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09/15/2021 Agreement �- 4iySS COLprBCY Kevin Madok, CPA Clerk of the Circuit Court& Comptroller Monroe County, Florida t DATE: November 12, 2021 TO: Betli Leto,Airports Business Manager, KWIA FROM: Parncla G. Hancoc�; .C. SUBJECT: September 15'/October 20"BOCC Meeting Attaclied are electronic copies of the following items for your handling: T16 Construction Manager at Risk Services (CMAR) to NV2A Gulf Keystar Joint Venture for die Key West International Airport Concourse A and Terininal Improvements Program; and granted approval and authorized execution of die CMAR Pre-Construction Activities (Design) Agreement. The total lump sum compensation for die pre-construction phase will be subsequently agreed upon in a scope Gross Maximum Price amendment, to be funded by Airport Operating Fund 404; and Florida Departulent of Transportation Grant GAKD 149. Z10 1st Amendment to Agreement for Construction Manager At Risk Services pre- construction activities with NV2A Gulf Keystar Joint Venture; and granted approval and authorized execution of Task Order No. 1 in the amount of$223,505.00 for the Key West International Airport Concourse A and Teniunal Improvements program, to be funded by Airport Operating Fund 404, FDOT Grant GIP09 and/or FDOT Grant G2090. Sliould you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Construction Manager at Risk (Pre-Construction Activities) Where the basis of payment is a STIPULATED SUM THIS AGREEMENT Made as of this 15th day of September , 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Construction Manager: NV2A Gulf Keystar, A Joint Venture 5450 MacDonald Avenue#3 Key West Florida 33040 Project: Key West International Airport Concourse A and Terminal Improvements Program This Agreement("Agreement" or"Contract")is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("Owner") and NV2A Gulf Keystar JV ("Construction Manager"), to perform all work ("Work") in connection with the management during the pre-construction phase of the Key West International Airport Concourse A and Terminal Improvements Program ( "Project"), located in Monroe County, Florida, with said Work being set forth in the plans and specifications being prepared by the "Design Professional", and all other Contract Documents hereinafter specified and having an estimated construction cost of eighty million dollars ("Construction Budget"). Owner and Construction Manager, for consideration herein set forth, agree as follows: ARTICLE 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement including any Exhibits or Attachments to this Agreement, Conditions of the Contract(General, Supplementary and other Conditions including but not limited to those set forth in Attachment 1), the Request for Proposals (RFP)issued to secure the services of the Construction Manager, Addenda to the RFP issued prior to execution of this Agreement, together with the Construction Manager's response to RFP, all required insurance documentation, and any addenda, amendments, change orders, construction change directives, and field orders issued after execution of this Agreement. The Contract Documents shall also include all plans or specifications for the Project ("Construction Documents"), but only after said Construction Documents have been completed by Design Professional and approved in writing by Owner. All of the foregoing Contract Documents are sometimes referred to herein as the"Contract." 2021.09.14 EYW CMAR Pre-Construction Contract 1 1.2 The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 1.3 A portion of the funding for this Project is coming from the Federal Aviation Authority, FDOT, Passenger Facility Charges, and Monroe County. The Construction Manager is required to comply with all terms and conditions in these Funding Agreements. ARTICLE 2 Scope of Services 2.1 Pre-Construction Phase Services. The Construction Manager shall review and comment on Construction Documents being developed by Design Professional. The scope of that review shall include, but not be limited to, reviewing those various documents for value engineering and constructability. As the Construction Documents are being developed by Design Professional through the various design phases set forth in the Agreement for Professional Architectural and Engineering Services for the "Project" between Design Professional and County ("Design Agreement"), Construction Manager shall provide Owner with progressive construction cost estimates with respect to those documents. Construction Manager agrees to attend any and all design and preconstruction conferences necessary to perform its duties and otherwise to assist and cooperate with Design Professional with respect to design of the Project. 2.2 Construction Manager shall provide all other services during the Pre-Construction phase of the Project as set forth in the Contract Documents. ARTICLE 3 Date of Commencement, Contract Time and Liquidated Damages 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. 3.2 Time is of the essence in the performance of Work under this Contract. Construction Manager shall commence the Pre-Construction Phase Services of the Work within five (5)calendar days after issuance of the Notice to Proceed,unless a later date is established in writing by the Owner. Any work performed by the Construction Manager prior to execution of this Agreement shall be at the sole risk of the Construction Manager. No work performed prior to issuance of the Notice to Proceed shall be reimbursed. 3.3 The Work to be performed under this Agreement, Pre-Construction Phase Services, is a precursor to construction work that will be performed subsequently and that will be covered by a separate contract("Construction Phase Services"). Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the Construction Phase Services. Accordingly, the Construction 2021.09.14 EYW CMAR Pre-Construction Contract 2 Manager agrees to provide the Pre-Construction Phase Services in accordance with the Master Program Phase Bar Schedule in the RFP to have a completed and fully operational and occupied facility by October 1, 2024. The Master Program Phase Bar Schedule may be adjusted from time to time, but only in writing, and only with the concurrence of the Construction Manager, Owner and Design Professional, which concurrence shall not be unreasonably withheld. Owner and Construction Manager recognize that since time is of the essence,the Owner will suffer financial loss if the Work associated with this Agreement is not completed within the times specified on the Project Schedule, as said time may be adjusted as provided for herein. In such event, the Owner's damages will be difficult, if not impossible, to ascertain and quantify definitively, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of the "Project" and other services to the public,in Monroe County,Florida. It is hereby agreed that it is appropriate and fair that Owner should receive liquidated damages in the amount of two thousand, five hundred dollars ($2,500.00) per day from Construction Manager,if Construction Manager fails to complete the Work covered by this Agreement within the required time periods, until such time as the work is completed, provided that the Construction Manager is solely responsible for not completing the work within the times specified on the Project Schedule. For the purpose of this Article, the term "day" means a business day, to include Monday through Friday but not Saturdays, Sundays, or holidays recognized by the County. The Construction Manager shall not be held responsiblefor any delays caused by the Design Professional or Owner. In the event that the Construction Manager is solely responsible for a delay, the Construction Manager shall not be entitled to additional compensation but may be entitled as an exclusive remedy to an extension of time. Construction Manager hereby knowingly and expressly waives and relinquishes any right which it may have to seek to characterize the above liquidated damages as apenalty. The liquidated damages under this Section 3.3 shall be capped at Fifty Thousand Dollars ($50,000). 3.4 The Construction Manager's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract and an equitable adjustment of the Contract Sum for Pre-Construction Phases Services, as it may be applicable. ARTICLE 4 Contract Sum 4.1 For all Pre-Construction Phase Services, including but not limited to providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with Design Professional during the various design phases, and preparing cost estimates, the Owner shall pay and Construction Manager shall receive for the pre- construction phase services for a period of 9 (nine) months from the Notice to Proceed per the Project Schedule. The total lump sum compensation for Pre-Construction Phase Services ("Contract Sum") shall be subsequently agreed upon in a Scope GMP Amendment upon the establishment of the scope of services and deliverables based on 2021.09.14 EYW CMAR Pre-Construction Contract 3 the Contract Documents. The Contract Sum shall be all inclusive and based on rates proposed in the RIP response and no additional amount for reimbursable expenses (including but not limited to, transportation, per diems, postage, photocopying, telephone) shall be allowed. Monthly installment payment of the Contract Sum shall be based on the percent completion of the designated portion of the Pre-Construction Services for each particular month and Owner's receipt of Construction Manager's written invoice for such payment. 4.2 The Construction Manager shall not be entitled to payment unless and until it submits to the Owner invoices with supporting documentation acceptable to the Clerk of Court of which may include partial and final releases and waivers of lien; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner. 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. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735. ARTICLE 5 Pre-Construction Phase Services Construction Manager shall provide the following review and commentary services in addition to any other Pre-Construction Phase Services required by the terms of this Agreement: 5.1 Review,Recommendations and Warranty: Construction Manager shall familiarize itself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design from Schematic Pre-Construction Phase through Construction Documents Phase (as those phases are defined in the Design Agreement). Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost- reducing alternatives including assistance to Design Professional and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall address the benefits of the speed of erection and early completion of the Work. Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. Construction Manager shall submit to Owner and Design Professional such comments as may be appropriate concerning construction feasibility and practicality. Construction Manager shall call to Owner's and Design Professional's attention any defects in the design, drawings and specifications or other documents of which it is aware in its capacity as a Construction Manager, not a design professional. As questions arise or as more information is needed from the Designer or the Owner, the Construction Manager shall track who is responsible for each item and record the status of each item at every meeting. Construction Manager shall prepare estimates of the construction cost utilizing the unit quantity survey method in a format mutually agreed to by the Owner and Construction Manager. These estimates shall be performed following each design phase, including Programming, Schematic Design; Design Development; 60% Construction Documents; and 100% Construction 2021.09.14 EYW CMAR Pre-Construction Contract 4 Documents. 5.1.1 Construction Budget:In performing the services listed in the paragraph above, the Construction Manager shall: (a) Define at the Programming Phase the construction budget range and system assumptions to provide cost guidance across all divisions; (b) Develop budget tracking categories, applicable to the scopes of work; (c) Conduct a budget variance evaluation and produce a list of recommendations; and (d) Track and identify scope changes, review with team, and schedule critical decisions as it relates to the budget. 5.2 Review Reports: Within ten business (10) days after receiving the documents produced by Design Professional, Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 5.1 above and on factors set out in Paragraphs 5.3 and 5.4 below. Within the same ten (10) day period, Construction Manager shall submit to Owner, with copies to Design Professional, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as Construction Manager may deem appropriate, and all actions taken by Design Professional with respect to same, any comments Construction Manager may deem to be appropriate with respect to separating the Work into separate subcontracts, alternative materials, and any other appropriate or required comments. Ongoing constructability reviews to include: Staging and Maintenance of Traffic, Cost Analysis and evaluation for means and methods of systems being evaluated. Provide Monthly reports on the Pre-Construction progress, include specific meetings with any Agencies, Owner, Design Professional, Public meetings or any other related activities. 5.3 Guaranteed Maximum Price, Guaranteed Completion Date: As a deliverable under this Agreement, the Construction Manager agrees to provide to the Owner a guaranteed maximum price (GMP)with a detailed breakdown acceptable to the Owner. In order to begin work as soon as the working fronts become available, permits are issued and the applicable design documents are complete, the Construction Manager and the Owner shall utilize a progressive approach to a GMP, by executing early GMP packages and subsequent scope amendments to the GMP. If and when the GMP is accepted by the Owner, except only as to specific matters that may be recognized in a GMP Amendment approved by the Owner, the Construction Manager shall be deemed to have warranted to the Owner, without assuming any architectural or engineering responsibility, that the construction documents are consistent with each other, practical, feasible, and constructable. Included in this GMP will be the Construction Manager's lump sum General Conditions, General Requirements and Construction Phase fee. At the same time, the Construction Agreement shall also provide a guaranteed completion date. 5.4 Long Lead Procurement: Construction Manager shall review the Project design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies) and consult with Design Professional concerning same. When each item is identified, Construction Manager shall notify prospective subcontractors, Owner and 2021.09.14 EYW CMAR Pre-Construction Contract 5 Design Professional of the required procurement and schedule. Specific packages for long lead items may be identified and released as either individual GMPs or incorporated into a progressive GMP Scope Amendment(s). Such information shall be included in the bid documents and made a part of all affected subcontracts. Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers manufacturing or fabricating such items, and revise the Construction Schedule when required as a result of delays in delivery. Delays in delivery time for long lead procurement items will not entitle Construction Manager to a time extension for completion of the Project. 5.5 Scheduling of Pre-Construction Activities: Construction Manager shall provide a preliminary construction schedule with monthly updates. 5.6 Permits and notices: Construction Manager shall define essential milestone submission dates. This Pre-Construction Design Phase includes obtaining all necessary permits, including but not limited to building permits. Construction Manager is in charge of identifying all necessary permits, defining milestone submission dates, and obtaining the permits. The permit status will be tracked and made available to all attendees and will accompany the meeting notes that will be distributed. 5.7 Interfacing: 5.7.1 Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate procurement of long lead items, the separate construction subcontractors and the general conditions items without duplication or overlap, and are sequenced to maintain completion of all Work on schedule. The Construction Manager will produce a Pre- Construction project schedule that includes deliverables to the owner in conjunction with the Owner and the Designer. Owner Direct Purchase Items, long lead items and potential early start items will be identified as well and included in this schedule. The progress of this schedule will be tracked at every meeting and statuses recorded and distributed with the meeting notes. 5.7.2 Without assuming any design responsibilities of Design Professional, Construction Manager shall include in the reports required under Paragraph 5.2 above, comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that Design Professional may arrange for necessary corrections. Construction Manager shall provide all required Value Engineering as may be required to provide cost guidance for the Owner. 5.8 Cost Modeling/Building Information Modeling (BIM): Construction Manager may be requested for a separate Scope GMP Amendment for developing a BIM Execution plan, clash detection and Model coordination. The Owner may elect to not have a Building Information Model provided pending final discussions. Clash detection shall be provided by the Construction Manager as part of the Scope GMP Amendment for BIM services. 2021.09.14 EYW CMAR Pre-Construction Contract 6 5.9 Meetings: Construction Manager shall attend all of the meetings as outlined in the scope of work. ARTICLE 6 Final Payment 6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work as provided in the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Resident Project Representative/Contract Administrator(RPR/CA). Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. ARTICLE 7 Miscellaneous Provisions 7.1 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event of termination, the Construction Manager shall be paid for all eligible contract work completed, accepted and delivered prior to the date a notice of suspension of funding was received by the County. Any cost incurred after a notice of suspension or termination is received by the County may not be funded with funds provided under any of the Funding Agreements unless previously approved in writing by the State of Florida. 7.3 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as Construction Manager, supplier, subcontractors, or consultants 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, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Construction Manager represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). 2021.09.14 EYW CMAR Pre-Construction Contract 7 Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Construction Manager further represents that there has been no determination, based on an audit, that it or any subcontractors has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Construction Manager or subcontractors has been placed on the convicted vendor list. Construction Manager shall promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendorlist 7.4 Miscellaneous. a) Construction Manager shall maintain all books, records, and documents directly pertinent to performance of any and all work under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be 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 Construction Manager pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Construction Manager shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Construction Manager. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the County and Construction Manager agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Construction Manager 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. The parties agree that both parties participated equally in the drafting of this Agreement. 2021.09.14 EYW CMAR Pre-Construction Contract 8 c) Severability. If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Construction Manager 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. d) Attorney's Fees and Costs. The County and Construction Manager 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 court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Construction Manager and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Construction Manager and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Construction Manager agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) 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 Construction Manager agree to participate, to the extent 2021.09.14 EYW CMAR Pre-Construction Contract 9 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 Construction Manager specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party,effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88- 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII,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 provisionsin any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Construction Manager covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. The parties understand and agree that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 2021.09.14 EYW CMAR Pre-Construction Contract 10 m) No Solicitation/Payment. The County and Construction Manager warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Construction Manager agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Construction Manager 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 Construction Manager 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 Construction Manager 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 Construction Manager.Failure of the Construction Manager 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Construction Manager 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 Construction Manager 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 Construction Manager or keep and maintain 2021.09.14 EYW CMAR Pre-Construction Contract 11 public records that would be required by the County to perform the service. If the Construction Manager transfers all public records to the County upon completion of the contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the contract, the Construction Manager 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 Construction Manager of the request, and the Construction Manager must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Construction Manager 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 Construction Manager. A Construction Manager 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. The Construction Manager 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 CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Construction Manager and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not 2021.09.14 EYW CMAR Pre-Construction Contract 12 be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) 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. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) 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 Construction Manager agree that neither the County nor the Construction Manager or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Construction Manager agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 2021.09.14 EYW CMAR Pre-Construction Contract 13 v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Construction Manager or any of its employees, agents, Construction Managers or other invitees during the term of this Agreement, (B) the gross negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub- Construction Managers or other invitees, or (C) Construction Manager'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, Construction Managers or invitees(other than Construction Manager). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F.5.725.06. 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 that the completion of the project (to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Construction Manager shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager,the Construction Manager agrees and warrants that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Construction Manager is for the indemnification provided for the above. Also: To the fullest extent permitted by law, the County's contractor/consultant shall indemnify and hold harmless the County and the State of Florida Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the gross negligence, recklessness, or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. 2021.09.14 EYW CMAR Pre-Construction Contract 14 This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement as referenced in RFP Section 1-8.13 Tab 5. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and Construction Managers shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Construction Manager subcontracts any or all of the work in this proj ect to any third party,the Construction Manager specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Construction Manager specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. 7.5 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Construction Manager: Gilberto Neves NV2A Gulf Keystar, A Joint Venture 5450 MacDonald Avenue#3 Key West Florida 33040 2021.09.14 EYW CMAR Pre-Construction Contract 15 For Owner: Director of Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 7.6 Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R. §200.38,the following provisions from 2 C.F.R. part 200 apply to this Agreement: a) Audit of records. Construction Manager shall grant to the County, the Federal Aviation Administration, Florida Department of Transportation, the Federal Government, and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FAA or FDOT, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FAA, FDOT, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Construction Manager, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Construction Manager may appeal any such finding or ruling. If such appeal is unsuccessful, the Construction Manager shall agree that the amounts paid to the Construction Manager shall be adjusted accordingly, and that the Construction Manager shall, within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non-allowable. Construction Manager shall comply with federal and/or state laws authorizing an audit of Construction Manager's operation as a whole, or of specific Project activities. b) Equal Employment Opportunity During the performance of this Agreement,the 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 41C.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: (1) The Construction Manager will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Construction Manager will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to 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 2021.09.14 EYW CMAR Pre-Construction Contract 16 selection for training, including apprenticeship. The Construction Manager 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. (2) The Construction Manager will, in all solicitations or advertisements for employees placed by or on behalf of the Construction Manager, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Construction Manager 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 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 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 Construction Manager's legal duty to furnish information. (4) The Construction Manager will send to each labor union 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 Construction Manager'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. (5) The Construction Manager 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. (6) The Construction Manager will furnish all information and 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. (7) In the event of the Construction Manager's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, 2021.09.14 EYW CMAR Pre-Construction Contract 17 regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Construction Manager 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. (8) The Construction Manager will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Construction Manager will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; 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 administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. c) 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 and Cooperative Agreements," and any implementing regulations issued by the awarding agency. d) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). e) Debarment and Suspension(Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 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 2021.09.14 EYW CMAR Pre-Construction Contract 18 statutory or regulatory authority other than Executive Order 12549. f) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Construction Managers 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. g) Procurement of recovered materials as set forth in 2 CFR § 200.322. Construction Manager must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. h) Americans with Disabilities Act of 1990 (ADA) — The CONSTRUCTION MANAGER will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSTRUCTION MANAGER pursuant thereto. i) E-Verify. The Construction Manager shall utilize the U.S.Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Construction Manager during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the Contract term. j) No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Construction Manager, or any other party pertaining to any matter resulting from the contract. k) Program Fraud and False or Fraudulent Statements or Related Acts. The Construction Manager acknowledges that 31 U.S.C. Chapter 38 (Administrative 2021.09.14 EYW CMAR Pre-Construction Contract 19 Remedies for False Claims and Statements) applies to the Construction Manager's actions pertaining to this contract. 1) Uncontrollable Circumstance - Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services,market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance to ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement m)Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of 2021.09.14 EYW CMAR Pre-Construction Contract 20 Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. n) Domestic preference for procurements as set forth in 2 CFR §200.322. - The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or Contract as provided in Paragraphs 7, 1..18, 1.19 or 1.20 of the RFP or Article 14 of the General Conditions. Av rcnt is entered into as of the day and year first written above and is executed in at � ,a�slea � t oiginal copies of which one (1)is to be delivered to the Construction Manager. k OWNER: `yett �ra Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF g MONROE COU' ` By; ., a� By: As Deputy Clerk Mayor�Micheieile17`otMron ; 12, t a � Witnesses: CONSTRUCT ` 'ANAGER AT RISK BY ,®® ...................... BY � ...... Print name: Print naul Gilberto Neves Date: Title: I au in-!, Partner- NV2A Gulf Kc°.4 star. JV Date;�,ptember 14 2021 Print name: Date: NROE COUNTY ATTORNEY AM FORM AS S1 ISPTAfACOJU MY ATTORNEY Date 9/14/21 2021,09.14 EYW CMAR Pre-Construction Contract 21 ATTACHMENT B WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County may 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. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. RFP—CMAR 67 of 147 ATTACHMENT B GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is: $4,000,000 Combined Single Limit(CSL) 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 will be named as Additional Insured on all policies issued to satisfy the above requirements. RFP—CMAR 68 of 147 ATTACHMENT B BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable is: $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable are: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. RFP—CMAR 69 of 147 ATTACHMENT B PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor will purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability are: $2,000,000 per Occurrence/$4,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. RFP—CMAR 70 of 147 ATTACHMENT B BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor is 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 will include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. Monroe County Board of County Commissioners shall be included as a Named Insured as their interest may appear(ATIMA). The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss Payee. The Contractor shall ensure that the County will be involved with all claim activities to include the settlement of all claims. No claims will be finalized without the prior approval of the County. RFP—CMAR 71 of 147 ATTACHMENT 1 General Conditions of the Contract Table of Articles 1. General Provisions 2. Owner 3. Construction Manager 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Construction Managers 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract RFP—CMAR 91 of 147 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents:The Contract Documents consist of the Agreement between Owner and Construction Manager,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Construction Manager's proposal and supporting documentation.A Modification is (1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the RPR/CA. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written amendment signed by both Owner and Construction Manager. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Construction Manager, (2) between the RPR/CA and Construction Manager, (3) between the Architect and the RPR/CA, (4)between the Owner and a Subcontractor or(5)between any persons or entities other than the Owner and Construction Manager.The Owner shall,however,be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of the RPR/CA and Architect. 1.1.3 The Work:The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Construction Managers and by the Owner's own forces including persons or entities under separate contracts not administered by the County or the RPR/CA. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans,elevations,sections,details,schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual:The Project Manual is the volume usually assembled for the Work which may include the proposal requirements,sample forms, Conditions of the Contract and Specifications. 1.2 Execution,Correlation and Intent 1.2.1 Execution of the Contract by the Construction Manager is a representation that the Construction Manager has visited the site,become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;performance by the Construction Manager shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. AGREEMENT-PRE-CONSTRUCTION SERVICES Page 92 of 70 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Construction Manager in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline,the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings,Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Construction Manager is described. The Construction Manager may retain one contract record set.Neither the Construction Manager nor any subcontractor,material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them,except the Construction Manager's record set,shall be returned or suitably accounted forto the RPR/CA,onrequest,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to the Project.They are not to be used by the Construction Manager or any subcontractor, material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this license shall bear the statutory copyright notice,if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work.Additional copies may be obtained from the RPR/CA at a fee of$5.00 per page for full size drawings(25 per page for written specifications or 11"x 17"drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are(1)specifically defined, (2)the titles of numbered articles and identified references to Paragraphs,Subparagraphs and Clauses in the document or(3)the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County.The term"Owner"means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner AGREEMENT-PRE-CONSTRUCTION SERVICES Page 93 of 70 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments and charges,required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities,except for permits and fees which are the responsibility of the Construction Manager under the Contract Documents. It is the Construction Manager's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents,the Construction Manager will be furnished two (2)original sealed copies and one(1)electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Construction Manager and may contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Construction Managers),Article 9 (Payments and Completion)and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Construction Manager fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner,by written order signed personally or by an agent specifically so empowered by the Owner,may order the Construction Manager to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Construction Manager or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such three-day period give the Construction Manager a second written notice to correct such deficiencies within a three-day period.If the Construction Manager within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Construction Manager the cost of correcting such deficiencies, including compensation for another Construction Manager or subcontractor, the RPR/CA and Architect's and their respective consultants' additional services and expenses made necessary by such default,neglect or failure. If payments then, or thereafter, due the Construction Manager arenot sufficient to cover such amounts, the Construction Manager shall pay the difference to the Owner.In the event of clean-up issues,Owner has right to provide a minimum of twenty-four(24)hours'notice.In the event of safety issues determined to be of a serious nature,as determined by the RPR/CA,notice will be given,and Construction Manager is required to rectify any deficiency immediately. 3.0 CONSTRUCTION MANAGER 3.1 Definition AGREEMENT-PRE-CONSTRUCTION SERVICES Page 94 of 70 3.1.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number.The term"Construction Manager"means the Construction Manager or the Construction Manager's authorized representative. 3.1.2 The plural term"Construction Managers"refers to persons or entities who perform construction under Conditions of the Contract that are administered by the County and/or,the RPR/CA, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Construction Manager 3.2.1 The Construction Manager shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at oncereport to the RPR/CA and Architect errors, inconsistencies or omissions discovered. The Construction Manager shall not be liable to the Owner,the RPR/CA or Architect for damage resulting from errors,inconsistencies or omissions in the Contract Documents unless the Construction Manager recognized such error, inconsistency or omission and knowingly failed to report it to the RPR/CA and Architect.If the Construction Manager performs any construction activity knowing it involves a recognized error,inconsistency or omission in the Contract Documents without such notice to the RPR/CA and Architect, the Construction Manager shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Construction Manager shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Construction Manager with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the RPR/CA and Architect at once. 3.2.3 The Construction Manager shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Construction Manager shall supervise and direct the Work,using the Construction Manager's best skill and attention. The Construction Manager shall be solely responsible for and have control over construction means, methods,techniques,sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the RPR/CA as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Construction Manager shall be responsible to the Owner for acts and omissions of the Construction Manager's employees,subcontractors and their agents and employees,and other persons performing portions of the Work under a contract with the Construction Manager. 3.3.3 The Construction Manager shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the County in its administration of the Contract,or by test, inspections or approvals required or performed by persons other than the Construction Manager. 3.3.4 The Construction Manager shall inspect portions of the Project related to the Construction Manager's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Construction Manager shall verify that the Construction Documents being worked with are the most recent and updated available,including all Addenda information.Also the Construction Manager will perform the work strictly in accordance with this contract. 3.4 Labor and Materials AGREEMENT-PRE-CONSTRUCTION SERVICES Page 95 of 70 3.4.1 Unless otherwise provided in the Contract Documents,the Construction Manager shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Construction Manager shall enforce strict discipline and good order among the Construction Manager's employees and other persons carrying out the Contract.The Construction Manager shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Construction Manager is responsible for the conduct of his employees at all times.Misconduct,destruction of property,unsafe practices,or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project.If any Construction Manager's employee is determined to be detrimental to the Project, as deemed by the Director of Airports,the Construction Manager will remove and/or replace the employee at the request of the Director of Airports. Employees dismissed from the project will be transported from the job site at the Construction Manager's expense. 3.4.4 The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies,tools,machinery,and construction equipment. 3.4.5 The Construction Manager shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination,fabrication and installation of his materials and equipment.The Construction Manager agrees to cooperate with the RPR/CA, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Construction Manager warrants to the Owner, the RPR/CA and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Construction Manager's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Construction Manager, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the RPR/CA, the Construction Manager shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Construction Manager shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Construction Manager which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. 3.7 Permits,Fees and Notices 3.7.1 The Construction Manager shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Workwhich are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Construction Managerwill be responsible for all building permit costs or impact fees required for this project.The Construction Manager shall secure and pay for all building and specialty permits including plumbing,electrical,HVAC,etc. AGREEMENT-PRE-CONSTRUCTION SERVICES Page 96 of 70 3.7.2 The Construction Manager shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,building codes,and rules and regulations.However, if the Construction Manager observes that portions of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the RPR/CA, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the RPR/CA, Architect and Owner,the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 Superintendent 3.8.1 The Construction Manager shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Construction Manager,and communications given to the superintendent shall be as binding as if given to the Construction Manager. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case.The superintendent shall be satisfactory to the County and shall not be changed except withthe consent of the County, unless the superintendent proves to be unsatisfactory to the Construction Manager or ceases to be in his employ. 3.9 Construction Manager's Construction Schedule 3.9.1 The Construction Manager,promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the County's approval a Construction Manager's Construction Schedule for the Work.Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work.This schedule,to be submitted within fourteen(14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the County's approval. 3.9.2 The Construction Manager shall cooperate with the County in scheduling and performing the Construction Manager's Work to avoid conflict, delay in or interference with the Work of other Construction Managers or the construction or operations of the Owner's own forces. 3.9.3 The Construction Manager shall conform to the most recent schedules. 3.9.4 The County will schedule and conduct a project meeting at a minimum of one(1)meeting per week which the Construction Manager shall attend in person. At this meeting, the parties can discuss jointly such matters as progress,scheduling,and problems. 3.10 Documents and Samples at the Site 3.10.1 The Construction Manager shall maintain at the site for the Owner one (1)record copy of the Drawings, Specifications,addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction,and in addition approved Shop Drawings,Product Data, Samples and similar required submittals. These shall be available to the County and Architect and shall be delivered to the County for submittal to the Owner upon completion of the Work. RFP—CMAR-- EOC Page 97 of 147 3.11 Shop Drawings,Product Data and Samples 3.11.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Workby the Construction Manager or a subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. 3.11.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work. 3.11.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.11.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Construction Manager proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the RPR/CA and/or Architect/Engineer is subject to the limitations of Subparagraph 4.6.12. 3.11.5 The Construction Manager shall review, approve and submit to the County, in accordance with the schedule and sequence approved by the County, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Construction Manager shall cooperate with the County in the coordination of the Construction Manager's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Construction Managers. Submittals made by the Construction Manager which are not required by the Contract Documents may be returned without action. 3.11.6 The Construction Manager shall perform no portion of the Work requiring submittal and review of Shop Drawings,Product Data, Samples or similar submittals until the respective submittal has been approved by the County. Such Work shall be in accordance with approved submittals. 3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.11.8 The Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the County approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the County and Architect in writing of such deviation at the time of submittal and the County have given written approval to the specific deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the County's approval thereof. 3.11.9 The Construction Manager shall direct specific attention,in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals,to revisions other than those requested by the County and Architect on previous submittals. 3.11.10 Informational submittals upon which the County are not expected to take responsive action may be so identified in the Contract Documents. 3.11.11 When professional certification of performance criteria of materials,systems or equipment is required by the Contract Documents,the County and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. RFP—CMAR-- EOC Page 98 of 147 3.11.12 If materials specified in the Contract Documents are not available on the present market,the Construction Manager may submit data on substitute materials to the County for approval by the Owner. 