emergency
vehicles.
2) All Contractor vehicles that are required to cross active runways, taxiways
and approach clear zones shall do so under direct control of a flagman.
The flagman shall be trained and instructed by Airport Operations in
the regulations governing operations on the AOA and the Airport. The
flagman shall remain with his vehicle at all times. All aircraft traffic on
runways, taxiways and aprons shall have priority over Contractor's traffic. In
the event that flagman is not available, the Contractor must provide his a
authorized personnel with radios operating on the local ground control i
frequency of 121.9 for clearance when crossing active runways or taxiways.
3) No runway, taxiway apron or aircraft roadway shall be closed without .�
written approval of the Airport Manager to enable necessary Notices to
Airman (NOTAM) or advisories to airport service or tenants. A E
minimum of 48 hours notice of requested closing shall be directed to the
Engineer who will coordinate the request with the Airport Manager. c
4) Any construction activity within 200' of an active runway centerline or 92'
from an active taxiway centerline or open excavations in excess of
three inches (Y) deep within the above areas will require closure of the
affected runway or taxiway unless otherwise approved by the
Airport Manager. Closure requires the same provisions as Paragraph
3) above.
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5) Open flames, welding or torch-cutting operations are prohibited unless
adequate fire and safety precautions have been taken and the procedure
approved by the Airport Manager.
6) Stockpiled material shall be constrained in a manner to prevent movement E
resulting from aircraft blast or wind conditions in excess of 10 knots.
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7) Open trenches, excavation and stockpiled material located in the AOA
shall be prominently marked with flags and lighted by approved
light units during hours of visibility and darkness.
8) Contractor to provide barricades across pavement to isolate
construction activities from aircraft operating areas at locations as
determined by the Resident Inspector. Barricades to be orange and
white striped , low-profile type barricades with battery operated red
flashing lights or approved equal. Each barricade shall have a
minimum of two flashing lights with the intensity of the lights being of
such brightness so as to be readily identified during darkness periods.
Barricades to be spaced continuously. Barricades are to be sandbagged
as necessary to prevent from being blown over. Barricades shall be removed
at individual locations as paving in the area is completed. Cost of
barricades shall be incidental and included in the mobilization
cost.
9) During runway closures, the Contractor shall use the runway closure
markers (lighted X) provided by the Airport on each runway end (over N
runway numerals) in accordance with the special provisions of these
specifications unless otherwise approved by the Engineer. i
10) The Contractor shall keep all active airfield pavement clear of all debris,
stones and other materials during construction. All active pavement shall be ~�
cleaned and inspected by the Contractor's superintendent prior to release
of work crews after each shift of work.
0
11 ) All construction barricades shall be inspected by the Contractor's
superintendent prior to release of work crews after each work shift to
ensure barricades are properly placed and lighted for non-work hours.
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12) Equipment, materials, open trenches, excavation and stockpiled material ,
will not be allowed within 250' of centerline of active runways or within
92' of active taxiways after work operations are ceased each work shift.
Coverings for open trenches must be of such strength as to support the
weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type
undercarriage.
13) All existing facilities, equipment (runway/taxiway lights, visual aids,
NAVAIDS, etc.) and underground utilities shall be carefully
protected by the Contractor. Any damage to these items caused by
SPECIAL PROVISIONS IV-35
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the Contractor or Sub-Contractors shall be immediately repaired and
restored to a condition similar or equal to the original condition.
E. Payment. No separate payment shall be made for the
safety requirements stated above. All costs necessary to provide these
items or services shall be included in other bid items quoted in the Bid
Proposal.
.2
2. SECURITY REQUIREMENTS - CONTRACTOR
A. 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.
B. Construction Security Committee. The committee shall be established by
the Manager or Director 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 Manager or Director. N
Committee membership shall include the CSO, the Manager or
Director and such other personnel as the Manager or Director may i
designate.
C. 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.
D. Access to the Site. Contractor's access to the site shall be as shown on the
plans. No other access points shall be allowed unless approved by
the Manager or Director. All contractor traffic authorized to enter the
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 on airport property. The Contractor shall be
responsible for immediate clean-up of any debris deposited
along any route resulting from his 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
Resident Project Engineer or Representative.