3.12 Use of Site 3.12.1 The Construction Manager shall confine operations at the site to areas permitted by law,ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.12.2 The Construction Manager shall coordinate the Construction Manager's operations with, and secure the approval of,the County before using any portion of the site. 3.13 Cutting and Patching 3.13.1 The Construction Manager shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.13.2 The Construction Manager shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Construction Managers by cutting,patching, excavating or otherwise altering such construction. The Construction Manager shall not cut or otherwise alter such construction by other Construction Managers or by the Owner's own forces except with written consent of the County, Owner and such other Construction Managers: such consent shall not be unreasonably withheld. The Construction Manager shall not unreasonably withhold from the other Construction Managers or the Owner the Construction Manager's consent to cutting or otherwise altering the Work.When structural members are involved,the written consent of the County shall also be required. The Construction Manager shall not unreasonably withhold from the County or any separate Construction Manager his/her consent to cutting or otherwise altering the Work. 3.13.3 The Construction Manager shall arrange for any block outs, cutouts, or openings required for the installation of his/her materials and equipment and the execution of his/her work,whether or not shown or indicated on the Drawings. The Construction Manager shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block- out, cutout opening, or other hole in any fire-related floor, ceiling,wall, security wall, or any other finished surface. 3.14 Cleaning Up 3.14.1 The Construction Manager shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Construction Manager shall remove from and about the project waste materials rubbish,the Construction Manager's tools, construction equipment, machinery, and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 3.14.2 If the Construction Manager fails to clean up as provided in the Contract Documents, The County may do so and the cost thereof shall be charged to the Construction Manager. 3.15 Access to Work 3.15.1 The Construction Manager shall provide the Owner, CA/RPR, and Architect access to the Work in preparation and progress wherever located. 3.16 Royalties and Patents 3.16.1 The Construction Manager shall pay all royalties and license fees.The Construction Manager shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss RFP—CMAR-- EOC Page 99 of 147 on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents.However, if the Construction Manager has reason to believe that the required design, process or product is an infringement of a patent, the Construction Manager shall be responsible for such loss unless such information is promptly furnished to the Architect and the County. 3.17 Indemnification and Hold Harmless 3.17.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified parry by reason of,or in connection with,(A)any activity of Construction Manager or any of its employees,agents,Construction Managers or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub-Construction Managers or other invitees,or(C)Construction Manager'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, Construction Managers or invitees (other than Construction Manager). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F.S.725.06.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 that the completion of the project(to include the work of others)is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance,the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager,the Construction Manager agrees and warrants that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County'sbehalf. The first ten dollars($10.00)of remuneration paid to the Construction Manager is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Architect"means the Architect or the Architect's authorized representative. 4.2 RPR/CA 4.2.1 Jacobs Project Management Co. is the person or entity identified as RPR/CA in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "RPR/CA" means Monroe County's authorized representative. 4.3 Duties,responsibilities and limitations of authority of the RPR/CA and Architect as set forth in the Contract RFP—CMAR-- EOC Page 100 of 147 Documents shall not be restricted, modified or extended without written consent of the Owner, the RPR/CA,Architect and Construction Manager.Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 The RPR/CA and Architect/Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2.The RPR/CA and Architect/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 The RPR/CA and Architect/Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work,and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 The RPR/CA will provide for coordination of the activities of other Construction Managers and of the Owner's own forces with the Work of the Construction Manager, who shall cooperate with them. The Construction Manager shall participate with other Construction Managers and the RPR/CA and Owner in reviewing their construction schedules when directed to do so.The Construction Manager shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Construction Manager, other Construction Managers,the RPR/CA and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 The RPR/CA and/or Architect/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the RPR/CA and/or Architect/Engineer will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect/engineer,the RPR/CA will keep the Owner informed of progress of the Work,and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 The RPR/CA will not have control over or charge of and will not be responsible for construction means, method,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Construction Manager's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Construction Manager's failure to carry out the Work in accordance with the Contract Documents.Neither the RPR/CA nor the Architect will have control over,or charge of, or be responsible for acts or omissions of the Construction Manager, subcontractors, or their agents or employees,or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Construction Manager shall communicate through the RPR/CA, and shall contemporaneously provide the same communications to the Architect/Engineer.Communications by and with the Architect's consultants shall be through the Architect. Communications by and with subcontractors and material suppliers shall be through the Construction Manager. Communications by and with other Construction Managers shall be through the RPR/CA and shall be contemporaneously provided to the Architect. RFP—CMAR-- EOC Page 101 of 147 4.6.8 The RPR/CA will review and certify all Applications for Payment by the Construction Manager,including final payment.The RPR/CA will assemble each of the Construction Manager's Applications for Payment with similar Applications from other Construction Managers into a Project Application for Payment.After reviewing and certifying the amounts due the Construction Managers,the Project Application for Payment, along with the applicable Construction Managers' Applications for Payment, will be processed by the RPR/CA. 4.6.9 Based on the RPR/CA observations and evaluations of Construction Managers'Applications for Payment, the RPR/CA will certify the amounts due the Construction Managers and will issue a Project Approval for Payment. 4.6.10 The RPR/CA and/or the Architect/Engineer will have authority to reject Work which does not conform to the Contract Documents,and to require additional inspection or testing,in accordance with Subparagraphs 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed,but will take such action only after notifying the RPR/CA. Subject to review,the RPR/CA will have the authority to reject Work which does not conform to the Contract Documents. Whenever the RPR/CA considers it necessary or advisable for implementation of the intent of the Contract Documents,the RPR/CA will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.The foregoing authority of the RPR/CA will be subject to the provisions of Subparagraphs 4.617 through 4.619 inclusive, with respect to interpretations and decisions of the Architect/Engineer. However,neither the Architect's/Engineer's nor the RPR/CA authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer or the RPR/CA to the Construction Manager, subcontractors,material and equipment suppliers,their agents or employees,or other persons performing any of the Work. 4.6.11 The Architect/Engineer will receive from the Construction Manager and review and approve all Shop Drawings,Product Data and Samples,coordinate them with information received from other Construction Managers,and review those recommended for approval.The Architect/Engineer actions will be taken with such reasonable promptness as to cause no delay in the Work of the Construction Manager or in the activities of other Construction Managers or the Owner. 4.6.12 The Architect/Engineer will review and approve or take other appropriate action upon the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed inthe Contract Documents. The Architect/Engineer action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Construction Manager or in the activities of the other Construction Managers,the Owner,or the RPR/CA,while allowing sufficient time to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Construction Manager as Construction Manager as required by the Contract Documents. The Architect/Engineer review of the Construction Manager's submittals shall not relieve the Construction Manager of the obligations under Paragraphs 3.3,3.5 and 3.12. The Architect/Engineer review shall not constitute approval of safety precautions or,unless otherwise specifically stated by Architect/Engineer,of any construction means,methods,techniques,sequences or procedures.The Architect/Engineer approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The RPR/CA will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner,the RPR/CA will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.3. RFP—CMAR-- EOC Page 102 of 147 4.6.15 The Construction Manager will assist the RPR/CA and/or the Architect/Engineer in conducting inspections to determine the dates of Substantial completion and final completion,and will receive and forward to the RPR/CA written warranties and related documents required by the Contract and assembled by the Construction Manager.The RPR/CA will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 The RPR/CA and/or the Architect/Engineer will provide one(1)or more project representatives to assist in carrying out his/her responsibilities at the site. The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.17 The RPR/CA will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Construction Manager.The RPR/CA response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the RPR/CA shall be furnished in compliance with this Paragraph 4.6.17, then delay shall not be recognized on account of failure by the RPR/CA to furnish such interpretations until fifteen(15)days after written request is made for them. 4.6.18 Interpretations and decisions of the RPR/CA and the Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the RPR/CA and Architect/Engineer will endeavor to secure faithful performance by both Owner and Construction Manager,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.19 The RPR/CA decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition.A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Construction Manager arising out of or relating to the Contract. Claims must be made by written notice.The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer.The Construction Manager and the Owner shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen(15)days of the dispute or claim.Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit,Monroe County,Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21)days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Construction Manager seeks to make a claim for an increase in the contract price,as a condition precedent to any liability of the Owner therefore,unless emergency conditions exist, the Construction Manager shall strictly comply with the requirements of this Section and such claim shall be made by the Construction Manager before proceeding to execute any work RFP—CMAR-- EOC Page 103 of 147 for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Construction Manager of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 1. liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; 2. failure of the Work to comply with the requirements of the Contract Documents;or 3. terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site whichare (1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. The RPR/CA and the Architect/Engineer will promptly investigate such conditions,and the parties will follow the procedure in paragraph 4.7.2. 4.7.6.1 As a condition precedent to the Owner having any liability to the Construction Manager due to concealed and unknown conditions,the Construction Manager must give the Owner and Owner Engineer written notice of,and an opportunity to observe,such condition prior to disturbing it.The failure by the Construction Manager to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Construction Manager of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Construction Manager wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Construction Manager believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the RPR/CA and/or Architect/Engineer,(2)awritten order for a minor change in the Work issued by the RPR/CA, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner,(5)Owner's suspension or(6)other reasonable grounds,a Claim shall be filed in accordance with the procedure established herein.In a claim by the Construction Manager against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Construction Manager shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Construction Manager or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Construction Manager wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated,and that weather conditions had an adverse effect on the scheduled RFP—CMAR-- EOC Page 104 of 147 construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,of any of the other parry's employees or agents,or of others for whose acts such party is legally liable,written notice of such injury or damage, whether or not insured,shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter.If a Claim for additional cost or time related to this Claim is to be asserted,it shall be filed as provided in Subparagraphs 4.7.7 or4.7.8. 5.0 SUBCONTRACTORS AND SUB-SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Construction Manager to perform a portion of the Work at the site. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Construction Manager, as soon as practicable after award of the Contract, shall furnish in writing to the RPR/CA for review by the Owner and the RPR/CA the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.The RPR/CA will promptly reply to the Construction Manager in writing stating whether or not the Owner or the RPR/CA, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the RPR/CA to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Construction Manager shall not contract with a proposed person or entity to which the Owner or the RPR/CA has made reasonable and timely objection. The Construction Manager shall not be required to contract with anyone to whom the Owner or the RPR/CA has made reasonable objection. 5.2.3 If the Owner or the RPR/CA refuses to accept any person or entity on a list submitted by the Construction Manager in response to the requirements of the Contract Documents, the Construction Manager shall submit an acceptable substitute.However,no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Construction Manager shall not change a subcontractorpreviously selected if the Owneror the RPR/CA makes reasonable objection to such change. 5.3 Subcontractual Relations 5.31 By appropriate written agreement,the Construction Manager shall require each subcontractor,to the extent of the Work to be performed by the subcontractor,to be bound to the Construction Manager by terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager,by these Documents,assumes toward the Owner or the RPR/CA.Each subcontract agreement shall preserve and protect the rights of the Owner or the RPR/CA under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Construction Manager to the RFP—CMAR-- EOC Page 105 of 147 Owner provided that: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety,if any,obligated under public construction bond covering the Contract. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONSTRUCTION MANAGERS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces,which include persons or entities under separate contracts not administered by the RPR/CA.The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the RPR/CA,the Owner shall provide for coordination of such forces with the Work of the Construction Manager who shall cooperate with them. 6.1.3 It shall be the responsibility of the Construction Manager to coordinate his/her work with the work of other Construction Managers on the site. The Owner and the RPR/CA shall be held harmless for any and all costs and time increases associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Construction Manager shall afford the Owner's own forces, the RPR/CA and other Construction Managers reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Construction Manager's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Construction Manager's Work depends for proper execution or results uponconstruction or operations by the Owner's own forces or other Construction Managers,the Construction Manager shall, prior to proceeding with that portion of the Work, promptly report to the RPR/CA any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Construction Manager so to report shall constitute an acknowledgment that the Owner's own forces or other Construction Managers' completed or partially completed construction is fit and proper to receive the Construction Manager's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Construction Manager. The Construction Manager's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Construction Manager shall promptly remedy damage wrongfully caused by the Construction Manager to completed or partially completed construction or to property of the Owner or other Construction Managers as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Construction Manager and other Construction Managers shall be subject to the provisions of Paragraph 4.7 provided the other Construction Managers have reciprocal obligations. RFP—CMAR-- EOC Page 106 of 147 6.2.6 The Owner and other Construction Managers shall have the same responsibilities for cutting and patching as are described for the Construction Manager in Paragraph 3.14. 6.2.7 Should the Construction Manager contend that he/she is entitled to an extension of time for completion of any portion or portions of the work,he/she shall,within seventy-two (72)hours of the occurrence of the cause of the delay,notify the RPR/CA in writing,of his/her contention:setting forth(A)the cause for the delay, (B) a description of the portion or portions of work affected thereby, and(C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Construction Manager to the RPR/CA within seventy-two (72)hours after the delay has ceased to exist. 1. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and,if the Construction Manager fails to comply,he/she shall be deemed to have waived the claim. 2. The Construction Manager agrees that whether or not any delay,regardless of cause,shall be the basis for an extension of time he/she shall have no claim against the Owner or the RPR/CA for an increase in the Contract price,nor a claim against the Owner or the RPR/CA for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Construction Manager have any claim for damage, loss or expense resulting from interruptions to,or suspension of,his/her work to enable other Construction Managers to perform their work. The only remedy available to the Construction Manager shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Construction Manager,other Construction Managers and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15,the Owner may clean up and allocate the cost among those responsible as the RPR/CA determines to be just. 7.0 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner,the RPR/CA,the Architect/Engineer, and Construction Manager. A Construction Change Directive require agreement by the Owner, the RPR/CA and may or may not be agreed to by the Construction Manager.An order for a minor change in the Work may be issued by the RPR/CA alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Construction Manager shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Construction Manager,the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by the RPR/CA and signed by the Owner,the RPR/CA, RFP—CMAR-- EOC Page 107 of 147 the Architect/Engineer,and Construction Manager stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum,if any;and .3 the extent of the adjustment in the Contract Time,if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: 1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and amutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Construction Manager, provided a written order signed by the Owner or the RPR/CA is received,shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and the RPR/CA. The daily force account forms shall identify Construction Manager and/or Subcontractor personnel by name,total hours for each man,each piece of equipment and total hours for equipment and all material(s)by type for each extra Work activity claim. Each daily force account form shall be signed by the designated RPR/CA no later than the close of business on the day the Work is performed to verify the items and hours listed.Extended pricing of these forms shall be submitted to the RPR/CA with all supporting documentation required by the RPR/CA for inclusion into a change order.Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials,including sales tax and cost of delivery; cost of labor,including social security,old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by the RPR/CA. The amount of credit to be allowed by the Construction Manager for any deletion or change,which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by the RPR/CA.When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase,if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance.No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above,bond or bonds,superintendent,timekeeper,clerks,watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work(other than those covered by unit prices set forth in the Contract Documents)shall be computed as follows: .1 If the Construction Manager performs the actual Work,the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent(5%); RFP—CMAR-- EOC Page 108 of 147 .2 If the Subcontractor performs the actual Work, the Subcontractor Manager's percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%). If the Construction Manager does not perform the Work,the maximum mark-up for managing the Work will be five percent(5%); .3 If the Subcontractor performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%)on his/her direct Work only.If the Construction Manager performs part of the actual Work,his/her percentage mark- up for overhead and profit shall be a maximum addition of ten percent(10%)on his direct Work only. 7.2.5 The Construction Manager shall furnish to the Owner through the RPR/CA,an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.Any additional supporting documentation requested by the RPR/CA such as certified quotations or invoices shall be provided by the Construction Manager to the RPR/CA at no additional cost to the Owner. 7.2.6 If the Construction Manager claims that any instructions given to him/her by the RPR/CA,by drawings or otherwise,involve extra Work not covered by the Contract,he/she shall give the RPR/CA written notice thereof within five(5)days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property,in which case the Construction Manager shall proceed in accordance with Paragraph 10.3. 1 The written notice to the RPR/CA for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed.Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Construction Manager. 7.2.7 Unless otherwise agreed in writing, the Construction Manager shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Construction Manager in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Construction Manager shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 One or more changes to the Work within the general scope of this Contract,may be ordered by Change Order. The Owner may also issue written directions for changes in the Work and may issue Construction Change Directives, as set forth below. The Construction Manager shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution of a Change Order by the Construction Manager shall constitute conclusive evidence of the Construction Manager's agreement to the ordered changes in the work,this Contract as thus amended,the Contract Price and the time for performance by the Construction Manager.The Construction Manager,by executing the Change Order,waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Construction Manager knew or should have known. 7.3 Authority 7.3.1 The RPR/CA will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the RPR/CA and shall be RFP—CMAR-- EOC Page 109 of 147 binding on the Owner and Construction Manager.The Construction Manager shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed per this Agreement.The date shall not be postponed by the failure to act of the Construction Manager or of persons or entities for which the Construction Manager is responsible. 8.1.3 The date of Substantial Completion is the date certified by the RPR/CA in accordance with Paragraph 9.7. 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Construction Manager. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Construction Manager confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Construction Manager shall not knowingly, except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article i i to be furnished by the Construction Manager. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Construction Manager shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Construction Manager is delayed, at any time,in the progress of the Work by any act orneglect of the Owner, the RPR/CA, or the Architect/Engineer, or by any employee of either, or by any separate Construction Manager employed by the Owner, or by changes ordered in the Work, or by fire,unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Construction Manager's control, or by delay authorized by the Owner, the RPR/CA,or by any other cause which the RPR/CA determines may justify the delay,then the Contract Time shall be extended by no cost Change Order for such reasonable time as the RPR/CA may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to the RPR/CA not more than Seventy- two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Construction Manager shall report the termination of the cause for the delay within seventy-two(72)hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions RFP—CMAR-- EOC Page 110 of 147 of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Construction Manager's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his/her refusal or failure to carry the Work forward expeditiously with adequate forces,the Construction Manager causing the delay shall be liable for,but not limited to,delay claims from other Construction Managers which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments, is the total amount payable by the Owner to the Construction Manager for performance of the Work under the Contract Documents. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Construction Manager shall submit to the RPR/CA, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen(15)days before the date established for each progress payment,the Construction Manager shall submit to the RPR/CA an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Construction Manager's right to payment as the Owner or the RPR/CA may require, such as copies of requisitions from subcontractors and material suppliers,and reflecting retainage if provided for elsewhere in the Contract Documents. 1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Construction Manager does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Construction Manager with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s)for said materials,less retainage per Sec. 00500, 5.6.1-5.8 and F.S.218.735(8)(a). 9.3.3 The Construction Manager warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Construction Manager further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously RFP—CMAR-- EOC Page 111 of 147 issued and payments received from the Owner shall,to the best of the Construction Manager's knowledge, information and belief,be free and clear of liens,claims security interests or encumbrances in favor of the Construction Manager, subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All subcontractors shall execute an agreement stating that title will so pass,upon their receipt of payment from the Construction Manager. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractors,laborer or materialmen.Such persons must seek payment from the Construction Manager or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The RPR/CA will assemble a Project Application for Payment by combining the Construction Manager's applications with similar applications for progress payments from other Construction Managers and certify the amounts due on such applications. 9.4.2 After the RPR/CA's receipt of the Project Application for Payment,the RPR/CA will either approve the Application for Payment, with a copy to the Construction Manager, for such amount as the RPR/CA determine is properly due, or notify the Construction Manager in writing of the RPR/CA's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by the RPR/CA to the Owner,based on their individual observations at the site and the datacomprising the Application for Payment submitted by the Construction Manager,that the Work has progressed to the point indicated and that,to the best of the RPR/CA's knowledge,information and belief,quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections,to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the RPR/CA. The issuance of a separate Approval for Payment will further constitute a representation that the Construction Manager is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that the RPR/CA has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)reviewed the Construction Manager's construction means, methods,techniques, sequences or procedures, (3)reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 The RPR/CA may decline to approve an Application for Payment if,in his opinion,the application is not adequately supported. If the Construction Manager and the RPR/CA cannot agree on a revised amount,the RPR/CA shall process the Application for the amount it deems appropriate.The RPR/CA may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1)defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3)failure of the Construction Manager to make payments properly to subcontractors or for labor,materials,or equipment; (4)reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;(5)damage to the RPR/CA, the Owner,or another Construction Manager working at the project;(6)reasonable evidence that the Work will not be completed within the contract time; (7)persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Construction Manager until certificates of insurance or other evidence of compliance by the Construction Manager,with all the requirements of Article 11,have been filed with the Owner and the RPR/CA. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts RFP—CMAR-- EOC Page 112 of 147 previously withheld. 9.6 Progress Payments 9.6.1 After the RPR/CA has issued an Approval for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify the RPR/CA.From the total of the amount determined to be payable on a progress payment,a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. 1. It is understood and agreed that the Construction Manager shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the RPR/CA to be a part of the final quantity for the item of Work in question. 2. No progress payment shall bind the Owner to the acceptance of any materials or Work in place,as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Construction Manager shall promptly pay each subcontractor, upon receipt of payment from the Owner,out of the amount paid to the Construction Manager on account of such subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Construction Manager on account of such subcontractor's portion of the Work. The Construction Manager shall,by appropriate agreement with each subcontractor,require each subcontractor to make payments to sub-subcontractors in similar manner. 9.6.3 The RPR/CA will,on request,furnish to a subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Construction Manager and action taken thereon by the Owner and the RPR/CA on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor the RPR/CA shall have an obligation to pay,or to see to,the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner,and by this provision shall not be construed as relieving the Construction Manager from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material,or as a waiver of the right of the Owner or the RPR/CA to require the fulfillment of all the terms of the Contract. Except in case of bona fide disputes,or where the Construction Manager has some other justifiable reason for delay,the Construction Manager shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials,tools, and other expendable equipment which are delivered at the site of the Project. The Construction Manager shall pay to each of his Subcontractors,not later than the end of the calendar month in which each payment is made to the Construction Manager, the representative amount allowed the Construction Manager on account of the Work performed by the Subcontractor. The Construction Manager shall,by an appropriate RFP—CMAR-- EOC Page 113 of 147 agreement with each Subcontractor,also require each Subcontractor to make payments to his/her suppliers and Sub-subcontractors in a similar manner. 9.7 Substantial Completion 9.7.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.7.2 When the Construction Manager considers that the Work,or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a comprehensive list of items to be completed or corrected. The Construction Manager shall proceed promptly to complete and correct items on the list.Failure to include an item on such list does not alter the responsibility of the Construction Manager to complete all Work in accordance with the Contract Documents.Upon receipt of the list,the RPR/CA will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list,which is not in accordance with the requirements of the Contract Documents,the Construction Manager shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the RPR/CA. The Construction Manager shall then submit a request for another inspection by the RPR/CA,to determine Substantial Completion.When the Work or designated portion thereof is substantially complete,the RPR/CA will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Construction Manager for security, maintenance,heat, utilities,damage to the Work and insurance,and shall fix the time within which the Construction Manager shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. 9.7.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Construction Manager and certification by the RPR/CA, the Owner shall make payment, reflecting adjustment in retainage,if any,for such Work or portion thereof as provided in the Contract Documents. 9.8 Partial Occupancy or Use The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Construction Manager,provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Construction Manager have accepted in writing the responsibilities assigned to each of them for payments,retainage if any, security,maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Construction Manager considers a portion substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Construction Manager to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Construction Manager or, if no agreement is reached,by decision of the RPR/CA. 9.8.1 Immediately prior to such partial occupancy or use,the Owner,the RPR/CA and Construction Manager shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.8.2 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. RFP—CMAR-- EOC Page 114 of 147 9.9 Final Completion and Final Payment 9.9.1 Upon completion of the Work,the Construction Manager shall forward to the RPR/CA a written Notice that the Work is ready for final inspection and acceptance and shall also forward to the RPR/CA a final Construction Manager's Application for Payment. Upon receipt, the RPR/CA will promptly make such inspection.When the RPR/CA,finds the Work acceptable under the Contract Documents and the Contract fully performed,the RPR/CA will promptly issue a final Approval for Payment stating that to the best of their knowledge,information and belief,and on the basis of their observations and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Construction Manager and noted in said final Approval is due and payable. The RPR/CA's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Construction Manager's being entitled to final payment have been fulfilled. 9.9.2 Neither final payment nor any remaining retained percentage shall become due until the Construction Manager submits to the RPR/CA(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made,is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner, (3) a written statement that the Construction Manager knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens, claims,security interests or encumbrances arising out of the Contract. The following documents(samples included in Section 01027,Application for Payment)are required for Final Payment: (1)Application and Certificate for Payment. (2)Continuation Sheet. (3)Certificate of Substantial Completion. (4)Construction Manager's Affidavit of Debts and Claims. (5)Construction Manager's Affidavit of Release of Liens. (6)Final Release of Lien. (7) Construction Manager shall provide two(2)hard copies in tabulated divided binders and one (1)saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form(i.e. flash drive)of all the following but not limited to: A. Project Record Documents(As Built Documents). B. Operating and maintenance data,instructions to the Owner's personnel. C. Warranties,bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release(includes final release from all utilities and utility companies). 9.9.3 Acceptance of final payment by the Construction Manager, a Subcontractor or material supplier shall RFP—CMAR-- EOC Page 115 of 147 constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.10 Payment of Subcontractors 9.10.1 Any requirement of this Article 9 that the Construction Manager furnish proof to the Owner or the RPR/CA that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Construction Manager and the surety that provided the Construction Manager's Public Construction Bond.The Construction Manager must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Construction Manager shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.The Construction Manager shall submit the Construction Manager's safety program to the RPR/CA for review, approval and coordination with the safety programs of other Construction Managers. 10.1.2 In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl(PCB)which has not been rendered harmless,the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing.The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Construction Manager if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl(PCB),or when it has been rendered harmless,by written agreement of the Owner and Construction Manager. 10.1.3 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl(PCB). 10.1.4 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Construction Manager, the Construction Manager shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager and the RPR/CA shall then proceed in the same manner described in Subparagraph 10.1.2. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Construction Manager and,in the event such material or substance is found to be present,to verify that it has been rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Construction Manager and the RPR/CA the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Construction Manager and the RPR/CA will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner.If the Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Construction Manager shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: RFP—CMAR-- EOC Page 116 of 147 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Construction Manager or the Construction Manager's Subcontractors or Sub-subcontractors; 3. other property at the site or adjacent thereto,such as trees,shrubs,lawns, walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction;and 4. construction or operations by the Owner or other Construction Managers. 10.2.2 The Construction Manager shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. 10.2.3 The Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Construction Manager shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3,and 10.2.1.4 caused in whole or in part by the Construction Manager,a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Construction Manager is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4,except damage or loss attributable to acts or omissions of the Owner,the RPR/CA or Architect/Engineer or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,and not attributable to the fault or negligence of the Construction Manager. The foregoing obligations of the Construction Manager are in addition to the Construction Manager's obligations under Paragraph 3.18. 10.2.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 10.2.7 The Construction Manager shall not load or permit any part of the construction or site to be loadedso as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Construction Manager shall act, at the Construction Manager's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. RFP—CMAR-- EOC Page 117 of 147 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract(including the pre-staging of personnel and material),the Construction Manager shall obtain,at its own expense,insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Construction Manager will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Construction Manager. As an alternative,the Construction Manager may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Construction Manager will not be permitted to commence Work governed by the Agreement (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 Construction Manager to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.3 The Construction Manager 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 required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Construction Manager to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time,except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.4 The Construction Manager shall provide,to the County in care of the RPR/CA as satisfactory evidence of the required insurance,either: Certificate of Insurance or a certified copy of the actual insurance policy. 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation,nonrenewal,material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given tothe County by the insurer. 11.1.7 The acceptance and/or approval of the Construction Manager's insurance shall not be construed as relieving the Construction Manager from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies,except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance:See Section 00130,Insurance Requirements and Forms,for the minimum requirements. 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of RFP—CMAR-- EOC Page 118 of 147 Florida. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the RPR/CA's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the RPR/CA, be uncovered for their observation and be replaced at the Construction Manager's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the RPR/CA has not specifically requested to observe prior to its being covered,the RPR/CA may request to see such Work and it shall be uncovered by the Construction Manager,if such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Construction Manager shall pay such costs unless the condition was caused by the Owner or one of the other Construction Managers in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Construction Manager shall promptly correct Work rejected by the RPR/CA and/or Architect/Engineer or failing to conform to the requirements of the Contract Documents,whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager shall bear costs of correcting such rejected Work,including additional testing and inspections and compensation for the RPR/CA's services and expenses made necessary thereby. 12.2.2 If,within one(1)year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Construction Manager shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Construction Manager a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Construction Manager shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Construction Manager nor accepted by the Owner. 12.2.4 If the Construction Manager fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Construction Manager does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the RPR/CA,the Owner may remove it and store the salvageable materials or equipment at the Construction Manager's expense. If the Construction Manager does not pay costs of such removal and storage within ten(10)days after written notice,the Owner may upon ten(10)additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Construction Manager, including compensation for the RPR/CA's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Construction Manager should have borne,the Contract Sum shall be reduced by the deficiency.If payments then or thereafter due the Construction Manager are not sufficient to cover such amount,the Construction Manager shall pay the difference to the Owner. 12.2.5 The Construction Manager shall bear the cost of correcting destroyed or damaged construction,whether RFP—CMAR-- EOC Page 119 of 147 completed or partially completed, of the Owner or other Construction Managers caused by the Construction Manager's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Construction Manager might have under the Contract Documents. Establishment of the time period of one (1)year as described in Subparagraph 12.2.2,relates only to the specific obligation of the Construction Manager to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Construction Manager's liability with respect to the Construction Manager's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.31 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida.Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner and the Construction Manager each binds himself/herself,his/her partners,successors,assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents.Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Construction Manager shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or the RPR/CA. 13.3 Not used. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations,rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner,the RPR/CA,Architect or Construction Manager shall constitute a waiver of a right or duty afforded them under the contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.Unless otherwise provided,the Construction Manager shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals. RFP—CMAR-- EOC Page 120 of 147 The Construction Manager shall give the RPR/CA timely notice of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the RPR/CA,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Subparagraph 13.5.1,the RPR/CA will,upon written authorization from the Owner,instruct the Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Construction Manager shall give timely notice to the RPR/CA of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing,inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Construction Manager shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the RPR/CA's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents,be secured by the Construction Manager and promptly delivered to the RPR/CA. 13.5.5 If the RPR/CA is to observe tests, inspections or approvals required by the Contract Documents, the RPR/CA will do so promptly and,where practicable,at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)(C),Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT Either party may terminate the Contract as provided for in the RFP. 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Construction Manager: 1. persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Construction Manager and the Subcontractors; 3. persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or 4. Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with the RPR/CA, and upon certification by the RPR/CA that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Construction Manager and the Construction Manager's surety,if any,seventy-two(72)hours written notice,terminate employment of the Construction Manager and may,subject to any prior rights of the surety: RFP—CMAR-- EOC Page 121 of 147 1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Construction Manager; .2 accept assignment of subcontracts pursuant to Paragraph 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1.the Construction Manager shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may,without cause,order the Construction Manager in writing to terminate,suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination,the Owner shall pay for work completed to date of Termination. 14.3 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101,which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States,unless the Federal Aviation Administration has issued a waiver for the product;the product is listed as an Excepted Article,Material Or Supply in Federal Acquisition Regulation subpart 25.108;or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer.The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY As a matter of bid responsiveness,the bidder or offeror must complete,sign,date,and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(i.e.not both)by inserting a checkmark(✓)or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States;or b) Installing manufactured products for which the Federal Aviation Administration(FAA)has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing;or c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: • To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. • To faithfully comply with providing U.S.domestic products. RFP—CMAR-- EOC Page 122 of 147 • To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: a) To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S.domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. d) To furnish U.S.domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver—The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the"facility".The required documentation for a Type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100 percent U.S.domestic content(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non- domestic products in their entirety). b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total"facility"component and subcomponent costs,excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver—Total cost of project using U.S.domestic source product exceeds the total project cost using non- domestic product by 25 percent.The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S.domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code. Date Signature Company Name Title RFP—CMAR-- EOC Page 123 of 147 Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓)or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; b) Installing manufactured products for which the Federal Aviation Administration(FAA)has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing;or c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing U.S.domestic product. 3. To furnish U.S.domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening,a formal waiver request and required documentation that supports the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing U.S.domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver—The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the "item". The required documentation for a Type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total"item" component and subcomponent costs,excluding labor costs associated with final assembly at place of manufacture. RFP—CMAR-- EOC Page 124 of 147 Type 4 Waiver—Total cost of project using U.S. domestic source product exceeds the total project cost using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S.domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC §47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title 14.4 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 14.4.1 Title VI Solicitation Notice: The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4)and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises]will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the RFP—CMAR-- EOC Page 125 of 147 contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 14.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); RFP—CMAR-- EOC Page 126 of 147 • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 — 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 14.6 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 14.6.1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 14.6.2 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1)of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for 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 (1)of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this clause. 14.6.3 Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA)or the Owner 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 moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this clause. 14.6.4 Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any RFP—CMAR-- EOC Page 127 of 147 subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this clause. 14.7 COPELAND "ANTI-KICKBACK"ACT Contractor must comply with the requirements of the Copeland "Anti-Kickback"Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 14.8 DAVIS-BACON REQUIREMENTS 14.8.1. Minimum Wages. (i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent 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 such laborers or mechanics, subject to the provisions of paragraph (1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or 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 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii)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. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; (2)The classification is utilized in the area by the construction industry; and RFP—CMAR-- EOC Page 128 of 147 (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) 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, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(ii) (B)or (C)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 14.8.2. Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration 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. RFP—CMAR-- EOC Page 129 of 147 14.8.3. Payrolls and Basic Records. (i) 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 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B)of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the Contractor shall maintain records that 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 that 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. (ii)(A)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) 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: (1)The payroll for the payroll period contains the information required to be provided under 29 CFR§ 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) 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 RFP—CMAR-- EOC Page 130 of 147 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; (3) 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. (C)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 (3)(ii)(B)of this section. (D)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. (iii)The Contractor or subcontractor shall make the records required under paragraph (3)(i)of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 14.8.4. Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the 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 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 applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the RFP—CMAR-- EOC Page 131 of 147 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. (ii)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 than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved 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 on 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 that 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. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 14.8.5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 14.8.6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)through (10)and such other clauses as the Federal Aviation Administration 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 Part 5.5. 14.8.7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 14.8.8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. RFP—CMAR-- EOC Page 132 of 147 14.8.9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors)and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 14.8.10. Certification of Eligibility. (i) 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). (ii) 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). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 14.9 CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 14.10 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 14.11 TEXTING WHEN 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 Federal Aviation Administration 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 subgrant. 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 that involve driving a motor vehicle in performance of work activities associated with the project. 14.11 ENERGY CONSERVATION REQUIREMENTS RFP—CMAR-- EOC Page 133 of 147 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620 let seq). 14.12 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the 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, the Contractor agrees as follows: (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, 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 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 considerations for employment without regard to race, color, religion, sex, or national origin. (3) 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 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 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. (4)The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives 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. (5)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. (6)The Contractor will furnish all information and reports required by Executive Order 11246 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 contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) 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 RFP—CMAR-- EOC Page 134 of 147 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 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. (8)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency 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 administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 14.13 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 14.13.1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to 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); (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 maintaining identifiable tribal affiliations through membership and participation or community identification). 14.13.2. 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 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. 14.13.3. If the Contractor is participating (pursuant to 41 CFR part 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 shall 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 RFP—CMAR-- EOC Page 135 of 147 individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 14.13.4. The Contractor shall implement the specific affirmative action standards provided in sub- paragraphs 14.13.7a through 14.13.7.p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area 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 be obtained from any Office of 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. 14.13.5. 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, or the regulations promulgated pursuant thereto. 14.13.6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 14.13.7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. 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 all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' 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, or 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. RFP—CMAR-- EOC Page 136 of 147 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 female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include 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 compiled 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 boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and 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 workforce. 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 discriminatory effect by continually monitoring all personnel and RFP—CMAR-- EOC Page 137 of 147 employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be 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 supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 14.13.8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (14.13.7.a through 14.13.7.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 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce 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. 14.13.9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 14.13.10. 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. 14.13.11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 14.13.12. 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 Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 14.13.13. 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 part 60-4.8. RFP—CMAR-- EOC Page 138 of 147 14.13.14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 14.13.15. 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). 14.14 CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, 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 Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or 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 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, 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 agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 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. 14.16 PROHIBITION OF SEGREGATED FACILITIES (a)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. RFP—CMAR-- EOC Page 139 of 147 (b)"Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, 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 that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. 14.16 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 products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: 3� The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or 4� The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products. Section 6002©establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: 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) Is only available at an unreasonable price. 14.17 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— 4) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 5) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 6) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. RFP—CMAR-- EOC Page 140 of 147 The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 4) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 5) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 6) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 14.19 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632)owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. RFP—CMAR-- EOC Page 141 of 147 fi EQUIPED COUNT'F P S&LICENSES i i LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE NV2A Gulf Keystar, a Joint Venture, LLC (Company) warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.020-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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". 3 (Signat Date: 6/3 /2021 STATE OFFlorida W ) SS: COUNTY OFMiami-Dade) Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or$) online notarization,on 6/30/2021 (date)by Gilberto Neves (name of affiant). He/She is personall known to me or has produced 6 (type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June 2021. EM W .NOTAR 'I;ATE*oF-Flonda PO --- ,ta:aMy Commission Expires:May 2 ,2023�ffi ' Commission No.GG339170 RFP--CMAR 50 of 147 CHAR 5Ef1VCGS-CONC:OUgSE A FIND TERMINAL IMP9iC)l EMEN'TS PROGRAM 1 REC UIPEC1 CO€.N IY FORMS&LICENSES NON-COLLUSION AFFIDAVIT I, Gilberto Neves of the city of Key West according to law on my oath,and under penalty of perjury,depose and say that: 1. I am JV Ai tho,rized Representative ofthe firm of NV2A Gulf Keystar,a Joint Venture, LLC the bidder making the Response for the project described in the Request for Qualifications for: CMAR Services KWIA Airport Concourse A&Terminal Improvements 06/30/2021 and I executed the said Response 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; 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; l and 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. 6/30/2021 (Signature o 'espondent) (Date) STATE OF Florida ) )SS: COUNTY OF Miami-Dade ) i Subscribed and swom to(or affirmed)before me,by means of❑physical presence or KI online notarization,on 6/30/2021 (date) by Gilberto Neves (name of affiant). He/She is ersonal y mown to me or has produced (type of i en i ication)as identification. WITNESS my hand and official seal in the Co ty and State last aforesaid this 30th day of June 2021. n ��r � � _.®.._ ,V' WOaMEnAIUFrEYEA NOT YPUBLIC,STATE lda 6-_ `� ` ua.ry nai++ uu+avw�e+ My Commission Expires:May 28, 2023 commrccnvu° Commission No.GG339170 .,..mn,.' ay Comm.E+yresruy]8.702) W W$h HAtionAl A1q+ry ASSM. s S t I RFP-CMAR 51 of 147 CMAR SERV CEC-CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 138 PEQUIPED COUNTY v OPMS&UCENSE'S 8 I DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: NV2A Gulf Key star, a Joint Venture, LLC (Name of Business) 1.Publishes 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. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy i of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terns 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. Imposes 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,for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized xsi � a statement,I certify that this firm complies fully with the above requirements. _ /30/2021 (Signature respondent) (Date) i a STATE OF Florida„ ) )SS: COUNTY OF Miami-Dade ) Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or N online notanz n 6/30/2021 (date)by Gilberto Neves (name of affiant). He1She i ersonall known to me or has produced (type of identification as t identification. F WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June 2021. Am wt�IE OPEN '�"i f ,S Y e t .Sute a FW W NO'fA1`tY t�IC,S f - t7F` Orlda a GG 1391 r0pireswuy te.foraMy Commission Expires:May 28,2023 tiaul Nauy Assn. Commission No.GG339170 RFP-CMAR 52 of 147 CMAF SERVICES-CONCOURSE A AND TERMINAL IMPRtitVEMEN]S PROGRAM 137 i 7 PEQUIPED COUNTY FORMS&LICENSES s 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 building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR 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,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither NV2A Gulf Keystar_a Joint Venture, LLC (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity crime within Est 36 months,as set forth in Section 287.133,Florida Statutes. ._.-- ..._._- ---.LL gnature) Title Printed Name Gilberto Neves Company Name:NV2A Gulf Keystar,a Joint Venture, LLC Date: 6/30/2021 STATE OF Florida -. ..) )SS: COUNTY OF Miami-Dade) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or 9 online notarization,on 421 __ (date) by Gilberto Neves (name of affiant). He/She is ersonal known to me or has produced _ _ (type of i enn nation)as identification. I i WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June 2021. EM m7o ATE�FFlorida If,YOtDM Commission Ex ires:Ma 28,2 223 tsrp u�. Y P Y Commission No.GG339170 d i f i RFP—CMAR 55 of 147 r i CHAR SERV:C E'S-CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 1`$fi REQUI ED 4COUNJY FORMS&LICENSES Y LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE I s NV2A Group, LLC ' (Company) warrants that hetshc/it has not employed,retained or otherwise had act on his,/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County 3 officer or employee in violation of Section 3 of Ordinance No.020-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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". (Signature) j s Date: 6/30/2021 ; STATE OF Florida ) SS: COUNTY OF Miami-Dade) Subscribed and sworn to (or affirmed) before me, by means of O physical presence or M online notarization,on 6/30/2021 ®(date)by_ Gilberto Neves _ (name of affiant). Hc/She is ersona known to me or has produced _... _._m (type of identification)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of June 2020. rVONs'k•Sea¢ &FWRI " NOTARY UBLIC,STATEOF`Floreda _ mycmmC=MEm� 1126.7mi1 My Commission Expires:May 28, 2023 krded s vy Aso. CommissionNo.GG339170 3 3 I RFP—CMAR 50 of 147 CMAR SERVICES-CONCOURSE A AND TERMINAL. IMPROVEMENTS PROGRAM 1 3 i NON-COLLUSION AFFIDAVIT r I, Gilberto_Neves of the city of Key West according to law on my oath,and under penalty of perjury,depose and say that: s 1. I am President and CEO ofthe firm of NV2A Group, LLC the bidder making the Response for the project described in the Request for Qualifications for: ; CMAR Services KWIA Airport Concourse A&Terminal Improvements 06/30/2021 and I executed the said Response 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; I 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; 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; and `s 5. The statements contained in this affidavit arc true and correct,and made with full knowledge that Monroe County relies upon the truthf the statements contained in this affidavit in awarding contracts for said project. 6/30/2021 (Signature of R ondent) (Date) I STATE OF Florida ..............._.. ) SS: COUNTY OF Miami-Dade ) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or 9 online notarization,on 6/30/2021 (date) by Gilberto Neves (name of affrant). He/She is ti ersonal own to me or has produced_,... _ �__ (type of � i entr nation)as identification. i i WITNESS my hand and official seal in the County and State last aforesaid this g 30th _day of June 2021. NOTARY PUBLIC,STATE Ol _Florida _ I �� �u" °`, rvoNNt�wir rFYti My Commission Expires:May 28, 2023 '; Notary vuElk Aate W Fbrka ra . r2erp27 Commission No.GG339170 __.Bonded Nrousn Wtanal Notary aun. RFP--CMAR 51 of 147 ..........................._..........................._............................_...._, ..._..... ... .... ._..____......................................................_.._......_..._,.. CMAR"SERViCES-CONC01JRSE A ANi:1 TERMINAL 3iv1PIROVEMENTS PROGRAM I q PEt UIPED C UN'kY FOAMS&UCENSES I DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: I NV2A Group, LLC i (Name of Business) _ 1.Publishes 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. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a 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. s 5. Imposes 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,for any employee who is so convicted. i i 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign trsent,I certify that this firm complies fully with the above requirements. 6/30/2021 (Signature of Res pent) (Date) STATE OF Florida ) )SS: COUNTY OF Miami-Dade ) Subscribed and swom to (or affirmed) before me, by means of❑ physical presence or N online notarization on _ 6/30/2021 (date)by_ ...... Gllbert0,Neves (name of affiant). He/She is rsonall known to me or has produced p (type of identification as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of ,June _,....... ........,202 I. 3r , 4` a+r WONNE rAAR1E rrtjFlod NOTARY PUBLIC,STATE Of bra ri , "'d.. Mot�ry Public State o My Commission Expires.May 28,2023 1c�,sxP raon GG339170�n, My[anm,Eapirnrry Commission No._... W04 through N®tinia!Ma i s 3 t RFP—CMAR 52 of 147 1 i CMAR SERWCES-CC"Nt.at➢LMSE: A AND YI:E3MV,hlAt_ 9MPK:➢061 a ENTS ERt➢iit-ittM Iss 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 building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR 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,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither NV2A Group, LLf (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity crime within ast 36 months,as set forth in Section 287.133,Florida Statutes. (Si ' tote) Title esident and CEO y Printed Name Gilberto Neves s Company Name: N[WA Grou LLC Date: 6/30/2021 I I STATE OF Florida ) SS: COUNTY OF Miami-Dade) Subscribed and swom to(or affirmed)before me,by means of❑physical presence or M online notarization,on _ 6/30/2021 _ (date) by „ Gilbegp_N ves (name of affiant). He/She is ersonal known to me or has produced (type of i en 1 Ication)as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of Jun _,_. ,2021. i a Koury W61k Slate of Fbrida '�" i. � con,�l�.cc»glro NOTAR PUBLIC,STATE OF Florida a ay Comm.Eapirn wy tl,r02I My Commission Expires:MaY 26, 2 mou;A�u�ipulNotery,:�n. Commission No. GG339170 s j� 4 RFP--CMAR 55 of 147 i � s i CMAR S EIRV CFS-CCNCOURSF. A AND Z`t:F-tMVd'At... IMPROVEMENTS PROGRAM 1 LOBBYING AND CONFLICT OF INTEREST CLAUSE 1 1 SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE Gulf-Eels ., A Florida Joint Venture LLC (Company) i " warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.020-1990. For breach or violation of 1 this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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 w (Si re) Date:_ STATE OF Florida ) SS: COUNTY OF Brow 1 Subscribed and sworn to (or affirmed) before me, by means of IM physical presence or Cj online notarization,on 6/30t2021 _ (date)by John Scherer (name of affiant). He/She is ersona known to me or has produced (type of identification)as identification. WITNESS my hand and official seal in the my and Stateyjast aforesaid this 30th day of_ Junc�2[12t ,t j w NOTA Y P 113 SATE F 1 I®nda NN09n11U/1/i���', My Commission Expires: Jtrr 16,1024����Qp, CE Commission No. NG0963119 1y I RFP.-CMAR 50 of 147 rMAR SErdVOQ"l=S- C;ClNC;QJlalRSE A ANO$E6 W5WA1... IMPROAEMENTS f'f1Cil,FlAM 170 REQUIRED COUNTY fC.PMS A LICENSES I j I 1 I NON-COLLUSION AFFIDAVIT i I,_,,,,,,,,,John 5chprer­ �mV -- ._of the city of Fort Lauderdale � _.�� . .according to { law on my oath,and under penalty of perjury,depose and say that: i 1. I am_.. : 111kIeYn of the firm of Gulf-iCeystarra A Florida Joint Venture LL,C i the bidder making the Response for the project described in the Request for Qualifications for: IGey Hest International Airat C€�ncourse_A and JerrnLnal fi m and I executed the said Response 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; j 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; 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; and 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. ... (Si re of Respondent) (Date) STATE OF,Florida, — SS: COUNTY OF Y3rcaw�rd-,_„_ ) I Subscribed and swom to(or affirmed)before me,by means of E physical presence or❑online notarization,on 6£301, 0 i (date) by Johxa Scherer (name of affiant). He/She„_i_. _._.__. al n to rap or has produced (type of i an t tcat'on)as identification. WITNESS my hand and official seal in the C uny d State Iresaid this �NUIIItUIN//r// 3flcich _`day of.11A13 " I ..... ,` tNCE NOT RY PUBC .,STATE OF t=1pri ;4 My Commission Expires:June ,2Q24 Commission No.#GG963119 � t moaeeana ;:* i •dip°°Osd thN CI111111111N��� j s i RFP-CMAR 51 of 147 I F i i rMAR SERVICES-CONCOURSE A AND TERM'NAL IMPROVEMENT'S PROGRAM 171 1"PEQUIPED£::Ot3@*lY EC"F2MS&LICENSES I I I DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes,Sec.287.087 hereby certifies that: i __Pulf-Keystar, A Florida Joint Venture LLC (Name of Business) 1.Publishes 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 betaken against employees for violations of such prohibition. I � 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. I 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notifies the employees that,as a 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 ofthe United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. i 5. Imposes 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,for any employee who is so convicted. I 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. ".� -� .. s _... 3asase 30 2tD21 [ re of Respondent) (Date) STATE OF Florida ) SS: COUNTY OF roward Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization on (date)by )ollll. tvJl _ _ (name of affiant). He/She i ersonall known to me or has produced (type of identifica ton as _ — identification. \\11111111111/// WITNESS my hand and official seal in the Co ty anil State last aforeid this `�� P�•`� p�'C���Y�°>ov° 30th day of Jung,20�P i a :acp� ese,z y _. ,. N ARY PUBL�',S'IIATC O J Cloticlrs =�p,� attaatl® My Commission Expires: Ju 26,20 4 >a'•%j�n9edtl�°d!� Commission No. #CYG9631STATE °`® ///11111111U1\ ! i i ! i RFP--CMAR 52 of 147 I j fvMAR SC-RWCES-C.flNLQ1P.MSE A AND TE9M:NAL IMPROVEMEN S PROMRAM 172 PEQUIPED COUNT Y 1"c PMS&UCENSES y r 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 building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR 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,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither I ruff-ICe star_, Flcirid�a„]o nt l��rotur !.g (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six(36)months.The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months,as set forth in Section 287.133,Florida Statutes. Title„Nana 'on?t ,... u.. Printed Name John Scherer Company Name: Gulf- A 6s:radat Joint,Venture LLC Date: June 30„202I STATE OF ,Florida ) SS: COUNTY OF .Irawaxd ) Subscribed and sworn to(or affirmed)before me,by means of Ki physical presence or C 1 online notarization,on y 6t3012021 _,,, __, (date) by_ JohnSchcrer (name of affiant). He/Sheer_ rsonall known to me or has produced _„ (type of i en iication)as identification. WITNESS my hand and official seal in the County and State last afibrosaid this 3%h...__._ day of rgu 202.L._ a g `\\\\\\IIIIIIIIIIIIII��, � NOT RY PUBLI ST!T-E-OF lortdaa� Zq, My Commission Expiree 2 s 2024 �* Commission No.NGG963119 Ingoi►.0, Q RFP--CMAR 55 of 147 3, 1 CMAR SERWCER CONCOURSE A AND TERM NAL'Mr ROVEME..NTS PROGRAM 17 REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR MONROE COUNTY KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 0 16 23 0 o � y sr J� cOUMrr tN SNE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 Eddie Martinez, District 3 Mike Forster, District 5 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT Roman Gastesi, Jr. Kevin Madok May 26, 2021 PREPARED BY: Monroe County Airports Richard Strickland, Director of Airports REQUEST FOR PROPOSALS: CONSTRUCTION MANAGER AT RISK SERVICES: KEY WEST INTERATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM TABLE OF CONTENTS Subject Page Table of Contents 2 Notice of Request for Competitive Solicitations 3 Part 1: 5 Protect and Solicitation Background, Terms and Conditions, Instructions to Respondents, Selection Process Part 2: CMAR Protect Scope of Work and Services 33 Part 3: Required Response Forms 47 Attachments Attachment A— Badge Application Form 63 Attachment B— Insurance Requirements 67-71 Part 4: Draft Agreements - Pre-Construction Design Activities 72 - Construction Activities 147 RFP—CMAR Page 2 of 147 REQUEST FOR PROPOSALS: CONSTRUCTION MANAGER AT RISK SERVICES: KEY WEST INTERATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Wednesday, June 30, 2021, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: CONSTRUCTION MANAGER AT RISK SERVICES FOR MONROE COUNTY KEY WEST INTERNATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM 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. 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 reviewing 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/proposal/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: - (&, r ec y- v, no later than 3:00 P.M. on June 30, 2021. 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: CMAR Services KWIA Airport Concourse A & Terminal Improvements 06/30/2021 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 or otherwise be rejected or undeliverable to - k, r ec y- . v, in advance of the bid opening, please email: omb- purchasing(&,monroecounty-fl gov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole RFP—CMAR Page 3 of 147 REQUEST FOR PROPOSALS: CONSTRUCTION MANAGER AT RISK SERVICES: KEY WEST INTERATIONAL AIRPORT CONCOURSE A AND TERMINAL IMPROVEMENTS PROGRAM responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on June 30, 2021. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/j/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) Publication Dates: Key West Keys Weekly: Thur., 05/27/2021 Citizen: Wed., 05/26/2021 News Barometer: Fri., 05/28/2021 RFP—CMAR Page 4 of 147 PART 1 PROJECT AND SOLICITATION BACKGROUND, TERMS AND CONDITIONS, INSTRUCTIONS TO RESPONDENTS, SELECTION PROCESS 1-1. GENERAL INFORMATION The Board of County Commissioners of Monroe County, Florida, (hereinafter "County" or "Owner"), is issuing this Request for Proposals (RFP) for a qualified CONSTRUCTION MANAGER AT RISK("CMAR"), under provisions of Florida Statutes,to provide CMAR services for construction of Concourse A and Terminal Improvements Program at Key West International Airport for the County ("Project"). The preliminary design, design report and renderings of the Project can be downloaded via a provided link. The building will be located at Key West International Airport in Key West, Florida. The approximate street address is 3491 South Roosevelt Boulevard, Key West, Florida 33040. The Project will be funded with a combination of grants from the Florida Department of Transportation (FDOT), Federal Aviation Administration (FAA), Passenger Facility Charges (PFC), as well as other state and local sources. Therefore, the successful vendor will be expected to be familiar with and comply with all grant requirements, including all requirements in 2 C.F.R. part 200 and Required Contract Provisions for Airport Improvement Program and For Obligated Sponsors. 1-2. CURRENT PROJECT STATUS INFORMATION Monroe County Department of Airports completed a preliminary design of the terminal expansion program at Key West International Airport. This preliminary design provided the program and basis for this Request for Proposal. The procurement of the Architectural/Engineering (A/E) firm to progress the design documents of the terminal expansion program has been awarded and is under contract. Due to the active environment in which the construction of this project will be taking place, it is Monroe's County's requirement that both A/E and CMAR work collaboratively as a team from the kickoff of this project through completion. A summary of the CMAR work and anticipated scope and services on this Project are provided below in PART 2. 1-3. PURPOSE OF THE RFP The purpose of this Request for Qualifications (RFP) is: (1) To encourage qualified CMAR firms to submit statements of qualifications, performance and service information for evaluation and ranking by the County committee; (2) To procure professional CMAR services in an efficient, cost effective and timely manner and in compliance with Sections 255.103 and 287.055 of Florida Statutes, as well as other federal, state and local laws and policies; and (3) To agree upon a contract with a CMAR firm to perform construction management at risk functions for this Project and to be responsible for all pre-construction and construction phases and for the successful, timely and economic completion of this Project. The CMAR must have the proper licensing and provide proof to perform Construction in the State of Florida. RFP—CMAR 5 of 147 It is the intention of the County to enter a task order-based contract. Task orders will be issued for both pre-construction and construction phase services. Task orders will be issued based on defined scopes of work and fees. The ranking and selection process will be based on criteria stated in this RFP. A tentative calendar of events is included in this RFP. 1-4. COPIES OF RFP DOCUMENTS Respondents may obtain complete sets of the RFP Documents from DemandStar by Onvia at www.demandstar.com or www.monroecountybids.com, or call toll-free at 1-800-711-1712. Respondents shall use complete sets of RFP Documents in preparing Responses. Neither the Owner nor County Airport staff, nor their agents, nor the Architect/Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFP Documents. 1-5. EXAMINATION OF DOCUMENTS AND SITE; INTERPRETATION, CLARIFICATION AND CORRECTION OF DOCUMENTS; ADDENDA Before submitting a response,each Respondent must carefully examine the RFP documents, and be informed thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed. Each Respondent should visit the Project site to familiarize himself/herself with local conditions that may affect the cost,progress,or performance of the Work. Ignorance of the Respondent does not relieve him/her of the obligations and responsibilities assumed under this solicitation and the contract. Respondents shall promptly notify the County in writing of any discrepancies, ambiguity, inconsistency, omission or error that they discover upon examination of the solicitation documents or of the site and local conditions. Notification should be sent to: Strickland-Richard@MonroeCounty- FL.Gov. Respondents and Sub-Respondents requiring clarification or interpretation shall submit their questions in writing to the County no later than ten (10) business days prior to the date for receipt of Responses,to the following address: Strickland-Richard(a)Mon roeCounty-FL.Gov. Telephone calls and any other form of oral communication will not receive a response. Any answer, interpretation, correction or change of the solicitation documents will made by publishing an addendum/addenda. Copies of Addenda will be made available for inspection at DemandStar by Onvia at http://www.demandstar.com or http://www.monroecountybids.com or call toll-free at 1-800-711-1712. Interpretations, corrections, or changes of the solicitation documents made in any other manner will not be binding. If an Addendum is issued, it will be issued on the schedule shown in this RFP. Each Respondent shall ascertain prior to submitting his Response that he/she has received all Addenda issued, and he/she shall acknowledge their receipt in his/her Response. However, in case any Respondent fails to acknowledge receipt of such Addenda, his/her Response will nevertheless be construed as if it had been received and acknowledged, and the submission of the Response will constitute acknowledgement of receipt of the Addenda and will be bound by such Addenda. It is the responsibility of each Respondent to verify that he/she has received all Addenda issued before Responses are opened. No Addenda will be issued later than five (5)business days prior to the date for RFP—CMAR 6 of 147 receipt of Responses except for an Addendum withdrawing the request for Responses or one which includes postponement of the date for receipt of Responses. Submission of a Response constitutes representation by the Respondent that he/she has complied with all requirements of the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Submissions must include an Insurance Agent Statement and a completed Insurance Checklist (Attachment B), and all forms and requirements as called for in the RFP. Failure to include all necessary forms and licenses will likely result in a non-responsive submission and disqualification. Except as stated above, Respondents shall not contact or lobby any County personnel or communicate directly with or attempt to contact the Architect or the Design Team during the solicitation and response preparation process or ranking process in any way related to or involved with this Request for Proposals. Any Respondent doing so will be disqualified. 1-6. COPIES OF RFP DOCUMENTS Only complete sets of RFP Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals 1-7. SUBMISSION OF RESPONSES The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS(a,monroecounty-fl.gov,no later than 3:00 P.M. on June 30,2021. 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: CMAR Services KWIA Airport Concourse A & Terminal Improvements 06/30/2021 Files that do not contain this subject line WILL BE REJECTED. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on June 30, 2021. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.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) RFP—CMAR 7 of 147 1-8. RESPONSE REQUIREMENTS AND CONTENTS OF RESPONSE SUBMISSION The Response submitted in response to this RFP shall be digital PDF format it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. The responses shall be limited to 50 printer-friendly 8 and 1/z by 11-inch pages, double sided is allowed. Eleven by 17-inch pages, single sided may be used where required only for the depiction of an organizational chart or other graphics. The body text shall be size 11 font or larger. Smaller font may be used to describe graphics, etc. The cover page, section dividers, county forms, and resumes will not count towards the page total. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. Financial information, as described below, may be submitted in a separate e-mail marked "Confidential." The following information, at a minimum, must be included in the Submittal: A. Cover Pate A cover page that states "CMAR Services, Key West International Airport Concourse A and Terminal Improvements Program." The cover page shall list the Respondent's name, address,telephone number, appropriate business email address, and the name of the Respondent's contact person. B. Tabbed Sections TAB 1. Executive Summary. The Respondent will provide a history of the firm or organization or principal, and particularly include projects that are similar in nature to the services requested in the RFP. The Respondent will provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the services and scope of work. This information should also identify specific qualifications in terms of general corporate experience of project work of similar size and scope working at a commercial airport terminal within the last(5)years, capability for service and general workload of the firm. TAB 2. Relevant Experience, References, and Past Performance on Similar Projects. Each Respondent must be able to demonstrate a minimum of two (2)projects where the respondent was the prime contractor on a terminal renovation and/or expansion project, and two (2) projects where they provided CMAR services within the last five years. Projects where the respondent provided CMAR services as the prime contractor on a terminal project will satisfy both requirements. Describe the Respondent's experience in CMAR delivery of no more than five (5) most recent projects of similar scope, complexity and challenges (irrespective of cost) as this Project. Provide specifics on meeting project metrics for quality, safety, budget, and schedule for project success. The respondent's project approach should focus on items of originality or specific capability that would demonstrate the ability to successfully sequence and phase the project along with assisting RFP—CMAR 8 of 147 in the development of an implementable design and progress to successfully complete the project and ready for full operation by October 1, 2024. In addition to the narratives requested above, each project description should include the information below: Name and full address of referenced project and organization. Name and telephone number of contact person for the subject contract. Date of initiation and completion of contract for referenced project. Summary of the project and services and results including a comparison to services sought by this RFP. Provide examples of the project work that the Respondent provided. Provide examples of relevant experience of work on Airport Terminal facilities. Provide examples of the projects worked on with proposed consultants and subconsultants and subcontractors. Note where proposed key project staff for this project provided services on your reference projects TAB 3. Project Approach and Management. The Respondent will describe its proposed approach to this project, demonstrating its understanding of the CMAR process from concept through design, cost estimating, construction and commissioning, including the roles and responsibilities of each major participant in the project(e.g., County, Architect, CMAR contractor). Explain how the respondent will approach the performance of the Work identified in the Scope of Work, including cost estimating, constructability reviews, value engineering,project packaging, sequencing and phasing, risk assessment and mitigation, cost estimating, and construction to complete the Project within an established CGMP. Share two (2) significant lessons learned on CMAR delivery projects and provide a narrative on how you would approach the issue differently or this project, or apply the lessons learned in those experiences on this Project. The respondent's project approach should focus on items of originality or specific capability that would demonstrate the ability to successfully sequence and phase the project along with assisting in the development of an implementable design and progress to successful completion of the construction required as part of this Terminal Expansion. Describe the way the Respondent's firm will maintain quality control,project management, successful system delivery,project scheduling, and conflict resolution during the pre-construction and construction phases of the project. Respondent shall describe its process for managing change orders and present the project control procedures it intends to utilize to manage, forecast and control the costs and execution of the Project. Describe its process for managing correspondence, submittals, RFIs, non-conformance reports, and other project documents. The Respondent will describe its use of technology in the office or in the field which may be used on this Project. List any specific hardware and software currently in use or planned for this contract. RFP—CMAR 9 of 147 The Respondent will describe the firm's approach to job site safety and how the firm ensures a safe workplace. The Respondent will describe the firm's approach to information and communication management, including communication with the Owner, consultants, contractors, supply and material vendors, the Architect/Engineer and overall job information. Beyond what has been asked for in this RFP, present any additional qualifications your team bring to this Project that you want to share with the evaluation/selection committee? TAB 4. Staffing for this Project& Qualifications of Key Personnel. CMAR Proposers shall submit narrative responses for each of the following elements as instructed. The Respondent shall identify all positions it considers to be key for both the pre- construction and construction phases of the project. Resumes shall be submitted for all personnel proposed for key positions. Resumes shall include the individual's education, work history, length of tenure with the Respondent, and relevant experience with similar projects. The Respondent is encouraged to submit key personnel with experience on projects submitted under Tab 2. Highlight similarities in scope, schedule, delivery methods, political environment, stakeholder interaction, and value. Provide reference contacts for each key individual. Any personnel substitutions for these individuals will be subject to approval by the Director of Airports. Respondent shall provide two organizational charts, one for Pre-Construction Phase services and one for Construction Phase services, which identify the CMAR Proposer's and subconsultants' key personnel who will perform work under the Contract. In addition, include the title and a description of the work each person would perform. If an individual will not be assigned to the project on a full-time basis, indicate the percentage of time that person would be dedicated to work on the project. Describe the proposed organizational structure and its advantages to ensuring the Project's quality, schedule, and budget are successful. Provide a description of the projects(s)where this structure has been successful. Respondent shall describe additional staff at the disposal of the Pre-Construction and construction staff, what duties these staff will perform, and what value they bring to the project. Resumes are not needed for additional staff. Respondent shall describe its proposed key personnel's experience with CMAR and/or terminal development projects. Respondent shall submit a letter from the CEO, President or other authorized corporate executive with authority to commit the firm's resources, indicating the commitment to use the proposed key personnel throughout the duration of the Project. The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership) and include names of all persons with an interest in the firm. Include in this section the location of the main office and the location of the office proposed to work on this project. The Respondent will identify the address and location of the Respondent's office(s)that will have direct responsibility for the proposed project. Provide the actual distance,in miles,from office(s)to the project site. RFP—CMAR 10 of 147 The County reserves the right to have any of the CMAR's employees removed from participation in the performance and execution of this Contract if it believes it is in the best interest of the Project. Any employee of the CMAR or Sub-Consultants who, in the opinion of the County, is judged to be incompetent; incapable of producing quality work; or whose conduct becomes detrimental to the project shall, upon written request of the Airport Director, be immediately removed from the Project. The Respondent shall provide a statement of its current workload and status of current projects and prospective projects. Tab 5. Disadvantaged Business Enterprise Opportunity Goals This section is intended to allow the Proposer an opportunity to discuss its efforts to include Disadvantaged Business Enterprises (DBE) in the project, as well as to discuss past and present demonstrated commitment to small and minority businesses and contributions toward a diverse marketplace. More specifically, the Proposer is asked to state its: (i) past efforts to mentor, train and otherwise demonstrate a commitment to the growth and development of the small and minority business community; and (ii) present intentions to mentor, train, and include DBE in the scopes of work that are contemplated by and that will result from this solicitation. Proposer should highlight company efforts to encourage DBE and local small business utilization including such items as mentoring or outreach programs and/or similar programs in which the Proposer engages DBEs and small business participation. A Disadvantaged Business Enterprise shall be defined as a business firm satisfying the requirements of 49 CFR Part 26, as amended. It is the official policy of Monroe County to recognize the authority and applicability of the United States Department of Transportation's Rules and Regulations governing Disadvantaged Business Enterprise participation. Firms desiring to participate as a Disadvantaged Business Enterprise (DBE) must be duly certified by a member of the Florida Unified Certification Program (FUCP) and be listed in the UCP DBE Directory of firms, access to which may be obtained by visiting: https:Hfdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx The goal for this project is a 23.2% DBE aspirational goal. Submission of a proposal shall constitute full acceptance of all DBE goals and conditions outlined in this Request. Monroe County intends to award the contract for this solicitation to the most responsible proposer submitting a proposal that is most advantageous and in the best interests of the County,provided the proposer has satisfactorily demonstrated its ability to meet the DBE participation goals or has provided written documentation at the time proposals are due to demonstrate good faith efforts sufficient to overcome a rebuttable presumption of the adequacy of the assigned goal by virtue of other proposers having achieved the goal. Monroe County reserves the right to reject any or all proposals submitted in response to this RFQ. RFP—CMAR 11 of 147 TAB 6. Financial Information and Litigation Pursuant to Monroe County Code Section 2-347(h), the Respondent must provide the following information: (1) A list of the person's or entity's shareholders with five percent(5%) 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; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity 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 specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (If yes,provide details of the j ob,including where the j ob was located and the name of the owner.) YES NO b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the County will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any lawsuits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person,principal, entity, officer, director or general partner in the last five (5)years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the County will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) RFP—CMAR 12 of 147 YES NO d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person,principal, entity, officer, director or general partner. (If yes,provide details, include enough information about the judgment, claim, arbitration or suit so that the County will be able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO e. Whether, within the last five (5) years, the owner, an officer, general partner, controlling shareholder or major creditor of the person or entity 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 this RFP. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the County to thoroughly consider the matter.) YES NO 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 telephone number. h. Financial statements for the prior three (3)years. Please provide these financial statements in a separate e-mail for the CMAR's confidentiality, and in addition to listing the Project name indicate "CONFIDENTIAL" on the subject line. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from § 119.07(1) Fla. Stat. and §24(a), Art. 1 of the State Constitution.") i. Any financial information requested by the County department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the person responding is responsible. Under this section the vendor shall supply the following information: Respondents will clearly state and certify present and future bonding capacity available for the proposed project and services, by including: o The full name of the Bond Surety Company. RFP—CMAR 13 of 147 o The State in which the Bond Surety Company was chartered. o The home office address of the Bond Company (city & state). o Other Bond capabilities. Within ten (10)business days of the award of the GMP by the County, the CMAR will furnish a Performance and Payment Bond consisting of: a. Performance Bond in the form specified by the Owner; and b. Labor and Materials Payment Bond in the form specified by the Owner. Bond Requirement: The CMAR will furnish bonds in the amount of One Hundred percent(100%) of the GMP contract amount and shall maintain throughout the duration of the Project until one (1)year after Final Completion and acceptance of the Work including a surety bond as provided in Section 255.05 et. seq., Florida Statutes covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds shall be secured by the CMAR from a surety company licensed in the State of Florida with a best rating of A Class V or higher according to the most recent edition of the rating guide published by A.M. Best Company. The successful CMAR will be required to provide Surety Bonds in the amount of One Hundred percent (100%) of the Contract amount. The required premiums shall be paid for by the successful CMAR and shall be included in the GMP. In addition to the above minimum qualifications, the Surety Company must meet at least one (1) of the following additional qualifications specified. Time of Delivery and Form of Bonds: The CMAR will deliver the required bonds to the Owner within ten (10)business days, after the award of the GMP by the County. The Performance Bond and Labor and Materials Payment Bond shall be written in the amount of the GMP and shall continue in effect for one (1)year after completion and acceptance of the Work. The Bonds shall be dated on or before the Notice to Proceed Date. The CMAR will require the Attorney- In-Fact who executes the required Bonds on behalf of the Surety to affix thereto a certified and current copy of the Power of Attorney. Pursuant to the requirements of Chapter 255.05 (1)(s), Florida Statutes, CMAR will ensure that the Bond or Bonds referenced above shall be recorded in the public records of Monroe County. Proof of recordation must be submitted to the County with the executed contract. One (1) set of originals is required. TAB 7. Required County Forms and Licenses. Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the appropriate tabbed section. Failure to provide executed documents may result in Respondent being determined to be non-responsive to the RFP and disqualified from consideration. Form Page Submission Response Form 48 Applicant Acknowledgment Form 49 Lobbying and Conflict of Interest Form 50 Non-Collusion Affidavit 51 Drug-Free Workplace Form 52 Respondent's Insurance and Indemnification Statement 53 Public Entity Crime Statement Form 55 Vendor Certification Regarding Scrutinized Companies 56 Disclosure of Lobby Activities 58 RFP—CMAR 14 of 147 Certification of Non-Segregated Facilities 59 Certification Regarding Debarment 60 Certification Regarding Tax Delinquency and Felony Convictions 61 Acknowledgment of Addenda Form 62 Respondent will produce evidence of proper licensing to perform the services described herein. Copies of all professional, construction, and occupational licenses shall be included in this section. 1.9. GOVERNING LAWS, REGULATIONS AND STANDARDS Each Respondent,before submitting the Response, shall familiarize itself with all Federal, State, and local laws, ordinances,permit fees, impact fees, rules and regulations that may apply to the Project Work or that may in any manner affect the cost, progress, or performance of the Work. Knowledge of all license requirements and obtaining such licenses for Monroe County and municipalities and any other agencies within the State and Monroe County are the responsibility of the Respondent. 1-10. MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and e-mail address indicated in the Notice of Request for Qualifications and received prior to Response due date and time (Bid Opening Date). Modifications must be submitted by e-mail with the Respondent's name and "Modification — CMAR Key West International Airport Concourse A and Terminal Improvements Program"written on the subject line. 1-11. RESPONSIBILITY FOR RESPONSE; RECEIPT AND OPENING OF RESPONSES The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. Responses will be received until the designated time and will be publicly opened. Respondents' names shall be read aloud at the appointed time and place stated in the Notice of Request for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived, and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents and their authorized agents may be present either by phone or internet. 1-12. SELECTION PROCESS; SELECTION CRITERIA AND DETERMINATION OF SUCCESSFUL RESPONDENT AND NEGOTIATION The County shall designate a Selection Committee. The Selection Committee will consist of at least three (3) voting members. Effective upon the release of this RFP, any attempt by any responder to influence any member of the selection committee,or any Commissioner of the Monroe County BOCC or any employee of Monroe County with regard to this selection outside the prescribed selection process will disqualify such a responder from doing business with the Monroe County BOCC under this RFP. Following the receipt of responses, the Selection Committee will meet in a publicly noticed meeting, evaluate the responses based on the criteria and point total below, and rank the respondents in order (highest to lowest). The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed in the best interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not RFP—CMAR 15 of 147 requested or irregularities of any kind, or that do not comply in every respect with the instructions to Respondents and the contract documents, may be rejected at the option of the County. The evaluation of the Respondents will be based upon the given information, and Respondents are requested to provide, as a minimum, the information listed under each criterion. Failure to provide adequate information on any criterion may result in rejection of the Response as non-responsive. The selection process consists of two phases of evaluation and scoring. 1. Short-List. The County's Selection Committee will review each proposal. Up to the three (3) highest ranked Respondents will be short-listed and invited to interview with the Selection Committee. Proposers will be notified in writing if their firm has been qualified for the second phase and will be notified on the topics to be presented at the interviews during the second phase of the selection process. 2. Final Selection. The second phase of the evaluation and selection will only be for the proposers who are selected from the first phase of the evaluation. The shortlisted firm's interview will consist of a presentation to the Selection Committee followed by a question and answer period. One (1) firm will be selected. Monroe County BOCC will select the firm that meets the best interests of the County. The County shall be the sole judge of its own best interests,the Responses, and the resulting agreement. The County's decisions will be final. Scoring Evaluation for Submittals —Phase 1 (Short List Process). Each TAB section will be given points used to score and evaluate firms and individuals. Assignment of points will take into account factors such as quality/completeness of information, recentness and similarity of experience, verifiability,proximity, financial stability, etc. The scoring criteria point structure is as follows: SCORING CRITERIA MAXIMUM POINTS TAB 1 —Executive Summary 5 TAB 2 25 TAB 3 30 TAB 4 30 TAB 5 5 TAB 6 5 TAB 7 Pass/Fail TOTAL 100 Scoring Evaluation for Short Listed Firms — Phase 2 (Final Selection). Interviews of Respondents)will have a separate and additional maximum twenty(20)points possible. The total maximum points possible will be 120. SCORING CRITERIA MAXIMUM POINTS Quality of Presentation 10 Quality of Responses during Q&A Session 7 Pricing 3 TOTAL 20 RFP—CMAR 16 of 147 Respondent shall provide their labor rates for preconstruction and construction services. These rates shall include fringe benefits and exclude overhead, profit, and G&A expenses. These rates are subject to Audit. During the Q&A session respondent shall be prepared to explain the contractor's approach to development of hourly labor rates for construction services, what items may be included, and how they may be applied to the project. Respondent shall provide the fee percentage markup on the cost of work. This fee shall include profit, overhead and G&A expenses. The scoring criteria for pricing will be based on the provided fee percentage markup on the cost of work. The respondent with the lowest fee percentage will be awarded 3 points. The respondent with the 2nd lowest fee percentage markup will be awarded 2 points and the respondent with the highest's fee percentage markup will be awarded 1 point. During the Q&A session respondent shall be prepared to explain the contractor's approach to development of hourly labor rates for construction services, what items may be included, and how they may be applied to the project. 1-13. TENTATIVE SCHEDULE The following is a tentative calendar of event dates. The County reserves the right to change the dates or events, if necessary. Task Name Start CMAR RFP published and advertised 26 May 2021 Deadline for questions &written request for Clarification 18 June 2021 @ 5:00 p.m. Last day to publish addendum,if necessary 25 June 2021 Deadline for submission of responses 30 June 2021 Short List Selection committee meeting 2 July 2021 Short List Firms Interviews 19 July 2021 Recommendation to the Board of County Commissioners 18 August 2021 1.14 MANDATORY INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary and proper warranties, bonding and insurance coverage as laid out in Attachment B —Insurance. Respondents must submit proof of insurance coverages and letters of intent, bond ability and certification from their bonding and/or insurance company to cover all bonding/insurance requirements. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. RFP—CMAR 17 of 147 Prior to the commencement of work governed by the contract (including the pre-staging of personnel and material), the CMAR must obtain, at his/her own expense, insurance as specified below, which are made part of this contract. The CMAR will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the CMAR. As an alternative,the CMAR shall require all Sub-contractors to obtain insurance consistent with the attached schedules. The CMAR will not be permitted to commence work governed by the 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 CMAR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CMAR's failure to provide satisfactory evidence. The CMAR shall provide certificates of insurance showing all of the coverages within ten (10) days of notification that the CMAR has been awarded the pre-construction (Phase 1) contract. Failure to provide the appropriate certificates within that time frame may result in the vendor being disqualified from the work. Therefore,the CMAR shall provide new certificates whenever the policy periods expire. The CMAR shall maintain the required insurance throughout the entire term of the 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 required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CMAR to maintain the required insurance shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CMAR's failure to maintain the required insurance. The CMAR will be held responsible for all deductibles and self-insured retentions that may be contained in the CMAR's Insurance policies. The CMAR will provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • 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 CMAR's insurance will not be construed as relieving the CMAR from any liability or obligation assumed under this contract or imposed by law. 1-15. INDEMNIFICATION, HOLD HARMLESS AND DEFENSES The successful Respondent 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors or other invitees during the term the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other wrongful act or omission of Respondent or any of its employees, agents, sub-contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms the Agreement, except to RFP—CMAR 18 of 147 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 Respondent). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statute. The limits of liability shall be as set forth in the insurance requirements included as attachment B. Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Respondent,the Respondent agrees and warrants that the Respondent shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration is to be paid to the successful Respondent for the indemnification provided for the above. 1-16. AWARD OF CONTRACT The County anticipates entering into a Contract Agreement with the Respondent who submits the Response judged by the County to be most advantageous. The County reserves the right to accept or reject any or all Responses,with or without cause,to waive irregularities or technicalities or to accept the Response which, in its sole judgment, best serves the interest of the County, or to award a contract to the next most qualified Response if the successful Respondent does not execute a contract within thirty (30) days after the award. The Respondent understands that this RFP does not constitute an offer or an Agreement between the County and the Respondent. An offer or Agreement will not be deemed to exist and is not binding until Responses are reviewed, accepted by appointed staff,the best Response has been identified, approved by the appropriate level of authority within the County and executed by all parties. Any Response may be withdrawn until the date and time set above for the submission of the Responses. Any Response not so withdrawn shall constitute an irrevocable offer for a period of six (6) months to provide to the County the services set forth in this RFP. The County reserves the right to reject all Responses, to abandon the project and/or to solicit and re-advertise for other Responses. The County reserves the right to waive any informality in any Response, or to re-advertise for all or part of the work contemplated. If Responses are found to be acceptable by the County, written notice will be given to the selected Respondent of the award of the contract. If the award of a contract is annulled,the County may award the contract to another Respondent, or the work may be re-advertised or may be performed by other qualified personnel as the County decides. The County also reserves the right to reject the Response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. The results of the selection process will be presented to the Monroe County Board of County Commissioners for final approval. Any Bidder/Respondent/Proposer who claims to be adversely effected 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 Attorney's Office 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 Commissioners' ("BOCC") 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 RFP—CMAR 19 of 147 prior to the BOCC's meeting date in which the award of contract by the BOCC 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 decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to excuse the protest waiver. The filing _of a protest shall not stop the solicitation, negotiations, or contract award process, a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. At present,the County envisions issuing two contracts to the single successful Respondent: one contract to cover CMAR services during the pre-construction phase, and one contract to cover CMAR services during the construction phase. This RFP will be included and incorporated in the final award and Contract. The order of contractual precedence will be the Contract document, original Terms and Conditions, the solicitation, and Response. Any and all legal action necessary to enforce the award will be held in Monroe County and the contractual obligations will be interpreted according to the laws of Florida. *Any additional contract or agreement requested for consideration by the Respondent must be attached and enclosed as part of the Response. 1-17. EXECUTION OF CONTRACT; NO SELLING, TRANSFERRING OR ASSIGNING CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County three (3) executed counterparts of the prescribed contract together with the required certificates of insurance and bonds. No contract awarded for the services in this Response may be sold,transferred or assigned without the prior written approval of the Monroe County BOCC. 1-18. TERMINATION BY THE OWNER FOR CAUSE The County may terminate the Contract in the event: a. CMAR fails or refuses to prosecute the Work or any severable part or segment, with the diligence that will ensure its completion within the time specified in the Contract; b. CMAR fails or refuses to prosecute the Work on any severable part or segment, with the diligence that will ensure its completion within the time specified in construction schedules and related milestones issued in conjunction with the Contract; c. CMAR fails to complete any phase of the Work within the time specified in the Contract; d. CMAR fails to deliver the supplies or perform the services required of the CMAR under the Contract within the time specified in the Contract; e. CMAR fails or refuses to provide sufficient properly skilled workmen or tradesmen; f. CMAR refused or fails to supply materials, equipment or services meeting the requirements of the Contract; g. CMAR fails to make payments for materials, labor or services to subcontractors, sub subcontractors, suppliers or materialmen of any tier in accordance with such agreements that may exist among them; h. CMAR violates laws, ordinances, rules, regulations of any governmental authority having jurisdiction; or RFP—CMAR 20 of 147 i. CMAR materially breaches any of the provisions of the Contract. When any single or combination of the above causes exist and such cause(s)have not been cured after seven(7)days written demand by the County,the County may,with full reservation of, and without prejudice to any other right or remedy the County may have,upon giving CMAR and the surety five (5) days written notice, terminate the contract. Thereupon, the County shall immediately be entitled to possession of the worksite and all supplies, materials, equipment thereon and to finish the Work by reasonable means the County shall decide in its discretion. No payments shall be due the CMAR until the Work is fully and finally completed. CMAR and CMAR's surety shall be charged with all costs and expenses of completing the Work (the "Cost to Complete") including without limitation: costs of repairing, replacing or re-mediating improperly performed work; completing portions of the Work left undone on the CMAR's termination; architectural, engineering and other professional fees and costs incurred as a result of CMAR's termination and in connection with completing the Work; liquidated damages at the rate specified in the Contract until Completion is achieved; any other loss, claim or damage incurred by the County by reason of CMAR's default. If the unpaid portion of the CMAR's Bond(the "Unpaid Bond Amount") is greater than the Cost to Complete, the Cost to Complete shall be subtracted from the Unpaid Bond Amount and the difference shall be paid to CMAR within sixty (60) days from completion of the Work. If the Cost to Complete exceeds the Unpaid Bond Amount, the Unpaid Bond Amount shall be subtracted from the cost to complete and CMAR shall be indebted to and shall pay to the County that difference. The rights and remedies reserved to the County in this paragraph are without waiver of and are in addition to any other rights and remedies provided by law or under the contract to the County. 1-19. TERMINATION FOR CONVENIENCE A. The County may terminate performance of work under the contract in whole or in part (the"Work Terminated") if the County determines that such termination is in the County's best interest. The County will terminate by delivering to the CMAR a Notice of Termination, specifying the extent of the Work Terminated and the effective date. B. After receipt of a Notice of Termination, CMAR will immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: 1. Stop work as specified in the notice. 2. Place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete any portion of the Contract not encompassed in the Work Terminated. 3. Terminate all subcontracts to the extent they relate to the Work Terminated. To the fullest extent practicable, cancel all outstanding purchase orders, contracts and delivery of materials, supplies and equipment related to the Work Terminated. 4. If requested by the County in writing, assign to the County, all right, title and interest of the CMAR under the subcontracts terminated. Such Assignment shall not include assumption of CMAR's obligations or liabilities under a subcontract. The County will have the right(but not the obligation) to assume the CMAR's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts shall constitute the County's assumption of CMAR's or other obligations under any such subcontract absent a written document executed by the County and the subcontractor in which the County expressly acknowledges an assumption of CMAR's obligations, and then only to the extent specified. In no event will the County assume any obligation RFP—CMAR 21 of 147 of the CMAR under the subcontracts that arise out of or relate to CMAR's default prior to such assignment. 5. With the approval of the Purchasing Agent, settle all outstanding liabilities and settlement proposals arising from the termination of subcontracts. 6. As directed by the County, transfer title and deliver to the County (a) the fabricated or un- fabricated parts, work in process, completed work, supplies, and other materials produced or acquired for the Work Terminated, and (b) the completed or partially completed plans, drawings, information,and other property that,if the Work Terminated had been completed,would be required to be furnished to the County. 7. Complete performance of the work not terminated. 8. Take any action that may be necessary, or that the County may direct, for the protection and preservation of the property related to the contract that is in the possession of the CMAR and in which the County has or may acquire an interest. C. The Early Termination Claim will be strictly limited to payment for those portions of the Work, including CMAR's reasonable profit therefore, properly performed prior to the County's Termination for Convenience, and for work performed by CMAR under subparagraph B.8 above for protection and preservation of the property described therein. The Early Termination Claim will not include, and CMAR shall not be entitled to claim or recover, CMAR's other direct or indirect costs, losses or damage of whatsoever nature by reason of the Early Termination including, but without limitation: 1. Lost profit for Work not to be performed by CMAR by reason of the County's termination; 2. The cost of the Work not to be performed by CMAR by reason of the County's termination; 3. CMAR's demobilization costs; 4. Home office overhead; 5. Effect on other contracts and subcontracts including without limitation,those with subcontractors, sub subcontractors, suppliers and materialmen of any tier or any claims by them arising out of or relating to the impact of the Termination for Convenience on their contracted relations; 6. Lost opportunities or other actual/prospective contracts; 7. Lower or lost productivity; 8. Costs or damages claimed by subcontractors, sub subcontractors, materialmen or suppliers of any tier arising or in any way related to their respective contracts with CMAR or one another, or arising or related in any manner to the Termination for Convenience. The County's Termination for Convenience will be without waiver or prejudice to, all of the County's claims,rights and remedies arising out of or related to any default,breach of contract, damages or other claims the County may have against CMAR, or CMAR's subcontractors, materialmen and suppliers of any tier, or any other person or entity at the time of Early Termination, or arising thereafter. RFP—CMAR 22 of 147 D. After termination, the CMAR shall submit an Early Termination Claim to the County, no later than sixty (60) days from the effective date of termination unless extended in writing by the County. If the CMAR fails to submit the Early Termination Claim within the time allowed, the County may determine, on the basis of information available,the amount, if any, due the CMAR because of the Early Termination and shall pay the amount so determined to CMAR. E. Subject to Paragraph D. above,the CMAR and the County may agree upon the whole or any part of the amount to be paid because of the Early Termination. However, this amount may not exceed the total price as reduced by the amount of payments previously made and the contract price of work not terminated. The Contract shall be amended accordingly, and the CMAR shall be paid the agreed amount. F. If the CMAR and the County fail to agree on the payment because of Early Termination of work, the County shall pay the CMAR the amounts, if any, determined by the County to be due the CMAR as a result of the terminated work. G. If the termination is partial, the CMAR may file a proposal with the County for an equitable adjustment of the price of the continued portion of the contract. 1-20. TERMINATION BY THE CMAR In the event the County has not made a Progress Payment or the Final Payment within the time stated in the Contract Documents, the CMAR may terminate the Contract if the County fails or refuses to make such payment after ten (10) days written notice to the Architect and the County. 1-21. INDEPENDENT CMAR Professional services provided by the Respondent shall be by employees of the Respondent and subject to supervision by the Respondent, and not as officers, employees, or agents of the County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered shall be those of the Respondent. The successful Respondent and County will warranty and represent that by the execution of an agreement it is not the intent of the parties that the agreement be construed or deemed to represent a joint venture or an undertaking between County and the successful Respondent. The successful Respondent will be solely responsible for the conduct of all activities and services provided by the successful Respondent as part of its business operations. While engaged in carrying out and complying with terms of the agreement,the successful Respondent is an independent contractor and not an officer or employee of the County. 1-22. SUBCONTRACTING CMAR will obtain prior written approval of the County to any subcontractors used by the CMAR and the work they will perform as stated in the scope of work. A subcontractor is defined as any entity performing work within the scope of the project who is not an employee of the CMAR. The CMAR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CMAR shall be solely responsible for the means,methods,techniques, sequences and procedures of construction. All Work performed for CMAR by a Subcontractor or Supplier shall be pursuant to an appropriate agreement between CMAR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract RFP—CMAR 23 of 147 Documents for the benefit of County. CMAR shall be responsible to County and Architect/Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CMAR is responsible for CMAR's own acts and omissions. 1-23. ERRORS AND OMISSIONS Approval by County of the successful Respondent's work product for the Project will not be deemed a release of the responsibility and liability of the successful Respondent for the accuracy and competency of the successful Respondent's designs, drawings, specifications or other documents and work pertaining to the Project. 1-24. ADDITION OR DELETION OF SERVICES The County reserves the right to add to the services specified, or to delete any portion of the scope of services at any time. 1-25. RESPONSIBILITY FOR BADGING AND SECURITY All employees/subcontractors/independent operators of the Respondent assigned to this Project must obtain a Key West International Airport Security Badge, at the sole expense of the Respondent. The Respondent will have the sole responsibility of complying with FAA guidelines, including but not limited to,requiring a 10-year employment history and background check, issuance and wearing of security badges. Any fines incurred by Key West International Airport for violation of any FAA regulations by the Respondent employees will be charged to the Respondent, and if not promptly paid by the Respondent may result in termination of the Contract. A copy of the current Key West International Airport Badge Application, which contain details on the issuance, replacement, wearing of security badges, as well as listing the disqualifying crimes for which an employee of the Respondent may not be issued a security badge is attached for reference, Attachment A. Any employee/subcontractor/independent operators of the Respondent found by Key West International Airport to have been issued a security badge in violation of FAA guidelines will be required to immediately surrender their badge and be removed from the property. In addition to all Key West International security rules and regulations, which will be provided to the Respondent at the post award conference, the Respondent will inform their employees/subcontractors/independent operators, and ensure their compliance with the following: 1. No illegal guns, knives or other weapons are allowed on Airport premises. 2. No drugs or other prohibited substances, including alcohol, are allowed on Airport premises. 3. All building regulations concerning smoking. The Respondent agrees that its vehicles, cargo, goods, and other personal property are subject to being inspected and searched when attempting to enter or leave and while on Airport property at the sole discretion of the Airport. 1-26. TAXES Monroe County does not pay Federal Excise and State Taxes on direct purchases of tangible personal property. The exemption number will be provided on the "Contractor/Vendors" copy of the purchase order. This exemption does not apply to tangible personal property purchased by Contractor/Vendors for their use in the performance of this contract. Nothing herein shall affect the Respondent's normal tax liability. The County reserves the right, at the County's sole option, to issue RFP—CMAR 24 of 147 Direct Purchase Orders for applicable supplies and equipment to be utilized in this project. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the CMAR shall assist the Owner in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. The CMAR shall recommend opportunities for the Owner to make Direct Purchase Orders. The CMAR agrees that the amount of the purchase and the appropriate tax credit will be the subject of a deductive change order in recognition of the fact that the purchase and taxes were computed into the CMAR's costs. 1-27. OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including detail reports, plans, original tracings, specifications and all data prepared or obtained by the successful Respondent in connection with its services hereunder, including all documents bearing the professional seal of the successful Respondent, shall be delivered to and become the property of the County, prior to final payment to the successful Respondent at the termination of the agreement. 1-28. PUBLIC RECORDS COMPLIANCE. CMAR 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 CMAR 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 CMAR 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 CMAR. Failure of the CMAR 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 CMAR 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 CMAR 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 CMAR 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 CMAR or keep and maintain public records that would be required by the County to perform the service. If the CMAR transfers all public records to the County upon completion of the contract, the CMAR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CMAR keeps and maintains public records upon RFP—CMAR 25 of 147 completion of the contract, the CMAR 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 CMAR of the request, and the CMAR must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CMAR 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 CMAR. A CMAR 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. The CMAR 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 CMAR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CMAR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 1-29. INFORMATION ON DBE GOAL PARTICIPATION 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 (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)website: http://www3b.dot.state.fl.us/EqualOpportunilyOfficeBusinessDirectory/ 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 RFP—CMAR 26 of 147 used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 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/Offeror 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 (LOIs) from certified DBE firms which, cumulatively, fully meet the goal. 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 why negotiations failed; and V. Investigating DBE qualifications and capabilities; list reason(s) if a certified DBE 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 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 RFP—CMAR 27 of 147 that your response contains technical errors or requires further 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 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 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. 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. 1.30. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION To ENSURE EQUAL EMPLOYMENT OPPORTUNITY 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables RFP—CMAR 28 of 147 Goals for minority participation for each trade: 30.4% Goals for female participation in each trade: 6.9% These goals are applicable to all of the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade,and the Contractor shall make a good faith effortto employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Key West, Monroe County, Florida. 1.31. BOOKS, RECORDS and DOCUMENTS.The 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 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. 1.32. TITLE VI SOLICITATION NOTICE: Monroe County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. RFP—CMAR 29 of 147 1.33. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. 1.34. TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included RFP—CMAR 30 of 147 on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 1.35. CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act(42 USC § 740-7671 q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. 1.36. COPELAND "ANTI-KICKBACK"ACT Contractor must comply with the requirements of the Copeland"Anti-Kickback"Act(18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 1.37. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/l/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration 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 subgrant. 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 that involve driving a motor vehicle in performance of work activities associated with the project. 1.38. TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and RFP—CMAR 31 of 147 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. [Remainder of Pate Left Blank.] RFP—CMAR 32 of 147 2-1. BASIC SERVICES WORK SUMMARY The successful CMAR will furnish all work, procurement, necessary permits, and construction supervision to fully complete the construction of a Project. The work will also include overhead and underground utility relocation, demolition of existing structures, relocation of key functions not remaining on site,utility upgrades, site restoration, site infrastructure upgrades including but not limited to drainage, storm water management, signage, lighting,paving,parking and landscaping. The CMAR will coordinate the schedule of all work performed by its subcontractors as well as by the franchise utilities and regularly monitor and report on project progress and schedules and conduct meetings. The CMAR should also be aware that the CMAR will only be allowed to self-perform work with prior approval from the Airport. If approved,no more than 20 percent of the work will be allowed to be self- performed by the CMAR. The CMAR will oversee the work area including site safety, site access, deliveries and contractor parking to prevent conflicts with day to day airport operations. 2-2. SCOPE OF WORK The CMAR is expected to provide the following work: • Provide pre-construction services which include, but are not limited, to defining value engineering opportunities, as well as construction methods and materials to minimize project costs and work with County staff and the selected A/E firm in the design phase. Perform the work in a safe manner with acceptable quality, minimizing impacts to airport operations; • Competitively bid the work packages to qualified sub-contractors, in accordance with Monroe County purchasing policies and procedures as outlined by the County and develop a GMP; • Manage the construction work and improvements that constitute the Project; • Serve as a Lead Member of the project team and coordinate project meetings; • Provide required records and documentation for the County; and • Manage and coordinate with all utility owners/operators including but not limited to AT&T and Comcast, the City of Key West, Florida Keys Aqueduct Authority (FKAA), Federal Aviation Administration (FAA), Florida Department of Transportation (FDOT), and Keys Energy Services, 2-3. PRE-CONSTRUCTION PHASE SERVICES The CMAR preconstruction services will include, but are not limited to: a. Attend all project related meetings and design team meetings and record the meetings for preconstruction and construction phase services. b. Review construction drawings and specifications. c. Develop and update a master program phase bar chart schedule incorporating estimated design,permitting, bidding and construction phase times. d. Periodic review of all design documents for constructability review to identify defects, omissions, and recommendations for alternatives and for compliance with applicable laws, rules, codes, design standards and ordinances. RFP—CMAR 33 of 147 e. Provide value engineering/analysis recommendations for all phases of the project to optimize the County's capital outlay and operations resources. f. Periodically update cost estimates and make recommendations to keep the project within the budget. g. Periodically update the project schedule and make recommendations for recovery of lost time and shortening the construction schedule. h. Secure and monitor the review and approval process of governing authorities. i. Maintain a list of potential bidders and subcontractors and solicit bidders. j. Monitor and review all addenda and coordinate code review compliance. k. Prepare and issue bid packages, open and evaluate bids, schedule and conduct bid conferences with County's assistance. 1. Receive and review pre-contract documents as required. m. Review the schedule of values for balance of tasks vs. dollars and compliance with the project schedule. n. Review contracts and make recommendations to the County. o. Provide value engineering during subcontractor bidding phases. p. Hold contracts and subcontracts,provide for bonding for projects. q. Provide market analysis and proposal for removal or substitution of designated equipment and fixtures. r. Provide written constructability analyses of the Project, including items to be addressed with any County consultants (including Design Professional) such as accessibility, construction methods, assembly, installation, materials handling, expandability,phasing and other construction phase related activities. s. Prepare schematic and design development estimates and the development of a GMP for the construction of this project. t. DBE Plan u. Site Evaluation v. Site Logistics, Phasing and Project Construction Graphics w. Quality Control Program x. Outline Guaranteed Maximum Price (GMP) y. Subcontractor Bid Scopes z. Subcontractor Bidding aa. Prepare Final GMP bb. Provide all deliverables,reports,etc.,as required by the awarding agencies as required by all of the grant agreements providing funding for the Project. Method of cost estimating will be the Quantity Survey Method. It is understood that development of the GMP will not occur until the remainder of work during the Preconstruction Phase of the Work has been completed. 2-4. GMP PROJECT COST AND FEES FOR SERVICES When the Construction Documents for each previously approved construction package are sufficiently complete to establish the scope of work for the project or any portion thereof, the CMAR will establish and submit in writing to the Owner for its approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such GMP will be subject to modification for changes in the project as provided below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs,plus the CMAR's fees or the GMP, whichever is less when the work is complete. RFP—CMAR 34 of 147 Construction Contractor shall provide Owner with a guaranteed maximum price proposal for the total sum of the Construction Management Fee plus the Cost of the Work within 60 days after the Construction Documents in Owner's opinion are sufficiently completed by Design Professional and approved in writing by Owner. The guaranteed maximum price proposal shall be based upon the previous cost estimates provided by Construction Manager as required hereunder. Further, the GMP proposal shall be broken down into the categories and level of detail required by Owner. Construction Manager agrees that all of its books,records and files,with respect to its development of the guaranteed maximum price proposal, shall be open to Owner for review and copying. Construction Contractor shall provide a detailed breakdown acceptable to Owner of its guaranteed maximum price proposal. For each line item in the GMP, Construction Contractor shall record on the Schedule of Values all variances and deviations between the bid amount originally submitted for that line item and the final line item price incorporated into the GMP. At the time of submission of a GMP,the CMAR will also provide a guaranteed completion date (F.S. 255.103). The project must be completed and the facility in full operation by October 1, 2024. The CMAR will also verify the time schedule for activities and work which were adopted and used to determine the CMAR's cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The CMAR will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. If bids are received above the applicable line item in the GMP, the deficiency will with written permission of the owner be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the CMAR reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. The increase or decrease in the GMP resulting from a change in the Project shall be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and owner. 2. By unit prices stated in the Agreement or subsequently agreed upon. 3. If none of the methods is agreed upon, the CMAR, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a Change Order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the CMAR shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the CMAR shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project. The amount of decrease in the GMP to be allowed by the CMAR to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. RFP—CMAR 35 of 147 If the CMAR wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Costs caused by work or construction delays or by improperly timed activities or defective construction shall be borne by the CMAR. The CMAR's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time on the Contract. The CMAR's sole remedy for unforeseen, concealed or unknown conditions shall be an extension of time on the Contract. Pending final resolution of a Claim unless otherwise agreed in writing,the CMAR shall proceed diligently with performance of the Contract without limitation. It is mutually agreed between the parties hereby that time is of the essence of the contract, and in the event that the work to be performed by the CMAR is not completed within the time stipulated herein, it is then further agreed that the County may deduct from such sums or compensation as may be due to the CMAR, an amount as liquidated damages, as specified in the Agreement. 2-5. CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT The Construction Phase of the Project shall not begin until(a)approval of the GMP and issuance of a Notice to Proceed by the Owner, and (b) approval of the GMP and Construction Documents by grant-giving agencies. Once the Construction Phase of the Project begins, the CMAR will become the sole responsible party for complete and proper performance of the Construction Documents for the County. In the Construction Phase of the Project the CMAR will function as a typical general contractor in the construction industry providing all necessary services including but not limited to the following: a. Prepare a Comprehensive Project Management Plan/Project Manual. (discussed below) b. Periodically recommend contracting strategies for the Project to the Owner. C. Competitively bid subcontract work, in accordance with the County established purchasing procedures, and share the results with the County and its consultants. d. Manage the bidding process with oversight by the County for all construction work, enter into subcontracts and administer such subcontracts with the understanding that the County has the right to review and reject any subcontractor. e. Prepare shop drawings, Requests for Information and other documents necessary to accomplish the Contract work. f. Manage the construction site and provide for the administration and supervision of the Project. g. Establish and maintain the construction schedule including identifying variances, delays or early completion of tasks, and the maintenance of the schedule. RFP—CMAR 36 of 147 h. Develop an organized and auditable system for cost control. Prepare final project accounting. On-going and continuous auditing of the project is expected. i. Develop and manage the pay application and change order process, including coordination with the design staff and County personnel. Develop and implement procedures to monitor, record, review and approve submittals, shop drawings, change orders, pay requests and field orders for budget and schedule impact and compliance with the contract documents. j. Provide the means and methods of construction and make recommendations for correction of nonconforming or substandard work. k. Provide jobsite safety, logistics and security. Respond appropriately to any emergency affecting safety of persons or property, the CMAR shall act, at the CMAR's discretion, to prevent potential and threatened damage, injury or loss. Ensure OSHA compliance and proper handling of hazardous and dangerous materials and conditions. 1. Provide continuous monitoring and inspection of work to determine progress and conformance with design documents documenting same. Coordinate ordering and delivery of Owner supplied equipment and materials. M. Schedule and coordinate all required inspections with appropriate departments, entities and agencies including the County Inspectors. n. Maintain daily written project progress records and provide County with written reports of project progress and status at least once a month relating to budget, progress payments, change orders, performance and schedule adherence, and coordinate and conduct biweekly progress meetings. o. Guarantee the quality of all construction. Ensure that all as-builts are being kept up to date by CMAR and subcontractors. Provide inspection of all work, materials and test prior to substantial completion and occupancy inspection by appropriate certified inspectors. p. Perform or cause to be performed with supervision all required remedial work identified through the inspection process and at direction of the County's appointed project manager. q. Participate in regular meetings on the project with County and design staff or public individuals or groups as may be directed by the County's project manager. r. Work in cooperation with the County's public outreach professionals and organizations to keep all persons affected by the work informed of construction activities including specific coordination with property owners when work is to occur on private property or when any interruptions in utility service or roadways or access/ingress/egress are anticipated. S. Develop plan, coordinate, and assist in the start-up testing and certification of any utility systems and equipment, and commissioning plans for subsystems replaced and/or affected by the construction. t. Provide project close out coordination and transfer of the project to the County including delivery of as-builts, warranties, guaranties and operating instructions. Assist Owner in warranty inspection and completion of all required warranty work generated by inspections. U. Provide Certificate of Completion and all documents of record to County staff and/or consultants for archiving and assist County in the warranty inspections and completion of all required warranty work generated by inspections. RFP—CMAR 37 of 147 V. Coordinate the activities and required field work of the electric, cable, telephone and/or other communications service providers as required to facilitate the Project. W. Keep written minutes of all meetings, decisions and discussions pertaining to this project and submit copies of same to the County Project Manager for archiving. X. Coordinate the testing, inspection and approvals of project, delivery of instructions for operating all building systems, including training or maintenance staff for the Owner. y. Provide all deliverables, reports, etc., as required by the awarding agencies as required by all of the grant agreements providing funding for the Project. 2-6. SCHEDULED COMPLETION DATE The project must be completed and the facility in full operation by October 1, 2024. The selected CMAR is expected to work with any other contractors working within the vicinity. The CMAR will work around Monroe County BOCC observed holidays. Schedules must be provided indicating the start/completion dates of the overall construction project. 2-7. DESIGN DOCUMENTS The preliminary design plans and technical specifications are a work in progress and are being prepared by the Design Professional as stated above in this document. 2-8. TIME OF COMPLETION AND LIQUIDATED DAMAGES The Work to be performed under this project shall commence on the date of Notice to Proceed with such extensions of time as are provided for in the General Terms and Conditions of the contract. If said work is not substantially completed by the specified date, the CMAR will be liable and hereby agrees to pay to the Owner liquidated damages as specified in the contract. 2-9. BOND REQUIREMENTS; PERFORMANCE AND PAYMENT BOND In the RFP, Respondents will clearly state and certify present and future bonding capacity available for the proposed project and services, by including: o The full name of the Bond Surety Company. o The State in which the Bond Surety Company was chartered. o The home office address of the Bond Company (city & state). o Other Bond capabilities. Within ten (10)business days of the award of the GMP by the County, the CMAR will furnish a Performance and Payment Bond consisting of: a. Performance Bond in the form specified by the Owner; and b. Labor and Materials Payment Bond in the form specified by the Owner. Bond Requirement: The CMAR will furnish bonds in the amount of One Hundred percent(100%) of the GMP contract amount and shall maintain throughout the duration of the Project until one (1)year after Final Completion and acceptance of the Work as provided in Section 255.05 et. seq., Florida Statutes covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds shall be secured by the CMAR from a surety company licensed in the State of Florida with a best rating of A Class V or higher according to the most recent edition of the rating guide RFP—CMAR 38 of 147 published by A.M. Best Company. The required premiums shall be paid for by the successful CMAR and shall be included in the GMP. Time of Delivery and Form of Bonds: The CMAR shall deliver the required bonds to the Owner within ten (10)business days after acceptance of the GMP by the County. The Performance Bond and Labor and Materials Payment Bond shall be written in the amount of the GMP and shall continue in effect for one (1)year after completion and acceptance of the Work. The Bonds shall be dated on or before the Notice to Proceed Date. The CMAR will require the Attorney- In-Fact who executes the required Bonds on behalf of the Surety to affix thereto a certified and current copy of the Power of Attorney. Pursuant to the requirements of Chapter 255.05 (1)(s), Florida Statutes, CMAR will ensure that the Bond or Bonds referenced above shall be recorded in the public records of Monroe County. Proof of recordation must be submitted to the County prior to issuance of a purchase order. One (1) set of originals is required. 2-10. SCHEDULED CONTROL SUBSYSTEM A. Master Project Schedule—Upon award of the Contract for GMP, the CMAR shall submit a master project schedule covering the planning and design completion approvals, construction phases, critical work completion due dates, and County acceptance of the Project. This schedule will be the baseline schedule and will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be updated monthly throughout the project. The master project schedule shall be maintained throughout the Project and compared to the actual dates achieved on a monthly basis throughout the duration of the Project. B. Within fourteen (14) days after the date of the County's issuance of a Notice to Proceed for Phase 2 of the Work (construction activities), the CMAR shall prepare and submit to the County's Project Manager for initial approval a schedule in quadruplicate graphically depicting the activities contemplated to occur as a necessary incident to performance (and electronically) of the work required to complete the project, showing the sequence in which the CMAR proposes for each such activity to occur as necessary incident to performance of the work required to complete the project, showing the sequence in which the CMAR proposes for each such activity to occur and duration (dates of commencement and completion respectively) of each activity. Initial Approval for the purposes of this provision and any other provisions related to the CMAR's responsibility to prepare and submit schedules shall be limited to a determination that the activities, duration and logic are reasonable. Failure of the CMAR to develop and submit a construction schedule as aforesaid shall be sufficient grounds for the County to find the CMAR in material default and certify to the County that sufficient cause exists to terminate the contract or to withhold any payment. Following development and submittal of the construction schedule as aforesaid, the CMAR shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the subject project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the RFP—CMAR 39 of 147 construction schedule shall be submitted to the County in quadruplicate. Failure of the CMAR to update, revise and submit the construction schedule as aforesaid shall be sufficient grounds for the County to find the CMAR in material default and certify that sufficient cause exists to terminate the Contract or to withhold payment to the CMAR until a schedule or schedule update acceptable to the County is submitted. C. The CMAR shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules: 1. Pre-proposal Schedules (Subnetworks): The CMAR shall prepare a construction schedule for work encompassed in each proposal package. The schedule shall be sufficiently detailed as to be suitable for inclusion in the proposal package as a framework for contract completion by the CMAR. It shall show the interrelationships between the work of the CMAR and that of other Sub-Contractors, and shall establish milestones keyed to the overall master schedule. 2. Sub-Contractors Schedules (Subnetworks): Upon the award of each sub-contract, the CMAR shall jointly with the Sub-Contractor, develop a schedule which is more detailed than the pre- proposed schedule included in the specifications, taking into account the work schedule of the other Sub-Contractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the Sub-Contractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules. 3. Submittal Review Schedule: The CMAR shall indicate appropriate dates by which the Project Manager and/or Architect must notify the CMAR of the outcome of the review and any submittals in order to avoid an extension of the Contract Time,the failure of which will allow at least ten (10) days from receipt to respond to any submittal by CMAR. 2-11. COST CONTROL SUBSYSTEM The operation of this subsystem shall provide sufficient timely date and detail to permit the Construction Team to control and adjust the project requirements, needs, materials, equipment and systems and the construction site elements so that construction will be completed at a cost which, together with all other project costs, will not exceed the maximum total project budget. Requirements of this subsystem include the following submissions at the following phases of the project: (a) Costs at Completion of less than fifty percent (50%) Construction Documents Phase For Each Item Or Proposal Package—CMAR as part of its bid has furnished or shall furnish its best costs for labor, materials and services required to complete scope of work pursuant to the existing design (with and without value-engineering) and the completed design. (b) Costs at Completion of One Hundred percent(100%) Construction Documents Phase For Each Item or Proposal Package. (c) GMP Costs — When the Construction Documents for each design package are sufficiently complete to establish the scope of work for the project or any portion thereof, CMAR shall prepare and submit a cost on the basis of an overall quantitative labor and material take-off. 2-12. PROJECT ACCOUNTING SUBSYSTEM RFP—CMAR 40 of 147 The operation of this subsystem shall enable the Construction Team to plan effectively and to monitor and control the funds available for the project, cash flow, change orders, payments and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable. This subsystem will be produced and updated monthly and includes the following reports which together will serve as a basic accounting tool and an audit trail. This subsystem, includes but is not limited to: (a)Costs Status Report presenting the budget,estimate and base commitment(awarded contracts and purchase orders) for any given contract or budget line item. It shall show approved change orders for each contract which when added to the base commitment will become the total commitment.Pending change orders will also be shown to produce the total estimated probable cost to complete the work. (b) A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative) the retainage, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request. (c) A Detailed Status Report showing the complete activity history of each item in the project accounting structure. It shall include the budget, estimate and base commitment figures for each contract. It shall give the change order history including change order numbers, description, proposed and approved dates, and the proposed and approved dollar amounts. It shall also show all pending or rejected change orders. (d) A Cash Flow Diagram showing the projected accumulation of cash payments against the project. Cash flow projections shall be generated for anticipated monthly payments as well as cumulative payments. (e) A Job Ledger shall be maintained as necessary to supplement the operation of the project accounting subsystem. The job ledger will be used to provide construction costs accountability for general conditions work, on-site reimbursable expenses and costs requiring accounting needs. 2-13. PROJECT MANAGEMENT PLAN/PROJECT MANUAL L Upon award of contract, the CMAR shall begin Project Integration Management by documenting the Project Charter, develop a draft Comprehensive Project Management Plan/Project Manual ("Project Management Plan Manual") and develop a process for project plan updates. These items shall be the basis for a Project Management Plan Manual describing the services set forth in this Contract: a. The Project Charter documents the project statement of work and agreements which become the basis of foundational understanding of the project requirements. b. The Project Management Plan shall include management plans for communications, cost, resources, procurement, site visits, uniform records of daily work, quality control, risk, schedule, scope, change orders, RFIs, and stakeholder management. The Project Management Plan shall also establish and track deviations from the baseline cost, schedule and scope. Each item listed should be a section within the Project Management Plan Manual. RFP—CMAR 41 of 147 c. The Project Management Plan Manual shall be updated as necessary throughout the design, construction and County acceptance. Digital copies of the Project Management Plan Manual, and any updates, shall be submitted to the County and Architect. Five (5) copies of the Project Management Plan Manual and any updates shall be submitted to the County and Architect, and shall also be provided in electronic format. In developing the Project Management Plan Manual, the CMAR will coordinate with the County and the Architect. 11. Contents of Project Management Plan Manual: The Project Management Plan Manual shall describe in detail the procedures for executing the work and the organizations participating. The Project Management Plan Manual shall include as a minimum the following sections: 1. Project Charter 1.1. Project Summary & Goals & Delivery Strategy Methods 1.2. Assignments of Key Personnel and Organizational Plan 1.3. Agreements 2. Project Management Plan 2.1. Communications and Information Management Plan 2.2. Cost Management and Payment Administration Plan 2.3. Human Resource Plan 2.4. Procurement Management Plan 2.5. Quality Control Management Plan 2.6. Risk Management Plan 2.7. Schedule Management Plan 2.8. Scope Management Plan 2.9. Stakeholder Management Plan 2.10. Cost Baseline 2.11. Schedule Baseline 2.12. Scope Baseline 3. Project Management Plan Updates 3.1. Process for updating the Project Management Plan For further explanation of particular sections and examples of the Project Management Plan Manual, the following is expected: Section 1.2. -Assignments of Key Personnel and Organizational Plan should include,but not be limited to, a Responsibility Performance Chart: A detailed matrix showing the specific responsibilities and interrelationships of the County, the Architect and CMAR. The Responsibility Performance Chart shall indicate major responsibility, and minor responsibility, for each specific task required to deliver the project. The CMAR shall develop a similar chart for the personnel within his own organization who are assigned to the Project, and also for the personnel of the County and the Architect from data supplied by each. Section 2.1 - Communications and Information Management Plan should include, but not be limited to, Written Procedures: The CMAR will provide written procedures for Communications and coordination required between Construction Team members throughout the project. Procedures shall cover such RFP—CMAR 42 of 147 items as correspondence, minutes, reports, inspections, team meetings, technical reviews, design reviews, submittals, RFI's and other necessary communications. Section 2.8. - Scope Management Plan should include, but not be limited to, Flow Diagrams: These charts shall display the flow of information and the decision process for the review and approval of shop drawings and submittals,progress and change orders. Technical Specifications of the project should also be included in the Project Management Plan Manual. 2-14. DESIGN REVIEW AND RECOMMENDATIONS 1. Review and Recommendations for Value Engineering: Immediately after award of the Preconstruction Phase contract,the CMAR will familiarize itself thoroughly with the project documents and specifications and shall participate in the development of remaining design from existing drawings furnished by the Design Professional and the County to Completed Drawings. The CMAR will make recommendations with respect to value engineering of systems and materials, and will furnish cost reducing alternatives to assist the Architect, and County in evaluating alternative comparisons versus long term cost effects. The evaluation will provide for any reasonable steps to allow for expediting of construction and early completion of the project. Pertinent information shall be provided as to the availability of materials and labor that will be required. The CMAR will submit to the County, Design Professional, and Permitting Authority as appropriate,such comments as may be appropriate concerning construction feasibility and practicality. Any apparent defects in the design, drawings and specifications or other documents will be called to the Project Manager and the Architect's attention. The CMAR will prepare an estimate of the construction cost with value-engineering alternates utilizing the unit quantity survey method and making appropriate disclosure for items which may increase construction time but result in lower construction costs. 2. Review Reports and Warranty: Within ten (10) days after receiving the Construction Documents for each phase of the project, the CMAR will perform a specific review thereof, focused upon factors of a nature encompassed on factors set out herein. Promptly after completion of the review, the CMAR shall submit to the Project Manager, with copies to the Architect, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as he may deem appropriate, and all actions taken by the Architect with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts, alternative materials, and all comments called for under the Design Review and Recommendations. 3. Long Lead Procurements: The CMAR will review the design for the purpose of identifying long lead procurement items (machinery, equipment, materials, supplies). When each item is identified, the CMAR will notify the Sub-Contractors, the Project Manager and the Architect of the required procurement and schedule. Such information will be included in the Proposal documents and made a part of all affected sub-contracts. As soon as the drawings are sufficiently complete for purposes of establishing the GMP, the CMAR will prepare invitations for Proposals. The CMAR will keep itself informed of the progress of the respective Sub-Contractors or suppliers, manufacturing or fabricating such items and advice County Project Manager and Architect of any problems or prospective delay in delivery. 4. Phased Construction Planning: The CMAR will review the design with the Architect and make the recommendations to the County and to the Architect with respect to dividing the work in such manner as will permit the CMAR to take proposals and award separate construction sub-contracts on the current schedule while the design is being completed. RFP—CMAR 43 of 147 5. Job-Site Facilities: The CMAR will arrange for all job-site facilities necessary to enable the CMAR and the County's representatives and the Architect to perform their respective duties in the management, inspection and supervision of construction. The CMAR is responsible for proper care and maintenance of all equipment while in his control. At the time of transfer to the County,the County may refuse acceptance of the project if the County determines in its sole discretion that any equipment has not been properly cared for by the CMAR or that such acquisition would not otherwise be in the best interest of the County. 6. Weather Protection: The CMAR will ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his recommendations as to needed requirements of this nature as to the contract or contracts in which they should be included. 2-15. PROJECT REQUIREMENTS 1. The CMAR will provide for each of the following activities as part of its Construction Phase fee: a. Maintain both a log of daily quality control and a log of daily activities, including manpower records, weather delays, major decisions, work events and incidents. A daily report of these logs will be distributed to the County and the Architect in PDF format. b. Maintain a roster of companies on the project with names and telephone numbers of key personnel. c. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. d. Provide labor relations management for a harmonious,productive project. e. Provide a safety program for the project to meet OSHA requirements. Monitor for Sub- Contractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. f. Provide a safety meeting with CMAR staff, subcontractor(s) staff, consultants and sub consultants and Project Manager prior to starting work on existing site. 2. The CMAR shall provide personnel and equipment or will arrange for separate subcontractors to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required proposal documents and shop drawings, including the sets required by the Permitting Authority's inspectors. 2-16. PROJECT ADMINISTRATION RFP—CMAR 44 of 147 The CMAR will provide administrative functions during construction to assure proper documentation as part of its Construction Phase fee. The administrative functions shall include but not limited to such things as the following: A. Job Meetings: Hold weekly progress and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each Sub- Contractor's work. Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the Architect, County and CMAR either biweekly or monthly, whichever is designated by the Project Manager. Use the job site meeting as a tool for preplanning of work and enforcing schedules and for procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible for follow up on any problems, delay items or questions and record course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. B. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and to implement procedure for submittal and transmittal to the Architect of such drawings for action, and closely monitor their submittal and approval process. C. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries, to the affected Sub-Contractor for fabrication or revision. The CMAR will maintain a suspense control system to promote expeditious handling. He will request the Architect to make interpretations of the drawings or specifications requested of him by the Sub-Contractors and will maintain a suspense control system to promote timely response. He will advise the Project Manager and Architect when timely response is not occurring on any of the above. D. Payments to Sub-Contractors: Develop and implement a procedure for review, processing and payment of applications by Sub-Contractors for progress and final payments. E. Document Interpretation: Refer all questions for interpretation of the documents prepared by the Architect to the Architect and Project Manager. F. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the County and the Architect including information on the Sub-Contractors work, and the percentage of completion. Keep a daily log available to the County, the Architect and the Permitting Authority inspectors. G. Sub-Contractor Progress: Prepare periodic punch lists for Sub-Contractors work including unsatisfactory or incomplete items and schedules for their completion. H. Substantial Completion: Ascertain when the work or designated portions thereof are ready for substantial completion inspection. From the list of incomplete or unsatisfactory items, prepare a schedule for their completion indicating completion dates for the County's review. If the CMAR wishes the Architect and County to conduct a pre-substantial completion inspection in conjunction with his own forces,the Architect will prepare the pre-substantial punch list from which the CMAR will develop a completion schedule. The Project Manager will issue a certificate of substantial completion when the work on his pre-substantial punch list has been accomplished. RFP—CMAR 45 of 147 L Final Completion: Monitor the Sub-Contractor's performance on the completion of the project and provide notice to the County and Architect that the work is ready for final inspection. Secure and transmit to the County, through the Architect, all required guarantees, affidavits releases, bonds and waivers, manuals, record drawings, and maintenance books including the Final Completion form. J. Start Up: With the County's personnel direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing by the trade Sub-Contractors. K. Record Drawings: (1) During the process of the work, the CMAR will require all Contractors to record on their field sets of drawings the exact locations, as installed, of all conduit, pipe and facilities whether concealed or exposed. (2) As-Built Drawings shall be required. Upon completion of the work, this data shall be recorded to scale utilizing the computer-aided design and drafting application (CADD). Two (2) sets of disk files will be furnished to the CMAR by the Architect, but cost shall be borne by the CMAR. Each drawing shall be noted "As Built" and shall bear the date and name of the Sub-Contractors that performed the work. Where the work was installed exactly as shown on the contract drawings the sheets shall not be disturbed except as noted above. (3)The CMAR will review the completed As-Built drawings and ascertain that all data furnished on the drawings are accurate and truly represent the work as actually installed. When manholes, boxes, underground piping and conduits, inverts,transformers, switch cabinets, controllers,pull boxes, etc. are involved as part of the work, the CMAR will furnish true elevations and locations, all properly referenced by using the original benchmark used for the design of this project. The disks shall be submitted to the Project Manager and Architect when completed,together with two (2) sets of blue-line prints for certification, at the time of final completion. [Remainder of Page Left Blank] RFP—CMAR 46 of 147 PART 3 REQUIRED RESPONSE FORMS RFP—CMAR 47 of 147 SUBMISSION RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 RESPONSE FROM: I have included: o The Submission Response Form o Applicant Acknowledgment Form o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement including Insurance Agent's Statement o Public Entity Crime Statement Form o Vendor Certification Regarding Scrutinized Companies o Disclosure of Lobby Activities o Certification of Non-Segregated Facilities o Certification Regarding Debarment o Certification Regarding Tax Delinquency and Felony Convictions o Acknowledgment of Addenda Form In addition, I have included a current copy of the following professional and occupational licenses: Mailing Address: Telephone: Fax: Date: Email: Signed: Witness: (Witness signature) (Print Name) (Witness printed name) (Title) RFP—CMAR 48 of 147 MONROE COUNTY BOCC APPLICANT ACKNOWLEDGEMENT: The undersigned certifies that he/she is a principal or officer of the firm applying for consideration and is authorized to make this acknowledgement and certifications as well as submit solicitation proposals, bids, and responses on behalf of or as the applicant. Signature of Authorized Representative Title Company Name Printed Name Date STATE OF ) SS: 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2020. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. RFP—CMAR 49 of 147 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE (Company) VV warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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". (Signature) Date: STATE OF ) SS: 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2020. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. RFP—CMAR 50 of 147 NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: l. I am of the firm of the bidder making the Response for the project described in the Request for Qualifications for: and I executed the said Response 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; 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; and 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 Respondent) (Date) STATE OF ) SS: 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2020. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. RFP—CMAR 51 of 147 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087 hereby certifies that: (Name of Business) 1.Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a 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. Imposes 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, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. (Signature of Respondent) (Date) STATE OF ) SS: 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. WITNESS my hand and official seal in the County and State last aforesaid this day of 12017. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. RFP—CMAR 52 of 147 RESPONDENT'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including $4,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $1,000,000 Combined Single Limit (Owned, non-owned, hired vehicles) Professional Liability $2,000,000 per Occurrence $4,000,000 Aggregate Builder's Risk: Required Limits equal to the full replacement value of the completed structures The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CMAR 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CMAR or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of CMAR or any of its employees, agents, sub-contractors or other invitees, or(C)CMAR'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 CMAR). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. RFP—CMAR 53 of 147 In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CMAR's failure to purchase or maintain the required insurance, the CMAR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CMAR,the CMAR agrees and warrants that the CMAR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CMAR is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: RFP—CMAR 54 of 147 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 building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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,Florida Statutes,for CATEGORY TWO for aperiod of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last thirty- six (36) months. The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months, as set forth in Section 287.133, Florida Statutes. (Signature) Title Printed Name Company Name: Date: STATE OF ) SS: 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. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2017. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. RFP—CMAR 55 of 147 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Proj ect 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 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 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 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 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 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: RFP—CMAR 56 of 147 Title: Note: The List are available at the following Department of Management Services Site: http://www.dm s.my fl on da.c om/bus ines s_op erati ons/state_purchas ing/vendor_inform ati on/convicted_ suspended_discriminatory_complaints vendor_lists RFP—CMAR 57 of 147 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 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 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 agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the 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. 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: Authorized Representative RFP—CMAR 58 of 147 CERTIFICATION OF NONSEGREGATED FACILITIES 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 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 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 equal opportunity clause, and that he will retain such certifications in his files Signature of Contractor Title RFP—CMAR 59 of 147 CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY,AND VOLUNTARY EXCLUSION -49 CFR PART 29 (Version 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Signature of Contractor Title RFP—CMAR 60 of 147 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( ) is not( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2l The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Felony conviction: Felony conviction means a conviction within the preceding twenty four(24)months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. RFP—CMAR 61 of 147 ACKNOWLEDGMENT OF ADDENDUM As the person authorized to sign the statement,I certify that this firm acknowledges any and all addenda that may have been issued as part of this bid. All addenda are issued via www.demandstar.com ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED Date: Applicant's Signature Applicant's Name Applicant's Title Company Name RFP—CMAR 62 of 147 ATTACHMENT A Revision date:June 16,2020 Appendix 10a-Badge Application Farm Last Name: First Name: KEY WEST INTERNATIONAL AIRPORT IDENTIFICATION.MEDIA APPLICATION BADGING OFFICE USE ONLY— Badge�issued: Exp: Security Threat Assessment Date: Date Received: ❑ Pass TA collection&Transmittal: ❑ Fail Fingerprints(re)submitted on: NIA STA(re)submttted on: Fingerprints Approved on: Fingerprint Case Number: Training Completion Date(s): SIDA or GA training: Applicant Notified-Date&TA initials: Authorized Signatory training: Non-Movement training: Approval/Disapproval Movement driving training: Driving Practical: Authorized Signatory Only Driving Endorsement BADGE SELECTION Endorsement ❑ NON-MOVENIENT DRIVING AOA ❑ -MOVE_TMENT DRIVING ❑ STERILE l BOTH SIDA ALL AREAS ❑ NONE SIDA ALL AREAS ARMED Authorized Signatory Endorsement Escort Endorsement ❑ Yes E, ESCORT ❑ No C NONE Section I—Applicant Reporting Requirements for Security Threat Assessment(STA) Airport operators must not issue any type of personnel identification media to an individual until the information requested in this section is submitted to the Transportation Security Administration and the Transportation Security Administration has completed a Security Threat Assessment(STA)on the tndividuat and determined that the hndividuat does not pose a threat'to security. Employer's Name Last Name First Name Middle Name SSN Aliases Gender:NI i F(circle one) Height weight Eye color Hair color Address City State Zip code Phone numbers Email DOB(NDJUDDA'YYY) Country of Births State of Birth Citizenship Passport(PP)# PP Exp. PP Country__Alien Registration or Visa Driver's License# State Expiration Other 1-9 Documentation EYW BADGE APPLICATION-JUKE 16,2020 Page 1 of 4 RFP—CMAR 63 of 147 Revision Date:June 15,2020 Appendix 10a-Badge Application Form Last Name: First'Same: Section H-Criminal History—Read Section H initial below, 49 CFR Parts 1542 and 1544 and Public Law�106-528 prohibit anyone who has been convicted or found not guilty by reason of insanity within the previous 10 years of the following crones from being granted unescorted access to the airport's Security Identification Display Area(SIDA),Secured Area,Sterile Area and AOA.That is,that person may not be givenlissued an airport badge. All applicants must submit fingerprints which twill be used to check the person's criminal history records.Federal regulations under 49 CFR 1542.209(1)impose a continuing obligation to disclose to the airport operator within 24 hours if he or she is convicted of any disqualifying criminal offense that occurs while he or she has unescorted access authority. By marking each box below,I certify that I have INOT,during the past 10 years,been convicted or found not guilty by reason of insanity of any of the disqualifying crimes listed below. Ei 1)Forgery of certificates,false marking of aircraft,and ❑ 17)Kidnapping or hostage taking. other aircraftregistration violations-,49 U.S.C.46306. ❑1 18)Treason. F1 2)Interference with air navigation,,49 U.S.C.46308. ❑ 19)Rape or aggravated sexual abuse. E] 3)Improper transportation of a hazardous material;49 ❑ 20)Unlawful possession,use,sale,distribution,or U.S.C.46312. manufacture of an explosive or weapon. F-1 4)Aircraft Piracy:49 U.S.0 46502. 2 1)Extortion. E7 5)interference with flight crew members or flight ❑ 22)Anned or felony unarmed robberv. attendants:49 U.S.C.46504. 7 23)Distribution of or intent to distribute,a controlled F1 6)Commission of certain crimes aboard aircraft in flight; substance. 49 U.S.C.46506 ❑ 24)Felony arson. Ei 7)Carrying a weapon or explosive aboard an aircraft;49 ❑ 25)A felony involving a threat. U.S.C.46505. -1 26)A felony involving: 8)Conveying false information and threats,49 U.S.C. i. N�illful destruction ofproperty, 46507. h. Importation or manufacture of a controlled 0 9)Aircraft Piracy outside the special aircraft jurisdiction of substance; the United States'.49 U.S.C.46502(b). ih Burglary; 10)Lighting violations involving transporting controlled iv. Theft: substances:49 U.S.C.46315. V. Dishonesty,fraud,or nusrepresentation; r7, 11)Unla-wful entry into an aircraft or airport area that vi. Possession or distribution of stolen serves air carriers of foreign air carriers contrary to property; established security requirements;49 U.S.0 46314. vii. Aggravated assault: 71 12)Destruction of air aircraft or aircraft facility:19 U.S.0 viii. Bribery, 32. ix. Illegal possession of a controlled substance El 13)Murder. punishable by a maximum term of F1 14)Assault with intent to murder. imprisonment of more than I year. L] 1-1)Espionage. ❑ 27)Violence at international airports;IS U.S.C.37. F-i 16)Sedition. L] 29)Conspiracy or attempt to corninit any of the aforementioned crinunal acts. I acknowledge that the Transportation Security Administration(TSAL)has determined that awitliheld adjudication(court did not pronounce guilt or innocence),whether through a guilty plea or a plea of nolo contendere(no contest),constitutes a conviction for the purpose of unescorted access to the SIDA,Secured Area,Sterile Area at,AOA(49 CFR Part 1542).1 also accept that upon receipt of directive from the TSA or a modification to the regulation,my unescorted access to the secure area of the Airport may be denied or revoked. The Airport Security Coordinator keeps confidential criminal history records obtained from the FBI and uses them only for determining whether to issue an airport badge. You may get a copy of your criminal history records sent by the FBI to the Airport Security Coordinator by submitting a written request within 30 days of being advised that your criminal history disqualifies you from being issued an airport badge. If you believe that any information is inaccurate,you may directly contact the agency that reported the disqualifying conviction to Correct your record. I have read and understand Section 11 (Applicant Initials) EYW BADGE APPLICATION-JUKE 16,2020 Page 2 of 4 RFP—CMAR 64 of 147 Revision Date:June 16,2020 Appendix 10a—Badge Application Form Last Name; First Name: Section III-Applicants Airport Security Prolaram Responsibility Agreement 1. 1 will not allow anyone else to use my ID badge or AOA access key. 2, 1 will wear my ID badge on my outermost garment at all times when in the SIDA or security controlled area, 3. I will challenge and report any individual who is.not displaying an ID badge in a restricted area or SIDA and report the incident to the Airport Operations Department or Airport Security(NICSO). 4. I,,will ensure proper closing,locking and securing of any SIDA or AOA access controlled door or gate I use. 5. 1 will not allow anyone to folloxv me or my vehicle(piggy-back)through any Secured Area or AOA access controlled door or gate I use. 6, I will report the theft or loss of tiny 11)badge or key immediately to the Airport Security Department(MCSO). 7. If I am_granted escort privileges,I fully understand I am responsible for the control of the person's I am escorting and that I understand the escort procedures and the reporting of unusual activity to the Airport Security Department(MCSO). 8, 1 will report immnediately any security violation I witness to the Airport Security Department(MCSO). 9. 1 fully understand that pursuant to 49 USC§44903 any person and his or her accessible property accessing the secured area,air operations, area and/or sterile area of the airport are subject to search by TSA or other authorized officials. 10. I understand the consequences for unauthorized disclosure(civil penalty action that may include fines)of Sensitive Security Information material.