E. Materials Delivery to the Site. All Contractor's material deliveries to the
site shall enter the airport only at designated gates and such
deliveries shall be escorted to the construction site by
experienced contractor personnel. This will preclude delivery trucks
from entering into the airport or taking short cuts through the
perimeter gates and entering into aircraft operation areas
inadvertently.
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F. Identification - Vehicles. The Contractor shall establish and maintain a
list of contractor and sub-contractor vehicles authorized to operate on
the 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 CSO shall maintain
a current list of companies authorized to enter and conduct
work on the airport. Employee personal vehicles shall be parked in
designated areas. These vehicles shall not enter the airfield at any time. ,
All vehicles and equipment entering the job site shall display the
company's logo and/or name.
The Contractor shall disconnect backup beepers and prevent banging
tailgates during nighttime operations. The Contractor will be required to
use flaggers to direct equipment movement in the staging area during
nighttime hours.
G. Identification - Personnel. The Contractor's on site personnel shall be
badged with identification from the Key West International Airport. The
contractor's supervisor shall submit to a criminal history fingerprints N
check from the FBI via the Key West International Airport Security
manager. All supervisors shall be required to attend an Airport i
Orientation seminar presented by the airport operations and
security unit. All other non-supervisory personnel of the contractor
and subcontractor shall be issued a construction worker security --
badge supplied by the Key West International Airport, said badges
will be issued to the Head Contractor for said project. The head
contractor shall maintain a master list of all personnel issued said
contractor security badges. The list shall be made available for the
airport security unit inspection during all hours of construction on
the airport. All personnel shall wear their badges on the outermost
portion of their garment above their waist at all times while on the
airport property. The contractor shall comply with all instructions c
issued by the airport security unit. The contractor shall provide the airport
with the name and a 24 hour contact number for its security officer. Upon
the completion of the FBI check, the contractor is issued full airport
access badge for the Key West International Airport (SIDA) and he E
will act as escort to all other personnel. The definition of escort will
be explained during the airport training seminar.
H. Manager or Director. The work on the Florida Keys Marathon
International Airport shall be under the direction of the Airport E
Manager or his authorized agent(s).
I. Construction Area Limits. The limits of construction, material
storage areas, equipment storage area, parking area and other areas
defined as required for the 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.
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J. Contractor shall maintain security at all times during construction.
K. 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.
3. AIRPORT SECURITY REQUIREMENTS
A. General. The federal Transportation Security Administration is the E
federal agency primarily responsible for overseeing the security
measures utilized by the airport owner pursuant to the relevant
provisions of Chapter 49, United States Code, and regulations
adopted under the authority of the Code, including but not limited
to 49 CFR 1540, et seq. Violations of the statutes or regulations
may result in severe civil monetary penalties being assessed
against the airport operator. It is the intent of the airport operator
that the burdens and consequences of any security violations
imposed upon the airport operator as a result of actions by an
airport tenant or the airport tenant's employees, agents, invitees, i
or licensees shall be borne (by the airport tenant.
B. Airport Tenant Defined. An airport tenant means any person,
entity, organization, partnership, corporation, or other legal
association that has an agreement with the airport operator to
conduct business on airport property. The term also includes an
airport tenant as defined in 49 CFR 1540.5. Each signatory to this
Agreement, other than the airport operator, is an airport tenant.
C. Airport Operator Defined. As used in this Agreement, airport
operator means Monroe County, Florida, its elected and
appointed officers, and its employees.
D. Airport Property Defined. Airport property shall mean the
property owned or leased by, or being lawfully used by, the
airport operator for civil aviation and airport-related purposes.
For purposes of this Agreement, airport property is the
property generally referred to as the Key West Airport, the
Marathon Airport, or both as may be set forth in this
Agreement.
E. Inspection Authority. The airport tenant agrees to allow
Transportation Security Administration (TSA) authorized
personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of
the airport operator or airport tenant with the applicable security
requirements of Chapter 49, United States Code, and 49 CFR
SPECIAL PROVISIONS IV-38
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1540, et seq.
F. Airport Security Program. The airport tenant agrees to become
familiar, to the extent permitted by the airport operator, with
the Airport Security Program promulgated by the airport operator
and approved by TSA, and also agrees to conform its' operations
and business activities to the requirements of the Airport Security
Program.