(See Section 1520.17 of Title 49 of the United States Code.) 11. 1 fully understand that EY'W Airport ID?Media is to be used for OFFICIAL BUSINESS ONLY.All EiW Airport issued ID Media holders that are traveling must access the Sterile Area through the TSA Security Checkpoint with their accessible property and remain in the Sterile Area prior to boarding. I have read the above security procedures(Section III),and I understand that failure to comply with any of them may result in the revocation of my ID badge or key,which means I kill not be allowed access to the security controlled areas of the airport. Furthermore,e,I may be subject to civil penalty°action from the Transportation Security Administration and/or Monroe County. I have read and understand Section III (Applicant Initials) Section IV—SIDA ID Media A-DWication Screening Notice "Screening Notice:Any employee holding a credential granting access to a Security identification Display Area may be screened at any time while gaining access to,working in,or leaving a Security Identification Display Area." I have read and understand Section Ill (Applicant Initials) The Privacy Act of 1974 5 U.S.C.§552a(e)(3) PRIVACY ACT NOTICE Authority:6 U.S.C.§1140,46 U.S.C.§70105 49 U.S.C.§§106,114,5 Ma,40103(b)(3),40113,44903,44935.44936,44939.and 46105,tlxe Implementing Recommendations of the 9'11 Commission Act of 2007,§1520(121 Stat.444,Public Law 110-53,August 3,2007);FAA Reauthorization Act of 2018,§1934(c)(132 Stat.3186,Public Law 115-254.Oct 5,2018),and Executive Order 9397(November 22,1943),as amended. Purpose:The Department of Homeland Security(DHS)will use the biographic information to conduct a security threat assessment.Your fingerprints and associated information will be provided to the Federal Bureau of Investigation(FBI)for the purpose of cornparing your fingerprints to other fingerprints in the FBI's Next Generation Identification(NOI)System or its Successor systems including civil,criminal,and latent fingerprint repositories.The FBI may retain your fingerprints and associated information in NGI after the completion of this application and,while retained, your fingerprints may continue to be compared against other fingerprints subinitted to or retained by NGI.DHS will also transmit your fingerprints for enrollment into US-VISIT Automated Bionxetrics Identification System(IDENT).DHS may provide your name and SSN to the Social Security Administration(SSA)to compare that information against SSA records to ensure the validity of the information. Routine Uses:In addition to those disclosures generally permitted under 5 U.&C.§522a(b)of the Privacy Act,all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C.§522a(b)(3)including with third parties during the course of a security threat assessment,employment investigation,or adjudication of a waiver or appeal request to the extent necessary to obtain information pertinent to the assessment,investigation,or adjudication ofyour application or in accordance with the routine uses identified in the TSA system of records notice(SORNI)DHS/TSA 002,Transportation Security Threat Assessment System.For as long as your fingerprints and associated information are retained in NGI,your information may be disclosed pursuant to your consent or without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in the Federal Register,including the Routine Uses for the NGI system and the FBI's Blanket Routine Uses. Disclosure:Pursuant to§1934(c)of the FAA Reauthorization Act of 2018,TSA is required to collect your SSN on applications for Secure Identification Display Area(SIDA)credentials.For SIDA applications,failure to provide this information may result in denial of a credential.For other aviation credentials,although furnishing your SSN is voluntary..if you do not provide the information requested,DHS may be unable to complete your security threat assessment EYW BADGE APPLICATION—JUKE 16,2020 Page 3 of 4 RFP—CMAR 65 of 147 Revision Date:June 16,2020 Appendix 10a-Badge Application Form Last Name: First Name: ------------------------------------------------------------------------- Applicant Certification The information I have provided is true,complete,and correct to the best of my,knowledge and belief and is provided in good faith. I understand that a knowing and willful false statement can be punished by fine or imprisonment or both. (See Section 1001 of Title 18 of the United States Code.) I authorize the Social Security Administration to release my Social Security Number and full name to the Transportation Security Administration,Intelligence and Analysis(LA) ,Attention:Aviation Programs(TSA-10)/Aviation Worker Program,601 South 12th Street,Arlington,VA 20598. 1 am the individual to whom the information applies and wmit this information released to verify that my SSN is correct. I know that if make any representation that I knoxvis false to obtain information from Social Security records,I could he punished by a fine or imprisonment or both. Applicant's Signature: Date of Birth: Applicant's SSN: - - -Full Name: Section V-Signatory Authority(Information and Certification)-Authorized Signatory Only Signatory Authority Name&Title Date Phone Number -Authority Email Street Address City/State/Lip As the Authorized Signatory for ,I authorize that a specific need exists for providing with unescorted access authority to any SIDA,Secured Area,Sterile Area or AOA,as indication in this application,in the execution of their ditties as a The individual applicant acknowledges their security responsibilities under 49 CFR 1540.105(a). Signatory Authority Signature BARGING OFFICE USE ONLY Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: Badge Action: Badge Number: Date: TA: EYW BADGE APPLICATION-JUNE 16,2020 Page 4 of 4 RFP—CMAR 66 of 147 ATTACHMENT B WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease,policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County may 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. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. RFP—CMAR 67 of 147 ATTACHMENT B GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is: $4,000,000 Combined Single Limit(CSL) 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 will be named as Additional Insured on all policies issued to satisfy the above requirements. RFP—CMAR 68 of 147 ATTACHMENT B BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable is: $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable are: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. RFP—CMAR 69 of 147 ATTACHMENT B PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor will purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability are: $2,000,000 per Occurrence/$4,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. RFP—CMAR 70 of 147 ATTACHMENT B BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor is 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 will include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. Monroe County Board of County Commissioners shall be included as a Named Insured as their interest may appear(ATIMA). The policy will be endorsed to include the Monroe County Board of County Commissioners as the Loss Payee. The Contractor shall ensure that the County will be involved with all claim activities to include the settlement of all claims. No claims will be finalized without the prior approval of the County. RFP—CMAR 71 of 147 Agreement Between Owner and Construction Manager at Risk (Pre-Construction Activities) Where the basis of payment is a STIPULATED SUM THIS AGREEMENT Made as of this day of , 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Construction Manager: Project: Key West International Airport Concourse A and Terminal Improvements Program This Agreement ("Agreement" or "Contract") is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("Owner") and ("Construction Manager"), to perform all work("Work") in connection with the management during the pre-construction phase of the Key West International Airport Concourse A and Terminal Improvements Program ( "Project"), located in Monroe County, Florida, with said Work being set forth in the plans and specifications being prepared by the "Design Professional", and all other Contract Documents hereinafter specified and having an estimated construction cost of fifty million dollars ("Construction Budget"). Owner and Construction Manager, for consideration herein set forth, agree as follows: ARTICLE 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement including any Exhibits or Attachments to this Agreement, Conditions of the Contract (General, Supplementary and other Conditions including but not limited to those set forth in Attachment 1), the Request for Proposals (RFP) issued to secure the services of the Construction Manager,Addenda to the RFP issued prior to execution of this Agreement, together with the Construction Manager's response to RFP, all required insurance documentation, and any addenda, amendments, change orders, construction change directives, and field orders issued after execution of this Agreement. The Contract Documents shall also include all plans or specifications for the Project("Construction Documents"), but only after said Construction Documents have been completed by Design Professional and approved in writing by Owner. All of the foregoing Contract Documents are sometimes referred to herein as the"Contract." 1.2 The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. In the RFP—CMAR 72 of 147 event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 1.3 A portion of the funding for this Project is coming from the Federal Aviation Authority,FDOT, Passenger Facility Charges, and Monroe County. The Construction Manager is required to comply with all terms and conditions in these Funding Agreements. ARTICLE 2 Scope of Services 2.1 Pre-Construction Phase Services. The Construction Manager shall review and comment on Construction Documents being developed by Design Professional. The scope of that review shall include,but not be limited to, reviewing those various documents for value engineering and constructability. As the Construction Documents are being developed by Design Professional through the various design phases set forth in the Agreement for Professional Architectural and Engineering Services for the "Project" between Design Professional and County ("Design Agreement"), Construction Manager shall provide Owner with detailed construction cost estimates with respect to those documents. Construction Manager agrees to attend any and all design and preconstruction conferences and otherwise to assist and cooperate with Design Professional with respect to design of the Project. 2.2 Construction Manager shall provide all other services during the Pre-Construction phase of the Project as set forth in the Contract Documents including those set forth in Attachment 2. ARTICLE 3 Date of Commencement, Contract Time and Liquidated Damages 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. 3.2 Time is of the essence in the performance of Work under this Contract. Construction Manager shall commence the Pre-Construction Phase Services of the Work within five (5) calendar days after issuance of the Notice to Proceed, unless a later date is established in writing by the Owner. Any work performed by the Construction Manager prior to execution of this Agreement shall be at the sole risk of the Construction Manager. No work performed prior to issuance of the Notice to Proceed shall be reimbursed. 3.3 The Work to be performed under this Agreement, Pre-Construction Phase Services, is a precursor to construction work that will be performed subsequently and that will be covered by a separate contract("Construction Phase Services"). Because the Work is to be completed in two phases,the timely completion of the first phase is critical to the timely completion of the Construction Phase Services. Accordingly, the Construction Manager agrees to provide the Pre-Construction Phase Services in accordance with the Master Program Phase Bar Schedule to have a completed and fully operational and occupied facility by October 1, 2024. The Master Program Phase Bar Schedule may be adjusted from time to time, but only in writing, and only with the concurrence of the Construction Manager, Owner and Design Professional. Owner and Construction Manager recognize that since time is of the essence, the Owner will suffer financial loss if the Work associated with this Agreement is not completed within the RFP—CMAR 73 of 147 times specified on the Project Schedule, as said time may be adjusted as provided for herein. In such event, the Owner's damages will be difficult, if not impossible, to ascertain and quantify definitively, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of the "Project" and other services to the public, in Monroe County,Florida. It is hereby agreed that it is appropriate and fair that Owner should receive liquidated damages in the amount of two thousand,five hundred dollars ($2,500.00) per day from Construction Manager, if Construction Manager fails to complete the Work covered by this Agreement within the required time periods, until such time as the work is completed. For the purpose of this Article, the term "day" means a business day, to include Monday through Friday but not Saturdays, Sundays, or holidays recognized by the County. The Construction Manager shall not be held responsible for any delays caused by the Design Professional or Owner. In any event, the Construction Manager shall not be entitled to additional compensation but shall be entitled as an exclusive remedy to an extension of time. Construction Manager hereby knowingly and expressly waives and relinquishes any right which it may have to seek to characterize the above liquidated damages as apenalty. 3.4 The Construction Manager's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 For all Pre-Construction Phase Services, including but not limited to providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with Design Professional during the various design phases, and preparing cost estimates, the Owner shall pay and Construction Manager shall receive for the pre- construction phase services for a period of months from the Notice to Proceed the not-to-exceed amount of ($ ) as the total lump sum compensation for its services ("Contract Sum"), The Contract Sum shall be all inclusive and no additional amount for reimbursable expenses (including but not limited to, transportation, per diems, postage, photocopying, telephone) shall be allowed. Monthly installment payment of the Contract Sum shall be based on the percent completion of the designated portion of the Pre-Construction Services for each particular month and Owner's receipt of Construction Manager's written invoice for such payment. 4.2 The Construction Manager shall not be entitled to payment unless and until it submits to the Owner invoices with supporting documentation acceptable to the Clerk of Court of which may include partial and final releases and waivers of lien; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner. 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. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735. ARTICLE 5 Pre-Construction Phase Services RFP—CMAR 74 of 147 Construction Manager shall provide the following review and commentary services in addition to any other Pre-Construction Phase Services required by the terms of this Agreement: 5.1 Review, Recommendations and Warranty: Construction Manager shall familiarize itself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design from Schematic Pre-Construction Phase through Construction Documents Phase (as those phases are defined in the Design Agreement). Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost-reducing alternatives including assistance to Design Professional and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall address the benefits of the speed of erection and early completion of the Work. Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. Construction Manager shall submit to Owner and Design Professional such comments as may be appropriate concerning construction feasibility and practicality. Construction Manager shall call to Owner's and Design Professional's attention any defects in the design, drawings and specifications or other documents of which it is aware. As questions arise or as more information is needed from the Designer or the Owner,the Construction Manager shall track who is responsible for each item and record the status of each item at every meeting. Construction Manager shall prepare estimates of the construction cost utilizing the unit quantity survey method in a format approved by the Owner. These estimates shall be performed following each design phase, including Programming, Schematic Design; Design Development; 60% Construction Documents; and 100% Construction Documents. 5.1.1 Construction Budget:In performing the services listed in the paragraph above, the Construction Manager shall: (a) Define at the Programming Phase the construction budget range and system assumptions to provide cost guidance across all divisions; (b) Develop budget tracking categories, applicable to the scopes of work; (c) Conduct a budget variance evaluation and produce a list of recommendations;and (d) Track and identify scope changes,review with team, and schedule critical decisions as it relates to the budget. 5.2 Review Reports: Within ten business (10) days after receiving the documents produced by Design Professional, Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 5.1 above and on factors set out in Paragraphs 5.3 and 5.4 below. Within the same ten (10) day period, Construction Manager shall submit to Owner, with copies to Design Professional, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as Construction Manager may deem appropriate, and all actions taken by Design Professional with respect to same, any comments Construction Manager may deem to be appropriate with respect to separating the Work into separate subcontracts, alternative materials, and any other appropriate or required comments. Ongoing constructability reviews to include: Staging and Maintenance of Traffic, Cost Analysis and evaluation for means and methods of systems being evaluated. Provide Monthly reports on the Pre-Construction progress, include specific meetings with any Agencies, Owner, Design Professional, Public meetings or any other related activities. RFP—CMAR 75 of 147 5.3 Guaranteed Maximum Price, Guaranteed Completion Date: As a deliverable under this Agreement,the Construction Manager agrees to provide to the Owner a guaranteed maximum price (GMP) with a detailed breakdown acceptable to the Owner. If and when the GMP is accepted by the Owner, except only as to specific matters that may be recognized in a GMP Amendment approved by the Owner, the Construction Manager shall be deemed to have warranted to the Owner, without assuming any architectural or engineering responsibility, that the construction documents are consistent with each other, practical, feasible, and constructable. Included in this GMP will be the Construction Manager's general conditions and Construction Phase fee. At the same time,the Construction Agreement shall also provide a guaranteed completion date. 5.4 Long Lead Procurement: Construction Manager shall review the Project design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies) and consult with Design Professional concerning same. When each item is identified, Construction Manager shall notify prospective subcontractors, Owner and Design Professional of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected subcontracts. Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers manufacturing or fabricating such items, and revise the Construction Schedule when required as a result of delays in delivery. Delays in delivery time for long lead procurement items will not entitle Construction Manager to a time extension for completion of the Project. 5.5 Scheduling of Pre-Construction Activities: Construction Manager shall provide a preliminary construction schedule with monthly updates. 5.6 Permits and notices: Construction Manager shall define essential milestone submission dates. This Pre-Construction Design Phase includes obtaining all necessary permits, including but not limited to building permits. Construction Manager is in charge of identifying all necessary permits, defining milestone submission dates, and obtaining the permits. The permit status will be tracked and made available to all attendees and will accompany the meeting notes that will be distributed. 5.7 Interfacing: 5.7.1 Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate procurement of long lead items, the separate construction subcontractors and the general conditions items without duplication or overlap, and are sequenced to maintain completion of all Work on schedule. The Construction Manager will produce a Pre-Construction project schedule that includes deliverables to the owner in conjunction with the Owner and the Designer. Owner Direct Purchase Items, long lead items and potential early start items will be identified as well and included in this schedule. The progress of this schedule will be tracked at every meeting and statuses recorded and distributed with the meeting notes. 5.7.2 Without assuming any design responsibilities of Design Professional, Construction Manager shall include in the reports required under Paragraph 5.2 above, comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that Design Professional RFP—CMAR 76 of 147 may arrange for necessary corrections. Construction Manager shall provide all required Value Engineering as may be required to provide cost guidance for the Owner. 5.8 Cost Modeling/Building Information Modeling (BIM): Construction Manager is responsible for developing a BIM Execution plan, clash detection and Model coordination. The Owner may elect to not have a Building Information Model provided pending final discussions. Clash detection shall be provided by the Construction Manager. 5.9 Meetings: Construction Manager shall attend all of the meetings as outlined in the scope of work. ARTICLE 6 Final Payment 6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work as provided in the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment, and(2)a final approval for payment has been issued by the Resident Project Representative/Contract Administrator (RPR/CA). Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. ARTICLE 7 Miscellaneous Provisions 7.1 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event of termination, the Construction Manager shall be paid for all eligible contract work completed, accepted and delivered prior to the date a notice of suspension of funding was received by the County. Any cost incurred after a notice of suspension or termination is received by the County may not be funded with funds provided under any of the Funding Agreements unless previously approved in writing by the State of Florida. 7.3 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as Construction Manager, supplier, subcontractors, or consultants 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, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. RFP—CMAR 77 of 147 By signing this Agreement, Construction Manager represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Construction Manager further represents that there has been no determination, based on an audit, that it or any subcontractors has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Construction Manager or subcontractors has been placed on the convicted vendor list. Construction Manager shall promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendorlist 7.4 Miscellaneous. a) Construction Manager shall maintain all books,records, and documents directly pertinent to performance of any and all work under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be 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 Construction Manager pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Construction Manager shall repay the monies together with interest calculated pursuant to Sec. 55.03,Florida Statutes, running from the date the monies were paid to Construction Manager. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Construction Manager agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Construction Manager 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. The parties agree that both parties participated equally in the drafting of this Agreement. c) 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, RFP—CMAR 78 of 147 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 Construction Manager 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. d) Attorney's Fees and Costs. The County and Construction Manager 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 court costs as an award against the non- prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Construction Manager and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Construction Manager and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Construction Manager agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) 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 Construction Manager 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 Construction Manager specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party,effective the date of the court order. The RFP—CMAR 79 of 147 parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352),which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII, 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 provisionsin any federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. k) Covenant of No Interest. County and Construction Manager covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. The parties understand and agree that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Construction Manager warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Construction Manager agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee, commission,percentage, gift, or consideration. n) Public Records Compliance. Construction Manager must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of RFP—CMAR 80 of 147 article I of the Constitution of Florida. The County and Construction Manager 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 Construction Manager 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 Construction Manager. Failure of the Construction Manager 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Construction Manager 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 Construction Manager 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 Construction Manager or keep and maintain public records that would be required by the County to perform the service. If the Construction Manager transfers all public records to the County upon completion of the contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the contract, the Construction Manager 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 Construction Manager of the request, and the Construction Manager must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Construction Manager 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 RFP—CMAR 81 of 147 unilaterally cancel this contract upon violation of this provision by the Construction Manager. A Construction Manager 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. The Construction Manager 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 CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Construction Manager and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) 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. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) 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 Construction Manager agree that neither the County nor the Construction Manager or any agent, officer, or employee of either shall have the authority to inform, RFP—CMAR 82 of 147 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. s) Attestations. Construction Manager agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Construction Manager or any of its employees, agents, Construction Managers or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub- Construction Managers or other invitees, or (C) Construction Manager'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, Construction Managers or invitees (other than Construction Manager). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. 5.725.06. 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 that the completion of the project (to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Construction Manager shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager, the Construction Manager agrees and warrants RFP—CMAR 83 of 147 that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Construction Manager is for the indemnification provided for the above. Also: To the fullest extent permitted by law,the County's contractor/consultant shall indemnify and hold harmless the County and the State of Florida Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including,but not limited to,reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and Construction Managers shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Construction Manager subcontracts any or all of the work in this project to any third party, the Construction Manager specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Construction Manager specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conformto Florida Green Building Coalition standards. 7.5 Any written notices or correspondence given pursuant to this contract shall be sent by United RFP—CMAR 84 of 147 States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Construction Manager: For Owner: Director of Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 7.6 Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R. § 200.38, the following provisions from 2 C.F.R. part 200 apply to this Agreement: a) Audit of records. Construction Manager shall grant to the County, the Federal Aviation Administration, Florida Department of Transportation, the Federal Government, and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FAA or FDOT, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FAA, FDOT, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Construction Manager, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Construction Manager may appeal any such finding or ruling. If such appeal is unsuccessful, the Construction Manager shall agree that the amounts paid to the Construction Manager shall be adjusted accordingly, and that the Construction Manager shall,within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non- allowable. Construction Manager shall comply with federal and/or state laws authorizing an audit of Construction Manager's operation as a whole, or of specific Project activities. b) Equal Employment Opportunity During the performance of this Agreement, the 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 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows: (1) The Construction Manager will not discriminate against any employee or applicant for employment because of race, color,religion,sex,sexual orientation, gender identity, or national origin. The Construction Manager will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, RFP—CMAR 85 of 147 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 Construction Manager 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. (2) The Construction Manager will, in all solicitations or advertisements for employees placed by or on behalf of the Construction Manager, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation, gender identity, or national origin. (3) The Construction Manager 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 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 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 Construction Manager's legal duty to furnish information. (4) The Construction Manager will send to each labor union 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 Construction Manager'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. (5) The Construction Manager 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. (6) The Construction Manager will furnish all information and 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. (7) In the event of the Construction Manager'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 Construction Manager may be declared ineligible for further RFP—CMAR 86 of 147 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. (8) The Construction Manager will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Construction Manager will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance;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 administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. c) 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 and Cooperative Agreements," and any implementing regulations issued by the awarding agency. d) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). e) Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 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 than Executive Order 12549. f) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Construction Managers 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 RFP—CMAR 87 of 147 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. g) Procurement of recovered materials as set forth in 2 CFR § 200.322. Construction Manager must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. h) Americans with Disabilities Act of 1990 (ADA) — The CONSTRUCTION MANAGER will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSTRUCTION MANAGER pursuant thereto. i) E- Verify. The Construction Manager shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Construction Manager during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the Contract term. j) No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Construction Manager, or any other party pertaining to any matter resulting from the contract. k) Program Fraud and False or Fraudulent Statements or Related Acts. The Construction Manager acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Construction Manager's actions pertaining to this contract. 1) Uncontrollable Circumstance - Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or RFP—CMAR 88 of 147 blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance to ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. m)Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety,security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. n) Domestic preference for procurements as set forth in 2 CFR §200.322. - The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition,or use of goods,products,or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. RFP—CMAR 89 of 147 (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or Contract as provided in Paragraphs 1.18, 1.19 or 1.20 of the RFP or Article 14 of the General Conditions. This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Construction Manager. (SEAL) OWNER: Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Michelle Coldiron Witnesses: CONSTRUCTION MANAGER AT RISK By: By: Print name: Print name: Date: Title: Date: By: Print name: Date: RFP—CMAR 90 of 147 ATTACHMENT 1 General Conditions of the Contract Table of Articles 1. General Provisions 2. Owner 3. Construction Manager 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Construction Managers 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract RFP—CMAR 91 of 147 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents:The Contract Documents consist of the Agreement between Owner and Construction Manager,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Construction Manager's proposal and supporting documentation.A Modification is (1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the RPR/CA. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written amendment signed by both Owner and Construction Manager. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Construction Manager, (2) between the RPR/CA and Construction Manager, (3) between the Architect and the RPR/CA, (4)between the Owner and a Subcontractor or(5)between any persons or entities other than the Owner and Construction Manager.The Owner shall,however,be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of the RPR/CA and Architect. 1.1.3 The Work:The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Construction Managers and by the Owner's own forces including persons or entities under separate contracts not administered by the County or the RPR/CA. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans,elevations,sections,details,schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual:The Project Manual is the volume usually assembled for the Work which may include the proposal requirements,sample forms, Conditions of the Contract and Specifications. 1.2 Execution,Correlation and Intent 1.2.1 Execution of the Contract by the Construction Manager is a representation that the Construction Manager has visited the site,become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;performance by the Construction Manager shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. AGREEMENT-PRE-CONSTRUCTION SERVICES Page 92 of 70 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Construction Manager in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline,the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect's Drawings,Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Construction Manager is described. The Construction Manager may retain one contract record set.Neither the Construction Manager nor any subcontractor,material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. All copies of them,except the Construction Manager's record set,shall be returned or suitably accounted forto the RPR/CA,onrequest,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to the Project.They are not to be used by the Construction Manager or any subcontractor, material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this license shall bear the statutory copyright notice,if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. 1.3.2 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work.Additional copies may be obtained from the RPR/CA at a fee of$5.00 per page for full size drawings(25 per page for written specifications or 11"x 17"drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are(1)specifically defined, (2)the titles of numbered articles and identified references to Paragraphs,Subparagraphs and Clauses in the document or(3)the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County.The term"Owner"means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner AGREEMENT-PRE-CONSTRUCTION SERVICES Page 93 of 70 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments and charges,required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities,except for permits and fees which are the responsibility of the Construction Manager under the Contract Documents. It is the Construction Manager's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents,the Construction Manager will be furnished two (2)original sealed copies and one(1)electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Construction Manager and may contemporaneously provide the same communications to the Architect. 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Construction Managers),Article 9 (Payments and Completion)and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Construction Manager fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner,by written order signed personally or by an agent specifically so empowered by the Owner,may order the Construction Manager to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Construction Manager or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such three-day period give the Construction Manager a second written notice to correct such deficiencies within a three-day period.If the Construction Manager within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Construction Manager the cost of correcting such deficiencies, including compensation for another Construction Manager or subcontractor, the RPR/CA and Architect's and their respective consultants' additional services and expenses made necessary by such default,neglect or failure. If payments then, or thereafter, due the Construction Manager arenot sufficient to cover such amounts, the Construction Manager shall pay the difference to the Owner.In the event of clean-up issues,Owner has right to provide a minimum of twenty-four(24)hours'notice.In the event of safety issues determined to be of a serious nature,as determined by the RPR/CA,notice will be given,and Construction Manager is required to rectify any deficiency immediately. 3.0 CONSTRUCTION MANAGER 3.1 Definition AGREEMENT-PRE-CONSTRUCTION SERVICES Page 94 of 70 3.1.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number.The term"Construction Manager"means the Construction Manager or the Construction Manager's authorized representative. 3.1.2 The plural term"Construction Managers"refers to persons or entities who perform construction under Conditions of the Contract that are administered by the County and/or,the RPR/CA, and that are identical or substantially similar to these Conditions. 3.2 Review of Contract Documents and Field Conditions by Construction Manager 3.2.1 The Construction Manager shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at oncereport to the RPR/CA and Architect errors, inconsistencies or omissions discovered. The Construction Manager shall not be liable to the Owner,the RPR/CA or Architect for damage resulting from errors,inconsistencies or omissions in the Contract Documents unless the Construction Manager recognized such error, inconsistency or omission and knowingly failed to report it to the RPR/CA and Architect.If the Construction Manager performs any construction activity knowing it involves a recognized error,inconsistency or omission in the Contract Documents without such notice to the RPR/CA and Architect, the Construction Manager shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Construction Manager shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Construction Manager with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the RPR/CA and Architect at once. 3.2.3 The Construction Manager shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Construction Manager shall supervise and direct the Work,using the Construction Manager's best skill and attention. The Construction Manager shall be solely responsible for and have control over construction means, methods,techniques,sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the RPR/CA as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Construction Manager shall be responsible to the Owner for acts and omissions of the Construction Manager's employees,subcontractors and their agents and employees,and other persons performing portions of the Work under a contract with the Construction Manager. 3.3.3 The Construction Manager shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the County in its administration of the Contract,or by test, inspections or approvals required or performed by persons other than the Construction Manager. 3.3.4 The Construction Manager shall inspect portions of the Project related to the Construction Manager's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Construction Manager shall verify that the Construction Documents being worked with are the most recent and updated available,including all Addenda information.Also the Construction Manager will perform the work strictly in accordance with this contract. 3.4 Labor and Materials AGREEMENT-PRE-CONSTRUCTION SERVICES Page 95 of 70 3.4.1 Unless otherwise provided in the Contract Documents,the Construction Manager shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Construction Manager shall enforce strict discipline and good order among the Construction Manager's employees and other persons carrying out the Contract.The Construction Manager shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Construction Manager is responsible for the conduct of his employees at all times.Misconduct,destruction of property,unsafe practices,or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project.If any Construction Manager's employee is determined to be detrimental to the Project, as deemed by the Director of Airports,the Construction Manager will remove and/or replace the employee at the request of the Director of Airports. Employees dismissed from the project will be transported from the job site at the Construction Manager's expense. 3.4.4 The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies,tools,machinery,and construction equipment. 3.4.5 The Construction Manager shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination,fabrication and installation of his materials and equipment.The Construction Manager agrees to cooperate with the RPR/CA, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Construction Manager warrants to the Owner, the RPR/CA and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Construction Manager's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Construction Manager, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the RPR/CA, the Construction Manager shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 Taxes 3.6.1 The Construction Manager shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Construction Manager which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. 3.7 Permits,Fees and Notices 3.7.1 The Construction Manager shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Workwhich are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Construction Managerwill be responsible for all building permit costs or impact fees required for this project.The Construction Manager shall secure and pay for all building and specialty permits including plumbing,electrical,HVAC,etc. AGREEMENT-PRE-CONSTRUCTION SERVICES Page 96 of 70 3.7.2 The Construction Manager shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,building codes,and rules and regulations.However, if the Construction Manager observes that portions of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the RPR/CA, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the RPR/CA, Architect and Owner,the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 Superintendent 3.8.1 The Construction Manager shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Construction Manager,and communications given to the superintendent shall be as binding as if given to the Construction Manager. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case.The superintendent shall be satisfactory to the County and shall not be changed except withthe consent of the County, unless the superintendent proves to be unsatisfactory to the Construction Manager or ceases to be in his employ. 3.9 Construction Manager's Construction Schedule 3.9.1 The Construction Manager,promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the County's approval a Construction Manager's Construction Schedule for the Work.Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work.This schedule,to be submitted within fourteen(14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the County's approval. 3.9.2 The Construction Manager shall cooperate with the County in scheduling and performing the Construction Manager's Work to avoid conflict, delay in or interference with the Work of other Construction Managers or the construction or operations of the Owner's own forces. 3.9.3 The Construction Manager shall conform to the most recent schedules. 3.9.4 The County will schedule and conduct a project meeting at a minimum of one(1)meeting per week which the Construction Manager shall attend in person. At this meeting, the parties can discuss jointly such matters as progress,scheduling,and problems. 3.10 Documents and Samples at the Site 3.10.1 The Construction Manager shall maintain at the site for the Owner one (1)record copy of the Drawings, Specifications,addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction,and in addition approved Shop Drawings,Product Data, Samples and similar required submittals. These shall be available to the County and Architect and shall be delivered to the County for submittal to the Owner upon completion of the Work. RFP—CMAR-- EOC Page 97 of 147 3.11 Shop Drawings,Product Data and Samples 3.11.