G. Tenant Security Program. If permitted under TSA regulations, the
airport tenant may voluntarily undertake to maintain an Airport
Tenant Security Program as referred to in 49 CFR
1542.113. If the airport tenant voluntarily promulgates an
Airport Tenant Security Program that is approved by TSA,
such program, as may be amended and approved from time to
time, shall be automatically incorporated into this Agreement.
H. Breach of Agreement. Should TSA determine that the airport tenant
or one or more of the airport tenant's employees, agents, invitees,
or licensees has committed an act or omitted to act as .N
required, and such act or omission is a violation which
results in TSA imposing a civil penalty against the airport i
operator in accordance with TSA's Enforcement Sanction
Guidance Policy, such determination and imposition of a civil
penalty by TSA shall be considered a significant breach of this �--
Agreement.
1) Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum
violation" as provided for in TSA's Enforcement Sanction Guidance
Policy, the airport tenant may cure the breach by paying to
the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in .
investigating, defending, mitigating, compromising, or
taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and
costs incurred in the investigation, defense, compromising, E
mitigation, or taking of remedial action measures. If the
violation is a third violation, or there are multiple violations in
excess of two violations, that is or are a civil penalty "minimum
violation", the airport tenant shall pay to the airport operator
the total costs incurred by the airport operator, including any E
fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees an d costs incurred in the
investigation, defense, compromising, mitigation, or taking
of remedial action measures; and, further, the airport operator
shall have the right to unilaterally cancel this
Agreement, such cancellation to be effective thirty calendar
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days after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
2) Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate
violation" as provided for in TSA's Enforcement Sanction
Guidance
Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred
by the airport operator, including any fines or
penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs ,
incurred in the investigation, defense,
compromising, mitigation, or taking of
remedial action measures; and, further, the
airport tenant may cause al I of airport tenant's
employees involved in the airport tenant's business
operations on the airport property to undergo such
security training as may be required by the airport
operator. The total cost of the training shall be paid
for by the airport tenant. If the violation is a third
violation, or there are multiple violations in excess
of two violations, that is or are a civil penalty
"moderate violation", the airport tenant shall pay 'to
the airport operator the total costs incurred by c
the airport operator, including any fines or
penalties imposed, in investigating,
defending, compromising, mitigating, or taking
of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees ,
and costs incurred in the investigation,
defense, compromising, mitigation, or taking of
remedial action measures; and, further, the -
airport operator shall have the right to
unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days
after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
3) Maximum Violation. If the violation is the first violation
attributed to the airport tenant and is a civil penalty
"maximum violation" as provided for in ITSA's
Enforcement Sanction Guidance Policy, the airport
tenant may cure the breach by paying to the airport
operator the total costs incurred by the airport
operator, including any fines and penalties
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imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include
but not be limited to reasonable attorney's fees and
costs incurred in the investigation,
defense, compromising, mitigation, or taking
of remedial action measures; and, further, the
airport tenant may cause all of airport tenant's
employees involved in the airport tenant's business
operations on the airport property to undergo such
security training as may be required by the
airport operator. The total cost of the training
shall be paid for by the airport tenant. If the
violation is a second violation, or there are
multiple violations, that is or are a civil penalty "maximum
violation" the airport tenant shall pay to the
airport operator the total costs incurred by the
airport operator, including any fines or
penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to
unilaterally cancel this Agreement, such cancellation to
be effective thirty calendar days after receipt by the
airport tenant of written notice of cancellation of this
Agreement by the airport operator.
4) Mitigation of Breach. TSA has a policy of forgoing civil
penalty actions when the airport operator detects
violations, promptly discloses the violations to TSA, ,
and takes prompt corrective action to ensure that the
same or similar violations do not recur. This policy
is known as the TSA Voluntary Disclosure Program -
Policy, and is designed to encourage compliance
with TSA regulations, foster secure practices, and
encourage the development of internal evaluation
programs. The airport tenant agrees that upon detecting
a violation the airport tenant will immediately report it to
the airport operator. Should the TSA ultimately
determine that the violation was committed by the
airport tenant, or an employee, agent, invitee, or
licensee of the airport tenant, but the violation should
result in the issuance of a letter of correction in
lieu of a civil penalty, then the airport tenant shall
reimburse the airport operator the total costs incurred
by the airport operator in investigating, defending,
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mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the
investigation, defense, mitigation, or taking of
remedial action measures. A violation resulting in
the issuance of a letter of correction shall not be
considered to be a breach of this Agreement by the
airport tenant.