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Workby the Construction Manager or a subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. 3.11.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work. 3.11.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.11.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Construction Manager proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the RPR/CA and/or Architect/Engineer is subject to the limitations of Subparagraph 4.6.12. 3.11.5 The Construction Manager shall review, approve and submit to the County, in accordance with the schedule and sequence approved by the County, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Construction Manager shall cooperate with the County in the coordination of the Construction Manager's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Construction Managers. Submittals made by the Construction Manager which are not required by the Contract Documents may be returned without action. 3.11.6 The Construction Manager shall perform no portion of the Work requiring submittal and review of Shop Drawings,Product Data, Samples or similar submittals until the respective submittal has been approved by the County. Such Work shall be in accordance with approved submittals. 3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.11.8 The Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the County approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the County and Architect in writing of such deviation at the time of submittal and the County have given written approval to the specific deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the County's approval thereof. 3.11.9 The Construction Manager shall direct specific attention,in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals,to revisions other than those requested by the County and Architect on previous submittals. 3.11.10 Informational submittals upon which the County are not expected to take responsive action may be so identified in the Contract Documents. 3.11.11 When professional certification of performance criteria of materials,systems or equipment is required by the Contract Documents,the County and Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. RFP—CMAR-- EOC Page 98 of 147 3.11.12 If materials specified in the Contract Documents are not available on the present market,the Construction Manager may submit data on substitute materials to the County for approval by the Owner. 3.12 Use of Site 3.12.1 The Construction Manager shall confine operations at the site to areas permitted by law,ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.12.2 The Construction Manager shall coordinate the Construction Manager's operations with, and secure the approval of,the County before using any portion of the site. 3.13 Cutting and Patching 3.13.1 The Construction Manager shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.13.2 The Construction Manager shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Construction Managers by cutting,patching, excavating or otherwise altering such construction. The Construction Manager shall not cut or otherwise alter such construction by other Construction Managers or by the Owner's own forces except with written consent of the County, Owner and such other Construction Managers: such consent shall not be unreasonably withheld. The Construction Manager shall not unreasonably withhold from the other Construction Managers or the Owner the Construction Manager's consent to cutting or otherwise altering the Work.When structural members are involved,the written consent of the County shall also be required. The Construction Manager shall not unreasonably withhold from the County or any separate Construction Manager his/her consent to cutting or otherwise altering the Work. 3.13.3 The Construction Manager shall arrange for any block outs, cutouts, or openings required for the installation of his/her materials and equipment and the execution of his/her work,whether or not shown or indicated on the Drawings. The Construction Manager shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block- out, cutout opening, or other hole in any fire-related floor, ceiling,wall, security wall, or any other finished surface. 3.14 Cleaning Up 3.14.1 The Construction Manager shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Construction Manager shall remove from and about the project waste materials rubbish,the Construction Manager's tools, construction equipment, machinery, and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 3.14.2 If the Construction Manager fails to clean up as provided in the Contract Documents, The County may do so and the cost thereof shall be charged to the Construction Manager. 3.15 Access to Work 3.15.1 The Construction Manager shall provide the Owner, CA/RPR, and Architect access to the Work in preparation and progress wherever located. 3.16 Royalties and Patents 3.16.1 The Construction Manager shall pay all royalties and license fees.The Construction Manager shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss RFP—CMAR-- EOC Page 99 of 147 on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents.However, if the Construction Manager has reason to believe that the required design, process or product is an infringement of a patent, the Construction Manager shall be responsible for such loss unless such information is promptly furnished to the Architect and the County. 3.17 Indemnification and Hold Harmless 3.17.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified parry by reason of,or in connection with,(A)any activity of Construction Manager or any of its employees,agents,Construction Managers or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub-Construction Managers or other invitees,or(C)Construction Manager'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, Construction Managers or invitees (other than Construction Manager). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F.S.725.06.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 that the completion of the project(to include the work of others)is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance,the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager,the Construction Manager agrees and warrants that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County'sbehalf. The first ten dollars($10.00)of remuneration paid to the Construction Manager is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term"Architect"means the Architect or the Architect's authorized representative. 4.2 RPR/CA 4.2.1 Jacobs Project Management Co. is the person or entity identified as RPR/CA in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "RPR/CA" means Monroe County's authorized representative. 4.3 Duties,responsibilities and limitations of authority of the RPR/CA and Architect as set forth in the Contract RFP—CMAR-- EOC Page 100 of 147 Documents shall not be restricted, modified or extended without written consent of the Owner, the RPR/CA,Architect and Construction Manager.Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 The RPR/CA and Architect/Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2.The RPR/CA and Architect/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 The RPR/CA and Architect/Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work,and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.6.3 The RPR/CA will provide for coordination of the activities of other Construction Managers and of the Owner's own forces with the Work of the Construction Manager, who shall cooperate with them. The Construction Manager shall participate with other Construction Managers and the RPR/CA and Owner in reviewing their construction schedules when directed to do so.The Construction Manager shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Construction Manager, other Construction Managers,the RPR/CA and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 The RPR/CA and/or Architect/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the RPR/CA and/or Architect/Engineer will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect/engineer,the RPR/CA will keep the Owner informed of progress of the Work,and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 The RPR/CA will not have control over or charge of and will not be responsible for construction means, method,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Construction Manager's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Construction Manager's failure to carry out the Work in accordance with the Contract Documents.Neither the RPR/CA nor the Architect will have control over,or charge of, or be responsible for acts or omissions of the Construction Manager, subcontractors, or their agents or employees,or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Construction Manager shall communicate through the RPR/CA, and shall contemporaneously provide the same communications to the Architect/Engineer.Communications by and with the Architect's consultants shall be through the Architect. Communications by and with subcontractors and material suppliers shall be through the Construction Manager. Communications by and with other Construction Managers shall be through the RPR/CA and shall be contemporaneously provided to the Architect. RFP—CMAR-- EOC Page 101 of 147 4.6.8 The RPR/CA will review and certify all Applications for Payment by the Construction Manager,including final payment.The RPR/CA will assemble each of the Construction Manager's Applications for Payment with similar Applications from other Construction Managers into a Project Application for Payment.After reviewing and certifying the amounts due the Construction Managers,the Project Application for Payment, along with the applicable Construction Managers' Applications for Payment, will be processed by the RPR/CA. 4.6.9 Based on the RPR/CA observations and evaluations of Construction Managers'Applications for Payment, the RPR/CA will certify the amounts due the Construction Managers and will issue a Project Approval for Payment. 4.6.10 The RPR/CA and/or the Architect/Engineer will have authority to reject Work which does not conform to the Contract Documents,and to require additional inspection or testing,in accordance with Subparagraphs 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed,but will take such action only after notifying the RPR/CA. Subject to review,the RPR/CA will have the authority to reject Work which does not conform to the Contract Documents. Whenever the RPR/CA considers it necessary or advisable for implementation of the intent of the Contract Documents,the RPR/CA will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.The foregoing authority of the RPR/CA will be subject to the provisions of Subparagraphs 4.617 through 4.619 inclusive, with respect to interpretations and decisions of the Architect/Engineer. However,neither the Architect's/Engineer's nor the RPR/CA authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer or the RPR/CA to the Construction Manager, subcontractors,material and equipment suppliers,their agents or employees,or other persons performing any of the Work. 4.6.11 The Architect/Engineer will receive from the Construction Manager and review and approve all Shop Drawings,Product Data and Samples,coordinate them with information received from other Construction Managers,and review those recommended for approval.The Architect/Engineer actions will be taken with such reasonable promptness as to cause no delay in the Work of the Construction Manager or in the activities of other Construction Managers or the Owner. 4.6.12 The Architect/Engineer will review and approve or take other appropriate action upon the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed inthe Contract Documents. The Architect/Engineer action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Construction Manager or in the activities of the other Construction Managers,the Owner,or the RPR/CA,while allowing sufficient time to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Construction Manager as Construction Manager as required by the Contract Documents. The Architect/Engineer review of the Construction Manager's submittals shall not relieve the Construction Manager of the obligations under Paragraphs 3.3,3.5 and 3.12. The Architect/Engineer review shall not constitute approval of safety precautions or,unless otherwise specifically stated by Architect/Engineer,of any construction means,methods,techniques,sequences or procedures.The Architect/Engineer approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The RPR/CA will prepare Change Orders and Construction Change Directives. 4.6.14 Following consultation with the Owner,the RPR/CA will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.3. RFP—CMAR-- EOC Page 102 of 147 4.6.15 The Construction Manager will assist the RPR/CA and/or the Architect/Engineer in conducting inspections to determine the dates of Substantial completion and final completion,and will receive and forward to the RPR/CA written warranties and related documents required by the Contract and assembled by the Construction Manager.The RPR/CA will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 The RPR/CA and/or the Architect/Engineer will provide one(1)or more project representatives to assist in carrying out his/her responsibilities at the site. The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.17 The RPR/CA will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Construction Manager.The RPR/CA response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the RPR/CA shall be furnished in compliance with this Paragraph 4.6.17, then delay shall not be recognized on account of failure by the RPR/CA to furnish such interpretations until fifteen(15)days after written request is made for them. 4.6.18 Interpretations and decisions of the RPR/CA and the Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the RPR/CA and Architect/Engineer will endeavor to secure faithful performance by both Owner and Construction Manager,will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.19 The RPR/CA decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition.A Claim is a demand or assertion by one of the parties seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Construction Manager arising out of or relating to the Contract. Claims must be made by written notice.The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer.The Construction Manager and the Owner shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen(15)days of the dispute or claim.Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit,Monroe County,Florida. 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21)days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Construction Manager seeks to make a claim for an increase in the contract price,as a condition precedent to any liability of the Owner therefore,unless emergency conditions exist, the Construction Manager shall strictly comply with the requirements of this Section and such claim shall be made by the Construction Manager before proceeding to execute any work RFP—CMAR-- EOC Page 103 of 147 for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Construction Manager of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 1. liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; 2. failure of the Work to comply with the requirements of the Contract Documents;or 3. terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site whichare (1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. The RPR/CA and the Architect/Engineer will promptly investigate such conditions,and the parties will follow the procedure in paragraph 4.7.2. 4.7.6.1 As a condition precedent to the Owner having any liability to the Construction Manager due to concealed and unknown conditions,the Construction Manager must give the Owner and Owner Engineer written notice of,and an opportunity to observe,such condition prior to disturbing it.The failure by the Construction Manager to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Construction Manager of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Construction Manager wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Construction Manager believes additional cost is involved for reasons including but not limited to(1)a written interpretation from the RPR/CA and/or Architect/Engineer,(2)awritten order for a minor change in the Work issued by the RPR/CA, (3) failure of payment by the Owner, (4) termination of the Contract by the Owner,(5)Owner's suspension or(6)other reasonable grounds,a Claim shall be filed in accordance with the procedure established herein.In a claim by the Construction Manager against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Construction Manager shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Construction Manager or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Construction Manager wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated,and that weather conditions had an adverse effect on the scheduled RFP—CMAR-- EOC Page 104 of 147 construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,of any of the other parry's employees or agents,or of others for whose acts such party is legally liable,written notice of such injury or damage, whether or not insured,shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter.If a Claim for additional cost or time related to this Claim is to be asserted,it shall be filed as provided in Subparagraphs 4.7.7 or4.7.8. 5.0 SUBCONTRACTORS AND SUB-SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Construction Manager to perform a portion of the Work at the site. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Construction Manager, as soon as practicable after award of the Contract, shall furnish in writing to the RPR/CA for review by the Owner and the RPR/CA the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.The RPR/CA will promptly reply to the Construction Manager in writing stating whether or not the Owner or the RPR/CA, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the RPR/CA to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Construction Manager shall not contract with a proposed person or entity to which the Owner or the RPR/CA has made reasonable and timely objection. The Construction Manager shall not be required to contract with anyone to whom the Owner or the RPR/CA has made reasonable objection. 5.2.3 If the Owner or the RPR/CA refuses to accept any person or entity on a list submitted by the Construction Manager in response to the requirements of the Contract Documents, the Construction Manager shall submit an acceptable substitute.However,no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Construction Manager shall not change a subcontractorpreviously selected if the Owneror the RPR/CA makes reasonable objection to such change. 5.3 Subcontractual Relations 5.31 By appropriate written agreement,the Construction Manager shall require each subcontractor,to the extent of the Work to be performed by the subcontractor,to be bound to the Construction Manager by terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager,by these Documents,assumes toward the Owner or the RPR/CA.Each subcontract agreement shall preserve and protect the rights of the Owner or the RPR/CA under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Construction Manager to the RFP—CMAR-- EOC Page 105 of 147 Owner provided that: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety,if any,obligated under public construction bond covering the Contract. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONSTRUCTION MANAGERS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces,which include persons or entities under separate contracts not administered by the RPR/CA.The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the RPR/CA,the Owner shall provide for coordination of such forces with the Work of the Construction Manager who shall cooperate with them. 6.1.3 It shall be the responsibility of the Construction Manager to coordinate his/her work with the work of other Construction Managers on the site. The Owner and the RPR/CA shall be held harmless for any and all costs and time increases associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Construction Manager shall afford the Owner's own forces, the RPR/CA and other Construction Managers reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Construction Manager's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Construction Manager's Work depends for proper execution or results uponconstruction or operations by the Owner's own forces or other Construction Managers,the Construction Manager shall, prior to proceeding with that portion of the Work, promptly report to the RPR/CA any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Construction Manager so to report shall constitute an acknowledgment that the Owner's own forces or other Construction Managers' completed or partially completed construction is fit and proper to receive the Construction Manager's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Construction Manager. The Construction Manager's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Construction Manager shall promptly remedy damage wrongfully caused by the Construction Manager to completed or partially completed construction or to property of the Owner or other Construction Managers as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Construction Manager and other Construction Managers shall be subject to the provisions of Paragraph 4.7 provided the other Construction Managers have reciprocal obligations. RFP—CMAR-- EOC Page 106 of 147 6.2.6 The Owner and other Construction Managers shall have the same responsibilities for cutting and patching as are described for the Construction Manager in Paragraph 3.14. 6.2.7 Should the Construction Manager contend that he/she is entitled to an extension of time for completion of any portion or portions of the work,he/she shall,within seventy-two (72)hours of the occurrence of the cause of the delay,notify the RPR/CA in writing,of his/her contention:setting forth(A)the cause for the delay, (B) a description of the portion or portions of work affected thereby, and(C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Construction Manager to the RPR/CA within seventy-two (72)hours after the delay has ceased to exist. 1. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and,if the Construction Manager fails to comply,he/she shall be deemed to have waived the claim. 2. The Construction Manager agrees that whether or not any delay,regardless of cause,shall be the basis for an extension of time he/she shall have no claim against the Owner or the RPR/CA for an increase in the Contract price,nor a claim against the Owner or the RPR/CA for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Construction Manager have any claim for damage, loss or expense resulting from interruptions to,or suspension of,his/her work to enable other Construction Managers to perform their work. The only remedy available to the Construction Manager shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Construction Manager,other Construction Managers and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15,the Owner may clean up and allocate the cost among those responsible as the RPR/CA determines to be just. 7.0 CHANGES IN THE WORK 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner,the RPR/CA,the Architect/Engineer, and Construction Manager. A Construction Change Directive require agreement by the Owner, the RPR/CA and may or may not be agreed to by the Construction Manager.An order for a minor change in the Work may be issued by the RPR/CA alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Construction Manager shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Construction Manager,the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by the RPR/CA and signed by the Owner,the RPR/CA, RFP—CMAR-- EOC Page 107 of 147 the Architect/Engineer,and Construction Manager stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum,if any;and .3 the extent of the adjustment in the Contract Time,if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: 1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and amutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Construction Manager, provided a written order signed by the Owner or the RPR/CA is received,shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and the RPR/CA. The daily force account forms shall identify Construction Manager and/or Subcontractor personnel by name,total hours for each man,each piece of equipment and total hours for equipment and all material(s)by type for each extra Work activity claim. Each daily force account form shall be signed by the designated RPR/CA no later than the close of business on the day the Work is performed to verify the items and hours listed.Extended pricing of these forms shall be submitted to the RPR/CA with all supporting documentation required by the RPR/CA for inclusion into a change order.Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials,including sales tax and cost of delivery; cost of labor,including social security,old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by the RPR/CA. The amount of credit to be allowed by the Construction Manager for any deletion or change,which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by the RPR/CA.When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase,if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance.No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above,bond or bonds,superintendent,timekeeper,clerks,watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work(other than those covered by unit prices set forth in the Contract Documents)shall be computed as follows: .1 If the Construction Manager performs the actual Work,the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent(5%); RFP—CMAR-- EOC Page 108 of 147 .2 If the Subcontractor performs the actual Work, the Subcontractor Manager's percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%). If the Construction Manager does not perform the Work,the maximum mark-up for managing the Work will be five percent(5%); .3 If the Subcontractor performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent(10%)on his/her direct Work only.If the Construction Manager performs part of the actual Work,his/her percentage mark- up for overhead and profit shall be a maximum addition of ten percent(10%)on his direct Work only. 7.2.5 The Construction Manager shall furnish to the Owner through the RPR/CA,an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.Any additional supporting documentation requested by the RPR/CA such as certified quotations or invoices shall be provided by the Construction Manager to the RPR/CA at no additional cost to the Owner. 7.2.6 If the Construction Manager claims that any instructions given to him/her by the RPR/CA,by drawings or otherwise,involve extra Work not covered by the Contract,he/she shall give the RPR/CA written notice thereof within five(5)days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property,in which case the Construction Manager shall proceed in accordance with Paragraph 10.3. 1 The written notice to the RPR/CA for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed.Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Construction Manager. 7.2.7 Unless otherwise agreed in writing, the Construction Manager shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Construction Manager in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Construction Manager shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 One or more changes to the Work within the general scope of this Contract,may be ordered by Change Order. The Owner may also issue written directions for changes in the Work and may issue Construction Change Directives, as set forth below. The Construction Manager shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution of a Change Order by the Construction Manager shall constitute conclusive evidence of the Construction Manager's agreement to the ordered changes in the work,this Contract as thus amended,the Contract Price and the time for performance by the Construction Manager.The Construction Manager,by executing the Change Order,waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Construction Manager knew or should have known. 7.3 Authority 7.3.1 The RPR/CA will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the RPR/CA and shall be RFP—CMAR-- EOC Page 109 of 147 binding on the Owner and Construction Manager.The Construction Manager shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed per this Agreement.The date shall not be postponed by the failure to act of the Construction Manager or of persons or entities for which the Construction Manager is responsible. 8.1.3 The date of Substantial Completion is the date certified by the RPR/CA in accordance with Paragraph 9.7. 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Construction Manager. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Construction Manager confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Construction Manager shall not knowingly, except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article i i to be furnished by the Construction Manager. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Construction Manager shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Construction Manager is delayed, at any time,in the progress of the Work by any act orneglect of the Owner, the RPR/CA, or the Architect/Engineer, or by any employee of either, or by any separate Construction Manager employed by the Owner, or by changes ordered in the Work, or by fire,unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Construction Manager's control, or by delay authorized by the Owner, the RPR/CA,or by any other cause which the RPR/CA determines may justify the delay,then the Contract Time shall be extended by no cost Change Order for such reasonable time as the RPR/CA may determine, in accordance with subparagraph 6.2.7. 8.3.2 Any claim for extension of time shall be made in writing to the RPR/CA not more than Seventy- two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Construction Manager shall report the termination of the cause for the delay within seventy-two(72)hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions RFP—CMAR-- EOC Page 110 of 147 of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Construction Manager's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his/her refusal or failure to carry the Work forward expeditiously with adequate forces,the Construction Manager causing the delay shall be liable for,but not limited to,delay claims from other Construction Managers which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments, is the total amount payable by the Owner to the Construction Manager for performance of the Work under the Contract Documents. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Construction Manager shall submit to the RPR/CA, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen(15)days before the date established for each progress payment,the Construction Manager shall submit to the RPR/CA an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Construction Manager's right to payment as the Owner or the RPR/CA may require, such as copies of requisitions from subcontractors and material suppliers,and reflecting retainage if provided for elsewhere in the Contract Documents. 1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. .2 Such applications may not include requests for payment of amounts the Construction Manager does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Construction Manager with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s)for said materials,less retainage per Sec. 00500, 5.6.1-5.8 and F.S.218.735(8)(a). 9.3.3 The Construction Manager warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Construction Manager further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously RFP—CMAR-- EOC Page 111 of 147 issued and payments received from the Owner shall,to the best of the Construction Manager's knowledge, information and belief,be free and clear of liens,claims security interests or encumbrances in favor of the Construction Manager, subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All subcontractors shall execute an agreement stating that title will so pass,upon their receipt of payment from the Construction Manager. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractors,laborer or materialmen.Such persons must seek payment from the Construction Manager or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The RPR/CA will assemble a Project Application for Payment by combining the Construction Manager's applications with similar applications for progress payments from other Construction Managers and certify the amounts due on such applications. 9.4.2 After the RPR/CA's receipt of the Project Application for Payment,the RPR/CA will either approve the Application for Payment, with a copy to the Construction Manager, for such amount as the RPR/CA determine is properly due, or notify the Construction Manager in writing of the RPR/CA's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by the RPR/CA to the Owner,based on their individual observations at the site and the datacomprising the Application for Payment submitted by the Construction Manager,that the Work has progressed to the point indicated and that,to the best of the RPR/CA's knowledge,information and belief,quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections,to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the RPR/CA. The issuance of a separate Approval for Payment will further constitute a representation that the Construction Manager is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that the RPR/CA has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)reviewed the Construction Manager's construction means, methods,techniques, sequences or procedures, (3)reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 The RPR/CA may decline to approve an Application for Payment if,in his opinion,the application is not adequately supported. If the Construction Manager and the RPR/CA cannot agree on a revised amount,the RPR/CA shall process the Application for the amount it deems appropriate.The RPR/CA may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1)defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3)failure of the Construction Manager to make payments properly to subcontractors or for labor,materials,or equipment; (4)reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;(5)damage to the RPR/CA, the Owner,or another Construction Manager working at the project;(6)reasonable evidence that the Work will not be completed within the contract time; (7)persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Construction Manager until certificates of insurance or other evidence of compliance by the Construction Manager,with all the requirements of Article 11,have been filed with the Owner and the RPR/CA. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts RFP—CMAR-- EOC Page 112 of 147 previously withheld. 9.6 Progress Payments 9.6.1 After the RPR/CA has issued an Approval for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents and shall so notify the RPR/CA.From the total of the amount determined to be payable on a progress payment,a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. 1. It is understood and agreed that the Construction Manager shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the RPR/CA to be a part of the final quantity for the item of Work in question. 2. No progress payment shall bind the Owner to the acceptance of any materials or Work in place,as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Construction Manager shall promptly pay each subcontractor, upon receipt of payment from the Owner,out of the amount paid to the Construction Manager on account of such subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Construction Manager on account of such subcontractor's portion of the Work. The Construction Manager shall,by appropriate agreement with each subcontractor,require each subcontractor to make payments to sub-subcontractors in similar manner. 9.6.3 The RPR/CA will,on request,furnish to a subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Construction Manager and action taken thereon by the Owner and the RPR/CA on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor the RPR/CA shall have an obligation to pay,or to see to,the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner,and by this provision shall not be construed as relieving the Construction Manager from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material,or as a waiver of the right of the Owner or the RPR/CA to require the fulfillment of all the terms of the Contract. Except in case of bona fide disputes,or where the Construction Manager has some other justifiable reason for delay,the Construction Manager shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials,tools, and other expendable equipment which are delivered at the site of the Project. The Construction Manager shall pay to each of his Subcontractors,not later than the end of the calendar month in which each payment is made to the Construction Manager, the representative amount allowed the Construction Manager on account of the Work performed by the Subcontractor. The Construction Manager shall,by an appropriate RFP—CMAR-- EOC Page 113 of 147 agreement with each Subcontractor,also require each Subcontractor to make payments to his/her suppliers and Sub-subcontractors in a similar manner. 9.7 Substantial Completion 9.7.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.7.2 When the Construction Manager considers that the Work,or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a comprehensive list of items to be completed or corrected. The Construction Manager shall proceed promptly to complete and correct items on the list.Failure to include an item on such list does not alter the responsibility of the Construction Manager to complete all Work in accordance with the Contract Documents.Upon receipt of the list,the RPR/CA will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list,which is not in accordance with the requirements of the Contract Documents,the Construction Manager shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the RPR/CA. The Construction Manager shall then submit a request for another inspection by the RPR/CA,to determine Substantial Completion.When the Work or designated portion thereof is substantially complete,the RPR/CA will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Construction Manager for security, maintenance,heat, utilities,damage to the Work and insurance,and shall fix the time within which the Construction Manager shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. 9.7.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Construction Manager and certification by the RPR/CA, the Owner shall make payment, reflecting adjustment in retainage,if any,for such Work or portion thereof as provided in the Contract Documents. 9.8 Partial Occupancy or Use The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Construction Manager,provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Construction Manager have accepted in writing the responsibilities assigned to each of them for payments,retainage if any, security,maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Construction Manager considers a portion substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Construction Manager to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Construction Manager or, if no agreement is reached,by decision of the RPR/CA. 9.8.1 Immediately prior to such partial occupancy or use,the Owner,the RPR/CA and Construction Manager shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.8.2 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. RFP—CMAR-- EOC Page 114 of 147 9.9 Final Completion and Final Payment 9.9.1 Upon completion of the Work,the Construction Manager shall forward to the RPR/CA a written Notice that the Work is ready for final inspection and acceptance and shall also forward to the RPR/CA a final Construction Manager's Application for Payment. Upon receipt, the RPR/CA will promptly make such inspection.When the RPR/CA,finds the Work acceptable under the Contract Documents and the Contract fully performed,the RPR/CA will promptly issue a final Approval for Payment stating that to the best of their knowledge,information and belief,and on the basis of their observations and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Construction Manager and noted in said final Approval is due and payable. The RPR/CA's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Construction Manager's being entitled to final payment have been fulfilled. 9.9.2 Neither final payment nor any remaining retained percentage shall become due until the Construction Manager submits to the RPR/CA(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made,is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner, (3) a written statement that the Construction Manager knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens, claims,security interests or encumbrances arising out of the Contract. The following documents(samples included in Section 01027,Application for Payment)are required for Final Payment: (1)Application and Certificate for Payment. (2)Continuation Sheet. (3)Certificate of Substantial Completion. (4)Construction Manager's Affidavit of Debts and Claims. (5)Construction Manager's Affidavit of Release of Liens. (6)Final Release of Lien. (7) Construction Manager shall provide two(2)hard copies in tabulated divided binders and one (1)saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form(i.e. flash drive)of all the following but not limited to: A. Project Record Documents(As Built Documents). B. Operating and maintenance data,instructions to the Owner's personnel. C. Warranties,bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release(includes final release from all utilities and utility companies). 9.9.3 Acceptance of final payment by the Construction Manager, a Subcontractor or material supplier shall RFP—CMAR-- EOC Page 115 of 147 constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.10 Payment of Subcontractors 9.10.1 Any requirement of this Article 9 that the Construction Manager furnish proof to the Owner or the RPR/CA that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Construction Manager and the surety that provided the Construction Manager's Public Construction Bond.The Construction Manager must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Construction Manager shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.The Construction Manager shall submit the Construction Manager's safety program to the RPR/CA for review, approval and coordination with the safety programs of other Construction Managers. 10.1.2 In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl(PCB)which has not been rendered harmless,the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing.The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Construction Manager if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl(PCB),or when it has been rendered harmless,by written agreement of the Owner and Construction Manager. 10.1.3 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl(PCB). 10.1.4 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Construction Manager, the Construction Manager shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager and the RPR/CA shall then proceed in the same manner described in Subparagraph 10.1.2. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Construction Manager and,in the event such material or substance is found to be present,to verify that it has been rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Construction Manager and the RPR/CA the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Construction Manager and the RPR/CA will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner.If the Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Construction Manager shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: RFP—CMAR-- EOC Page 116 of 147 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Construction Manager or the Construction Manager's Subcontractors or Sub-subcontractors; 3. other property at the site or adjacent thereto,such as trees,shrubs,lawns, walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction;and 4. construction or operations by the Owner or other Construction Managers. 10.2.2 The Construction Manager shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. 10.2.3 The Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Construction Manager shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3,and 10.2.1.4 caused in whole or in part by the Construction Manager,a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Construction Manager is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4,except damage or loss attributable to acts or omissions of the Owner,the RPR/CA or Architect/Engineer or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,and not attributable to the fault or negligence of the Construction Manager. The foregoing obligations of the Construction Manager are in addition to the Construction Manager's obligations under Paragraph 3.18. 10.2.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 10.2.7 The Construction Manager shall not load or permit any part of the construction or site to be loadedso as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Construction Manager shall act, at the Construction Manager's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. RFP—CMAR-- EOC Page 117 of 147 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract(including the pre-staging of personnel and material),the Construction Manager shall obtain,at its own expense,insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Construction Manager will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Construction Manager. As an alternative,the Construction Manager may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Construction Manager will not be permitted to commence Work governed by the Agreement (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 Construction Manager to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.3 The Construction Manager 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 required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Construction Manager to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time,except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.4 The Construction Manager shall provide,to the County in care of the RPR/CA as satisfactory evidence of the required insurance,either: Certificate of Insurance or a certified copy of the actual insurance policy. 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation,nonrenewal,material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given tothe County by the insurer. 11.1.7 The acceptance and/or approval of the Construction Manager's insurance shall not be construed as relieving the Construction Manager from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies,except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance:See Section 00130,Insurance Requirements and Forms,for the minimum requirements. 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of RFP—CMAR-- EOC Page 118 of 147 Florida. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the RPR/CA's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the RPR/CA, be uncovered for their observation and be replaced at the Construction Manager's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the RPR/CA has not specifically requested to observe prior to its being covered,the RPR/CA may request to see such Work and it shall be uncovered by the Construction Manager,if such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the Contract Documents, the Construction Manager shall pay such costs unless the condition was caused by the Owner or one of the other Construction Managers in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Construction Manager shall promptly correct Work rejected by the RPR/CA and/or Architect/Engineer or failing to conform to the requirements of the Contract Documents,whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager shall bear costs of correcting such rejected Work,including additional testing and inspections and compensation for the RPR/CA's services and expenses made necessary thereby. 