4) Survival of Sub-Section. This sub-section h shall
survive the cancellation or termination of this -
Agreement, and shall be in full force and effect.
I . Hold Harmless; Indemnification; Defense;
Release; Survival. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this
Agreement, the airport tenant agrees to hold harmless,
indemnify, defend and release the airport operator, and the
airport operator's elected and appointed officers and employees, N
from any claims, actions, causes of action, litigation,
administrative proceedings, appellate proceedings, or other i
proceedings relating to any and all types of injury, including
death, loss, damage, fines, penalties, or business interruption of
any nature whatsoever, of or to any person or property in -
connection with the use of the airport property under this
Agreement, regardless of causation and including E
criminal acts of third parties; and especially including any
and all fines, penalties, out of pocket expenses, attorney's c
fees and costs, and costs of remediation or additional security
measures required to be implemented by any governmental
agency (including but not limited to the Federal Aviation
Administration and the Transportation Security Administration)
resulting from a violation of any federal law or federal
regulation. This sub-section shall survive the cancellation
or termination of this Agreement.
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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:
TERMINAL INTERIOR REHABILITATION
SHEET No. SHEET TITLE
ARCHITECTURE
C.S-000 COVER SHEET
G-001 ARCHITECTURAL GENERAL NOTES ,
G-002 ARCHITECTURAL SYMBOLS AND ABBREVIATIONS
CJ
A-100 REFERENCE SITE PLAN
AD-101 DEMOLITION FLOOR PLAN-FIRST FLOOR y
AD-102 DEMOLITION FLOOR PLAN-SECOND FLOOR I
AD-121 DEMOLITION REFLECTED CEILING PLAN-FIRST FLOOR
AD-122 DEMOLITION REFLECTED CEILING PLAN-SECOND FLOOR
A-101 FLOOR PLAN-FIRST FLOOR
A-102 FLOOR PLAN-SECOND FLOOR
A-103 FLOOR PLAN SECOND FLOOR RESTROOMS, PLANS, ELEVATIONS AND FINI! 3
A-121 REFLECTED CEILING PLAN-FIRST FLOOR
A-122 REFLECTED CEILING PLAN-SECOND FLOOR
A-301 BUILDING SECTIONS AND DETAILS w
STRUCTURAL
S-001 STRUCTURAL GENERAL NOTES
PLUMBING
P-102 FLOOR PLAN-SECOND FLOOR PLUMBING _
MECHANICAL E
M-103 HVAC LEGEND, GENERAL NOTES,AND SCHEDULES h®
ELECTRICAL I®
E-001 ELECTRICAL GENERAL NOTES AND SYMBOL LEGENDS
E-102 FLOOR PLAN-SECOND FLOOR ELECTRICAL
SPECIAL PROVISIONS IV-43
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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 Engineer's and
Owner'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 Engineer and Owner.
C. Costs: Except as otherwise indicated, costs associated with temporary facilities are
the Contractor's. Temporary facilities remain the property and responsibility of the i
Contractor.
D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to --
other areas of the airport complex.
E. Noise Control: Where work is being conducted in or adjacent to occupied areas,
the Contractor shall make every effort to keep construction noise to a minimum.
F. Fire Protection: In addition to temporary water service for construction and the
placing of permanent fire protection facilities in operating condition at earliest
feasible date, provide fire extinguishers of types and sizes recommended by NFPA
or any other governing authority or agency.
Provide Type A extinguishers in field offices and for similar exposures, Type
ABC in construction areas. Locate extinguishers near each entrance.
Prohibit smoking except in marked, non-hazardous areas. Smoking in
existing premises is prohibited.
G. Environmental Protection: Review exposure to possible environmental problems
with the Engineer and Owner. 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).
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2. TEMPORARY PROTECTION
Provide facilities and services as necessary to effectively 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 Owner. Provide temporary services during interruptions to existing
utilities as acceptable to the Owner.
The Contractor shall furnish electrical and water utilities as required and provide temporary
power, telephone and system connections where required by the Owner to continue
operation of existing equipment or systems during construction.
3. TEMPORARY STAGING/STORAGE AREAS
A. The Contractor may provide a trailer or prototype building field office for his own
use. The location of the field office or building must be approved by the Engineer and
Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, 'Vi
electric and telephone will be available on site.
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Equipment not in use during construction, nights and/or holidays shall be parked in
areas designated by the Engineer and Owner. Construction workers' private vehicles
shall be parked within the areas.
B. During construction, the Contractor shall maintain these areas in a neat condition.
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The Contractor's vehicles, equipment and materials shall be stored in the areas
designated by the Engineer. 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 Owner. Remove all construction fencing and barricades from the
project site. No special payment will be made for clean-up and restoration of the storage
area.
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.
C. If additional storage areas are needed, the Contractor may request it from the Engineer.
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. E
4. TEMPORARY CONSTRUCTION FACILITIES
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 regulations. Contractor shall obtain a
specific permit for this temporary access if it is required by any
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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.
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. Drinking Water: Provide either pipe-connected potable water fountains or
electric cooled bottled water fountains or insulated potable water
containers in work areas spaced so that personnel at the site will travel no
more than 300 feet. v,
C. 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
workmen 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.
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.
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6. TEMPORARY UTILITY SERVICES
A. The Contractor shall coordinate the requirements for temporary utilities
with the Owner and shall install at the Contractor's expense all necessary
utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur
during installation or use, the 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 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.
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D. The Contractor shall furnish all temporary wiring, piping connections and
other apparatus that is needed to operate the utilities and shall remove all
evidence of same when work is complete.
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
The staging area(s) depicted on the plans shall be used to store all idle
equipment, supplies and construction materials (other than bulk materials such as ,
aggregate, sand and soil).
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.
Additionally, the perimeter of any staging area which abuts an active operation
pavement shall be marked with red flashing barricades no more than 50 feet
apart.
Upon completion of all work, remove all construction fencing and barricades from the
project site.
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
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cleaned up and returned to its original condition to the satisfaction of the Owner.
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.
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 Engineer when
absolutely necessary. Parking of construction workers' private vehicles shall
also be within the staging area construction fence.
Stockpile areas shall be used to store all bulk materials needed for the project a,
and may or may not be fenced at the Contractor's option. However, yellow
flashing barricades shall be installed where potential conflicts with air or ground
vehicular traffic might occur.
Separate stockpiles shall be created for the project construction. Separate
stockpiles shall be created for structural soil and topsoil. Stockpiles shall not
penetrate the FAR Part 77 imaginary surfaces.
All other waste material, including rubble and debris, shall be removed from the i
Airport at the Contractor's expense.
No stockpile areas to store all bulk materials for the project are provided. All --
material removed by excavation, such as concrete, asphalt or limerock, trash,
rubbish and vegetation shall be transported off the Airport limits when it is taken up.
It will not be stockpiled on Airport property.
The Contractor shall provide all necessary temporary environmental controls as
required by laws, regulations or as directed by the Engineer (including, but not
limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of
any stockpile areas. .
The cost for these temporary environmental controls shall be considered
incidental to the project.
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SPECIAL PROVISION NO . 9
DEWATERING
Dewatering operations and any permits necessary to complete any portion of this project,
including but not limited to drainage pipe and structure installation shall be considered incidental
to the bid item for which de-watering may be necessary. All water pumped out of construction
areas shall be discharged through a portable sediment removal/filtration system (dewatering bag)
prior to discharge into a storm sewer inlet.
No separate payment will be made for the cost of dewatering. e®
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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.
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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 ()(including any and all Addenda)
B. Contract (Division II)
C. Special Provisions (Division IV)
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D. Technical Specifications (Division V)
E. General Provisions (Division III)
F. Plans (large scale detail drawings over smaller scale general drawings)
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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).
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All pay requests shall be prepared by the Contractor within the time frames stipulated in the
County Procedures unless otherwise approved by the Engineer and Owner. e®
Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the
Engineer, unless otherwise instructed by him. Contractor shall use Monroe County
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) i
❑ Certificate of Substantial Completion (Form G-704)
❑ Contractor's Affidavit of Payment of Debts and Claims (Form G-706)
❑ Contractor's Affidavit of Release of Liens (Form G-706A)
❑ Consent of Surety to Final Payment (Form G-707)
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