12.2.2 If,within one(1)year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Construction Manager shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Construction Manager a written acceptance of such condition. This period of one (1)year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Construction Manager shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Construction Manager nor accepted by the Owner. 12.2.4 If the Construction Manager fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Construction Manager does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the RPR/CA,the Owner may remove it and store the salvageable materials or equipment at the Construction Manager's expense. If the Construction Manager does not pay costs of such removal and storage within ten(10)days after written notice,the Owner may upon ten(10)additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Construction Manager, including compensation for the RPR/CA's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Construction Manager should have borne,the Contract Sum shall be reduced by the deficiency.If payments then or thereafter due the Construction Manager are not sufficient to cover such amount,the Construction Manager shall pay the difference to the Owner. 12.2.5 The Construction Manager shall bear the cost of correcting destroyed or damaged construction,whether RFP—CMAR-- EOC Page 119 of 147 completed or partially completed, of the Owner or other Construction Managers caused by the Construction Manager's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Construction Manager might have under the Contract Documents. Establishment of the time period of one (1)year as described in Subparagraph 12.2.2,relates only to the specific obligation of the Construction Manager to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Construction Manager's liability with respect to the Construction Manager's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.31 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida.Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner and the Construction Manager each binds himself/herself,his/her partners,successors,assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents.Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Construction Manager shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or the RPR/CA. 13.3 Not used. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations,rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner,the RPR/CA,Architect or Construction Manager shall constitute a waiver of a right or duty afforded them under the contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.Unless otherwise provided,the Construction Manager shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals. RFP—CMAR-- EOC Page 120 of 147 The Construction Manager shall give the RPR/CA timely notice of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the RPR/CA,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Subparagraph 13.5.1,the RPR/CA will,upon written authorization from the Owner,instruct the Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Construction Manager shall give timely notice to the RPR/CA of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing,inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Construction Manager shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the RPR/CA's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents,be secured by the Construction Manager and promptly delivered to the RPR/CA. 13.5.5 If the RPR/CA is to observe tests, inspections or approvals required by the Contract Documents, the RPR/CA will do so promptly and,where practicable,at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)(C),Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT Either party may terminate the Contract as provided for in the RFP. 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Construction Manager: 1. persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Construction Manager and the Subcontractors; 3. persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or 4. Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with the RPR/CA, and upon certification by the RPR/CA that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Construction Manager and the Construction Manager's surety,if any,seventy-two(72)hours written notice,terminate employment of the Construction Manager and may,subject to any prior rights of the surety: RFP—CMAR-- EOC Page 121 of 147 1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Construction Manager; .2 accept assignment of subcontracts pursuant to Paragraph 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1.the Construction Manager shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may,without cause,order the Construction Manager in writing to terminate,suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination,the Owner shall pay for work completed to date of Termination. 14.3 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101,which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States,unless the Federal Aviation Administration has issued a waiver for the product;the product is listed as an Excepted Article,Material Or Supply in Federal Acquisition Regulation subpart 25.108;or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer.The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY As a matter of bid responsiveness,the bidder or offeror must complete,sign,date,and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other(i.e.not both)by inserting a checkmark(✓)or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States;or b) Installing manufactured products for which the Federal Aviation Administration(FAA)has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing;or c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the bidder or offeror agrees: • To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. • To faithfully comply with providing U.S.domestic products. RFP—CMAR-- EOC Page 122 of 147 • To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: a) To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S.domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. d) To furnish U.S.domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver—The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the"facility".The required documentation for a Type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100 percent U.S.domestic content(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non- domestic products in their entirety). b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total"facility"component and subcomponent costs,excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver—Total cost of project using U.S.domestic source product exceeds the total project cost using non- domestic product by 25 percent.The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S.domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126,this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code. Date Signature Company Name Title RFP—CMAR-- EOC Page 123 of 147 Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓)or the letter"X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; b) Installing manufactured products for which the Federal Aviation Administration(FAA)has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing;or c) Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing U.S.domestic product. 3. To furnish U.S.domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a)but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement,the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening,a formal waiver request and required documentation that supports the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing U.S.domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract,unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver—The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the "item". The required documentation for a Type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content(Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents,excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total"item" component and subcomponent costs,excluding labor costs associated with final assembly at place of manufacture. RFP—CMAR-- EOC Page 124 of 147 Type 4 Waiver—Total cost of project using U.S. domestic source product exceeds the total project cost using non-domestic product by 25 percent. The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S.domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC §47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title 14.4 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 14.4.1 Title VI Solicitation Notice: The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4)and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises]will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the RFP—CMAR-- EOC Page 125 of 147 contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 14.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); RFP—CMAR-- EOC Page 126 of 147 • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 — 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 14.6 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 14.6.1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 14.6.2 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1)of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for 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 (1)of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this clause. 14.6.3 Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA)or the Owner 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 moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this clause. 14.6.4 Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any RFP—CMAR-- EOC Page 127 of 147 subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this clause. 14.7 COPELAND "ANTI-KICKBACK"ACT Contractor must comply with the requirements of the Copeland "Anti-Kickback"Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. 14.8 DAVIS-BACON REQUIREMENTS 14.8.1. Minimum Wages. (i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent 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 such laborers or mechanics, subject to the provisions of paragraph (1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or 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 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii)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. (ii)(A)The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; (2)The classification is utilized in the area by the construction industry; and RFP—CMAR-- EOC Page 128 of 147 (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) 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, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(ii) (B)or (C)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 14.8.2. Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration 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. RFP—CMAR-- EOC Page 129 of 147 14.8.3. Payrolls and Basic Records. (i) 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 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B)of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the Contractor shall maintain records that 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 that 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. (ii)(A)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) 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: (1)The payroll for the payroll period contains the information required to be provided under 29 CFR§ 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) 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 RFP—CMAR-- EOC Page 130 of 147 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; (3) 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. (C)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 (3)(ii)(B)of this section. (D)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. (iii)The Contractor or subcontractor shall make the records required under paragraph (3)(i)of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 14.8.4. Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the 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 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 applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the RFP—CMAR-- EOC Page 131 of 147 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. (ii)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 than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved 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 on 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 that 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. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 14.8.5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 14.8.6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1)through (10)and such other clauses as the Federal Aviation Administration 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 Part 5.5. 14.8.7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 14.8.8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. RFP—CMAR-- EOC Page 132 of 147 14.8.9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors)and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 14.8.10. Certification of Eligibility. (i) 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). (ii) 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). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 14.9 CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 14.10 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 14.11 TEXTING WHEN 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 Federal Aviation Administration 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 subgrant. 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 that involve driving a motor vehicle in performance of work activities associated with the project. 14.11 ENERGY CONSERVATION REQUIREMENTS RFP—CMAR-- EOC Page 133 of 147 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620 let seq). 14.12 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the 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, the Contractor agrees as follows: (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, 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 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 considerations for employment without regard to race, color, religion, sex, or national origin. (3) 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 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 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. (4)The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives 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. (5)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. (6)The Contractor will furnish all information and reports required by Executive Order 11246 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 contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) 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 RFP—CMAR-- EOC Page 134 of 147 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 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. (8)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency 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 administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 14.13 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 14.13.1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to 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); (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 maintaining identifiable tribal affiliations through membership and participation or community identification). 14.13.2. 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 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. 14.13.3. If the Contractor is participating (pursuant to 41 CFR part 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 shall 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 RFP—CMAR-- EOC Page 135 of 147 individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 14.13.4. The Contractor shall implement the specific affirmative action standards provided in sub- paragraphs 14.13.7a through 14.13.7.p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area 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 be obtained from any Office of 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. 14.13.5. 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, or the regulations promulgated pursuant thereto. 14.13.6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 14.13.7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. 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 all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' 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, or 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. RFP—CMAR-- EOC Page 136 of 147 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 female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include 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 compiled 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 boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and 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 workforce. 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 discriminatory effect by continually monitoring all personnel and RFP—CMAR-- EOC Page 137 of 147 employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be 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 supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 14.13.8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (14.13.7.a through 14.13.7.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 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce 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. 14.13.9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 14.13.10. 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. 14.13.11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 14.13.12. 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 Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 14.13.13. 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 part 60-4.8. RFP—CMAR-- EOC Page 138 of 147 14.13.14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 14.13.15. 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). 14.14 CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, 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 Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or 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 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, 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 agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 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. 14.16 PROHIBITION OF SEGREGATED FACILITIES (a)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. RFP—CMAR-- EOC Page 139 of 147 (b)"Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, 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 that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. 14.16 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 products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: 3� The contract requires procurement of$10,000 or more of a designated item during the fiscal year; or 4� The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products. Section 6002©establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: 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) Is only available at an unreasonable price. 14.17 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror— 4) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 5) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 6) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. RFP—CMAR-- EOC Page 140 of 147 The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 4) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 5) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 6) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 14.19 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632)owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. RFP—CMAR-- EOC Page 141 of 147 ATTACHMENT 2 SCOPE OF WORK 1. The CMAR is expected to provide the following work: • Provide pre-construction services which include, but are not limited, to defining value engineering opportunities, as well as construction methods and materials to minimize project costs and work with County staff and the selected A/E firm in the design phase. Perform the work in a safe manner with acceptable quality, minimizing impacts to airport operations; • Competitively bid the work packages to qualified sub-contractors, in accordance with Monroe County purchasing policies and procedures as outlined by the County (exhibit A) and develop a GMP; • Manage the construction work and improvements that constitute the Project; • Serve as a Lead Member of the project team and coordinate project meetings; • Provide required records and documentation for the County; and • Manage and coordinate with all utility owners/operators including but not limited to AT&T and Comcast,the City of Key West,Florida Keys Aqueduct Authority (FKAA), Federal Aviation Administration (FAA), Florida Department of Transportation (FDOT), and Keys Energy Services, 2. PRE-CONSTRUCTION PHASE SERVICES The CMAR preconstruction services will include, but are not limited to: cc. Attend all project related meetings and design team meetings and record the meetings for preconstruction and construction phase services. dd. Review construction drawings and specifications. ee. Develop and update a master program phase bar chart schedule incorporating estimated design,permitting, bidding and construction phase times. ff. Periodic review of all design documents for constructability review to identify defects, omissions, and recommendations for alternatives and for compliance with applicable laws, rules, codes, design standards and ordinances. gg. Provide value engineering/analysis recommendations for all phases of the project to optimize the County's capital outlay and operations resources. hh. Periodically update cost estimates and make recommendations to keep the project within the budget. ii. Periodically update the project schedule and make recommendations for recovery of lost time and shortening the construction schedule. J. Secure and monitor the review and approval process of governing authorities. kk. Maintain a list of potential bidders and subcontractors and solicit bidders. 11. Monitor and review all addenda and coordinate code review compliance. RFP—CMAR-- EOC Page 142 of 147 mm. Prepare and issue bid packages, open and evaluate bids, schedule and conduct bid conferences with County's assistance. nn. Receive and review pre-contract documents as required. oo. Review the schedule of values for balance of tasks vs. dollars and compliance with the project schedule. pp. Review contracts and make recommendations to the County. qq. Provide value engineering during subcontractor bidding phases. rr. Hold contracts and subcontracts,provide for bonding for projects. ss. Provide market analysis and proposal for removal or substitution of designated equipment and fixtures. tt. Provide written constructability analyses of the Project, including items to be addressed with any County consultants (including Design Professional) such as accessibility, construction methods, assembly, installation, materials handling, expandability,phasing and other construction phase related activities. uu. Prepare schematic and design development estimates and the development of a GMP for the construction of this project. vv. DBE Plan ww. Site Evaluation xx. Site Logistics, Phasing and Project Construction Graphics yy. Quality Control Program zz. Outline Guaranteed Maximum Price (GMP) aaa. Subcontractor Bid Scopes bbb. Subcontractor Bidding ccc. Prepare Final GMP ddd. Provide all deliverables,reports,etc.,as required by the awarding agencies as required by all of the grant agreements providing funding for the Project. RFP—CMAR-- EOC Page 143 of 147 EXHIBIT A 1. Procurement 1.1 Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the County, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts ("Subcontracts") 1.2 Construction Manager shall conduct all procurement of materials, services, and construction Subcontracts in accordance with the requirements of 49 C.F.R. section 18.36 to the extent applicable and as such requirements may be amended from time to time 1.3 In addition to and without limiting the requirements of subsection 1.2 herein: 1. In procuring professional services, Construction Manager shall comply with Florida Statues 287.055, to the extent applicable. 2. Individual purchases of up to $9,999.99 will require documentation of price reasonableness. Individual purchases costing between $10,000 and $49,999.99 will require a minimum of 3 documented price quotes. 3. Individual purchases of$50,000.00 and greater will require a competitive bid process. 4. The competitive solicitations for services, goods or construction that are projected to cost between $50,000 and $100,000 must be publicly advertised in a newspaper of general circulation in the county, on a date that is no later than 21 days (excluding the publication date) before the date established for the competitive solicitation opening and that is no later than five days before any pre-bid conference or pre-proposal conference. 5. The competitive solicitations for services, goods or construction, that are projected to cost more than $100,000 but less than $500,000 must be publicly advertised in a newspaper of general circulation in the county, on a date that is no less than 30 days (excluding the publication date)before the date established for the competitive solicitation opening and that is no later than five (5) days before any pre-bid or pre-proposal conference. 6. The competitive solicitations for services, goods or construction that are projected to cost$500,000.00 or more must be publicly advertised in a newspaper of general circulation in the County, on a date that is no later than 45 days (excluding the publication date)before the date established for the for the competitive solicitation opening. 7. A construction project or the purchase of service or goods may not be divided into more than one project for the purpose of evading the requirements of this section. 8. Bids or proposals shall be received and opened at the location, date, and time established in the bid or proposal advertisement. 9. As part of preparing invitations for bids, or requests for proposal, the Construction Manager shall review the specifications and drawings prepared by the Architect-Engineer. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects shall be brought to the attention of the RPR/CA and the Architect-Engineer in written form. 10. In cases of emergency, the procedures required in this section may be altered by the County. As used in the section, the term "emergency" means: a. An immediate danger to the public health or safety; b. A danger of loss of public or private property that requires immediate government action; RFP—CMAR-- EOC Page 144 of 147 c. An interruption in the delivery of an essential governmental service; or d. A substantial risk that a funding source of a contract will be diminished or lost because the time required to competitively award bids after the funds become available exceeds the time within which the funding source must be spent. 1.4 The bid packages prepared by the Construction Manager shall contain all federal provisions required under the FAA Airport Improvement Program. These provisions are set forth in Exhibit B. 1.5 Upon request Construction Manager shall provide the County with copies of any requested bid documents. RFP—CMAR-- EOC Page 145 of 147 EXHIBIT B L N = + L Q C H T a ate+ @ s m `3 E ati a m p 0 r c o �n c a 0. Zv , v� a u ua Provisions/Clauses' Access to Records and Reports $0 NIS REQD REQD REQD REQD n/a Affirmative Action Requirement $10,000 REQD Limited REQD Limited Limited n/a Breach of Contract $150,000 NIS REQD REQD REQD REQD n/a Buy American Preferences $0 REF Limited REQD REQD Limited n/a (1)Buy American Statement $0 NIS Limited REQD REQD Limited n/a (2)BA—Total Facility $0 NIS Limited REQD REQD Limited n/a (3)B.A.—Manufactured Product $0 NIS Limited REQD REQD Limited n/a Civil Rights—General $0 NIS REQD REQD REQD REQD REQD Civil Rights-Title VI Assurances $0 REF REQD REQD REQD REQD REQD (1)Notice-Solicitation $0 REQD REQD REQD REQD REQD REQD (2)Clause-Contracts $0 NIS REQD REQD REQD REQD REQD (3)Clause—Transfer of U.S.Property $0 NIS n/a n/a n/a Limited REQD (4)Clause—Transfer of Real Property $0 NIS n/a n/a n/a REQD REQD (5)Clause-Construct/Use/Access to $0 NIS n/a n/a n/a REQD REQD Real Property (6)List—Pertinent Authorities $0 NIS REQD REQD REQD REQD REQD Clean Air/Water Pollution Control $150,000 NIS REQD REQD REQD REQD n/a Contract Work Hours and Safety Standards $100,000 NIS Limited REQD Limited Limited n/a Copeland Anti-Kickback $2,000 NIS Limited REQD Limited Limited n/a Davis Bacon Requirements $2,000 REF Limited REQD Limited Limited n/a Debarment and Suspension $25,000 REF REQD REQD REQD Limited n/a Disadvantafed Business Enterprise $0 REF REQD REQD REQD REQD n/a Distracted DrivinL $3,500 NIS REQD REQD REQD REQD n/a Energy Conservation Requirements $0 NIS REQD REQD REQD REQD n/a Egual Employment Opportunity $10,000 NIS Limited REQD Limited Limited n/a (1)EEO Contract Clause $10,000 NIS Limited REQD Limited Limited n/a (2)EEO Specification $10,000 NIS Limited REQD Limited Limited n/a Federal Fair Labor Standards Act $0 NIS REQD REQD REQD REQD Info Foreign Trade Restriction $0 REF REQD REQD REQD REQD n/a Lobbying Federal Employees $100,000 REF REQD REQD REQD REQD n/a Occupational Safety and Health Act $0 NIS REQD REQD REQD REQD Info Prohibition of Segregated Facilities $10,000 NIS Limited REQD Limited Limited n/a Recovered Materials $10,000 REF Limited REQD REQD Limited n/a Rights to Inventions $0 NIS Limited Limited Limited n/a n/a Seismic Safety $0 NIS Limited Limited Limited n/a n/a Tax Delinguency and Felony Conviction $0 NIS REQD REQD REQD REQD n/a Termination of Contract $10,000 NIS REQD REQD REQD REQD n/a Veteran's Preference $0 NIS REQD REQD REQD REQD n/a RFP—CMAR-- EOC Page 146 of 147 DRAFT AGREEMENT CONSTRUCTION ACTIVITIES Will be issued via Addendum RFP—CMAR-- EOC Page 147 of 147 e oe o J j a HZ W a 3 W Ocn A to a a Q Q W i }z O a (� ' a Q w ¢ U > w z °'a U O Q=� - -- -o 4 v 1 y 3 d CK G tl�o � 4 3� � 4iz 4 4 -4a4 8 � ,E& v3 „ 4 ttF t R F4`. 4 4 454 Sg 5 4 55 tl 4 4 K4 O QQry _ a E z i M J O o or a = wpoo w C `) U O V U „o me o J CO *k � wJ � zw � U w o p W m O Z O z W u UH2.Em C) mm W O O orc zwrc w O x „s w� rc oQOw 1 ■ Q �� �I3 U LU >- z Z z Z) ry 1A�' w Z z (Y) W - O p ry poo A Y n OWo Y z ui O YE. 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The Tentative Schedule listed in Section 1.13 is amended as follows: 111.13 TENTATIVE SCHEDULE The following is a revised tentative calendar of event dates. The County reserves the right to change the dates or events, if necessary. Task Name Start CMAR RFP published and advertised 26 May 2021 Deadline for questions & written request for Clarification 18 June 2021 @ 5:00 p.m. Last day to publish addendum, if necessary 25 23 June 2021 Deadline for submission of responses 30 June 2021 Short List Selection committee meeting -2 8 July 2021 Short List Firms Interviews 41 22 July 2021 Recommendation to the Board of County Commissioners 18 August 2021" 2. TAB 2. Relevant Experience, References, and Past Performance on Similar Projects is here by amended to read as follows. "TAB 2. Relevant Experience, References, and Past Performance on Similar Projects. Each Respondent must be able to demonstrate a minimum of two (2)projects where the respondent firm or organization or principal was the prime contractor on a terminal renovation and/or expansion project, and two (2)projects where they provided CMAR services within the last five years. Projects where the respondent provided CMAR services as the prime contractor on a terminal project will satisfy both requirements. Describe the Respondent's firm or organization or principals experience in CMAR delivery of no more than five (5) most recent projects of similar scope, complexity and challenges (irrespective of cost) as this Project. Provide specifics on meeting project metrics for quality, safety, budget, and schedule for project success. Addendum#1 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Page 2 of 5 Notice of Reauest for Competitive Solicitations Addendum #1 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program The respondent's firm or organization or principals project approach should focus on items of originality or specific capability that would demonstrate the ability to successfully sequence and phase the project along with assisting in the development of an implementable design and progress to successfully complete the project and ready for full operation by October 1, 2024. In addition to the narratives requested above, each project description should include the information below: Name and full address of referenced project and organization. Name and telephone number of contact person for the subject contract. Date of initiation and completion of contract for referenced project. Summary of the project and services and results including a comparison to services sought by this RFP. Provide examples of the project work that the Respondent provided. Provide examples of relevant experience of work on Airport Terminal facilities. Provide examples of the projects worked on with proposed consultants and subconsultants and subcontractors. Note where proposed key project staff for this project provided services on your reference projects." 3. The draft agreement for CMAR Construction Activities is attached hereto as Exhibit A. 4. Q1: 1-8. Response Requirements: "...response shall be limited to 50-printer-friendly 8 and 1/2 by 11-inch pages, double sided is allowed...." since this is a PDF electronic submission, (no hard copies to be submitted) 50 pages double sided will be 100 visual pages-will this be acceptable? Does 11 x 17 page size count as I page? Al: The RFP response is limited to no more than 50 double sided or 100 visual pages. Each 11 x 17 page counts as one (1)page. 5. Q2: Page 6. RFP: "Respondents and Sub-Respondents requiring clarification or interpretation shall submit their questions in writing to the County no later than ten(10)business days prior to the date for receipt of Responses,to the following address: tric i ,,,.w -,,,,,,,,,,,J rd;OD m oe ,, t F .Gov. Telephone calls and any other form of oral communication will not receive a response." Page 17. Tentative Schedule: "10 business days prior to the date of receipt is June 161h." The RFP `Tentative Schedule' reflects a June 181h deadline for receipt of questions. A2: The deadline for questions & written request for clarification remains June 18, 2021; the Addendum##1 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Page 3 of 5 Notice of Reauest for Competitive Solicitations Addendum #1 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program last day to publish an addendum, is changed to June 23, 2021. 6. Q3: For the benefit of the County and all bidders, we request one (1) week extension to properly evaluate any potential answers to questions and possible Addenda released to facilitate a responsible proposal. A3: The deadline for submission of responses remains June 30, 2021. 7. Q4: For the benefits of all respondents and the County may you please provide a walk-through so that potential respondents may visit the site for additional inspection and to further familiarize themselves with the project and provide a responsible bid. A4: A walk-through site visit is not being provided. 8. Q5: For the benefit of all proposers does the Named Wind Storm limit and Flood limit have to be at 100%of the replacement costs or can the Builders Risk Policy have sub limits in place, supported by modeling results (Probable Maximum Loss"PML")typically used in the insurance market (such as RMS and/or AIR)? A5: The County will require the CMAR to purchase a builders risk policy that does not have a Wind and/or Flood sublimit. 9. Q6: For the benefit of all proposers please confirm that the Builders Risk Policy will need to include Terrorism Coverage being that the facility is an Active International Airport. A6: The Builders Risk Policy will need to include Terrorism Coverage. 10. Q7: For the benefit of all proposers can you please provide the Flood Zone for the project for purposes of insurance. A7: Zone VE ( EL 10 Feet) from FEMA plus 2 Feet for local ordinance. 11. Q8: For the benefit of all proposers please confirm that the Builders Risk Policy does not have to cover existing structures. A8: The Builders Risk Policy will not have to cover existing structures. 12. Q9: Will the County consider Teaming Agreements to have the same value as a Joint Venture? A9: Yes. Addendum#1 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Page 4 of 5 Notice r Competitive Solicitations Addendum 1 Construction r at Riskis r Monroe Key West International itConcourse A And Terminal Improvements Program 13. Q10: Does Monroe County currently recognize Miami-Dade County SBE to satisfy the DBE aspiration goal? A10: No. This Addendum No. 1 consists of five (5)pages and one (1) attachment. END OF ADDENDUM No. 1 Addendum#1 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Page 5 of 5 EXHIBIT A Agreement Between Owner and Construction Manager at Risk (Construction Activities) AGREEMENT Made as of this day of , 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Construction Manager: For the following Project: Key West International Airport Concourse A and Terminal Improvements Program This Agreement is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("Owner", "Sponsor", or "County"), and , a corporation ("Construction Manager"), to perform all work ("Work") in connection with the management and construction of the Key West International Airport Concourse A and Terminal Improvements Program ("Project"), located in Monroe County, Florida, with said Work being set forth in the plans and specifications being prepared by the , a Professional Architectural Company of the State of Florida ("Design Professional"), and all other Contract Documents hereinafter specified and having an estimated construction cost of TBD dollars ("Construction Budget"). Owner and Construction Manager, for consideration herein set forth, agree as follows: ARTICLE 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement including any Exhibits or Attachments to this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), the Request for Proposals (RFP) issued to secure the services of the GENERAL REQUIREMENTS Page 1 of 171 Construction Manager, Addenda to the RFP issued prior to execution of this Agreement, together with the Construction Manager's response to RFP, all required insurance documentation, and any addenda, amendments, change orders, construction change directives, and field orders issued after execution of this Agreement. The Contract Documents shall also include all plans or specifications for the Project ("Construction Documents"), but only after said Construction Documents have been completed by Design Professional and approved in writing by Owner. All of the foregoing Contract Documents are sometimes referred to herein as the "Contract." 1.2 The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 1.3 A portion of the funding for this Project is coming from Federal Aviation Authority Grants. The Construction Manager is required to comply with all terms and conditions in these Grant Agreements. ARTICLE 2 Scope of Services 2.1 Construction Phase Services. After the Construction Phase Documents for each agreed upon work package have been sufficiently completed by the Design Professional and approved by Owner for all of the Work (or such portions as may be approved by the Owner in writing) for the Project, and Owner and Construction Manager have agreed in writing to the Guaranteed Maximum Price (GMP) and Guaranteed Completion Schedule, as hereafter provided,the Construction Manager shall furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to perform and complete in good workmanlike manner the construction of the Work(or designated portions) in accordance with all terms in this Agreement, and in a diligent and timely manner. 2.2 Construction Manager shall provide all other services during the Construction phase of the Project as set forth in the Contract Documents. 2.3 Scope of the Work. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Construction Manager is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Construction Manager shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Construction Manager will be required to complete the permit application on file with their appropriate company and contact information. The Construction Manager will pay associated permit and inspection fees, as required by the county, local water service, and power service, or any other permitting agency as necessary for connection to utilities. The scope of work shall include, but not be limited to, all work shown and listed in the project drawings and project manual. The Construction Manager is required to provide a GENERAL REQUIREMENTS Page 2 of 171 complete job as contemplated by the drawings and specifications, which were part of the bid package. The Construction Manager shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when turned over to the County for occupancy and use as a fully functional and operational Key West International Airport Passenger Concourse facility as deemed acceptable by the County. The Construction Manager shall be responsible for complying with regulations, approvals, and permitting by the: Monroe County Growth Management, Monroe County Building Department, Fire Marshal, Monroe County Fire Department, and any other permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. ARTICLE 3 Date of Commencement, Contract Time and Liquidated Damages 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. 3.2 Time is of the essence in the performance of Work under this Contract. Construction Manager shall commence the Construction Phase Services of the Work within five (5) calendar days after issuance of the Notice to Proceed, unless a later date is established in writing by the Owner. Any work performed by the Construction Manager prior to execution of this Agreement shall be at the sole risk of the Construction Manager. No work performed prior to issuance of the Notice to Proceed shall be reimbursed. 3.3 Owner and Construction Manager recognize that since time is of the essence, the Owner will suffer financial loss if the Work associated with this Agreement is not completed within the times specified on the Project Schedule, as said time may be adjusted as provided for herein. In such event, the Owner's damages will be difficult, if not impossible, to ascertain and quantify definitively, because this is a public construction project that will, when completed, benefit the public and enhance the services to, and movement of, passengers at Key West International Airport in Monroe County, Florida. It is hereby agreed that it is appropriate and fair that Owner should receive liquidated damages in the amount of ten thousand dollars ($10,000.00) per day from Construction Manager, if Construction Manager fails to complete the Work covered by this Agreement within the required time period, until such time as the work is completed. For the purpose of this Article, the term "day" means a calendar day, to include Monday through Sunday and holidays recognized by the County. The Construction Manager shall not be held responsible for any delays caused by the Design Professional or Owner. Construction Manager hereby knowingly and expressly waives and relinquishes any right which it may have to seek to characterize the above liquidated damages as a penalty. 3.4 The Construction Manager's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum GENERAL REQUIREMENTS Page 3 of 171 4.1 With respect to the Construction Phase Services to be provided by Construction Manager hereunder, Owner shall reimburse Construction Manager for the cost of the Work and pay Construction Manager a Construction Management Fee for the entire Work in the fixed amount of Dollars (TBD a- % of GMP). The Construction Management Fee shall be Construction Manager's total compensation for reimbursable costs under this Agreement as well as Construction Manager's total profit for Construction Phase Services. 4.2 At the time of the submission of the Final Pay Application, the Construction Manager will provide to the Owner or its representative a reconciliation of the final job cost detail for the project to the final Schedule of Values by line item. Construction Manager guarantees that in no event shall the Construction Management Fee and the total Cost of the Work exceed the GMP, as the GMP may be adjusted pursuant to the terms herein for Change Orders and Construction Change Directives. 4.3 As a condition precedent for any payment due under this Agreement, the Construction Manager shall submit a proper invoice to the County requesting payment for services properly rendered and reimbursable expenses due hereunder. Said invoice shall be submitted at least monthly, unless the Owner specifies otherwise in writing. The Construction Manager's invoice shall describe with reasonable particularity the service rendered. The Construction Manager's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the County may require. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Construction Manager to the RPR/CA, and upon approval for payment issued by the RPR/CA and Architect/Engineer, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Construction Manager in accordance with the Contract Documents. 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 substantiate its accuracy as the RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 5.5 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: GENERAL REQUIREMENTS Page 4 of 171 5.6.1 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 in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Construction Manager to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Architect/Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect/Engineer has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Upon fifty percent completion of the Work, the amount of retainage thereafter withheld by the Sponsor from subsequent payments may be reduced to 5% of that portion of the gross amount (less reimbursable items) of each monthly payment request certified by the RPR and approved by the Sponsor for payment unless the Construction Manager elected to withhold a higher amount from subcontractors as allowed by law, in which case the higher amount shall be retained by the Sponsor. Upon achieving fifty percent (50%) completion of the Work, and when requested by the RPR, the Sponsor may release half of the amount previously retained. Sponsor reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however, nothing in this Section shall preclude or limit the Sponsor's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. Retainage shall not be held against Construction Manager's personnel, General Conditions, Bond, Insurance or Fees. GENERAL REQUIREMENTS Page 5 of 171 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when (1) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work as provided in the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment, and (2)a final approval for payment has been issued by the RPR/CA. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Construction Manager's Affidavit of Debts and Claims (5) Construction Manager's Affidavit of Release of Liens (6) Final Release of Lien (7) Construction Manager shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that funding ceases prior to completion of Work under this Agreement, the Construction Manager shall be paid for all work completed, accepted and delivered prior to date of termination. GENERAL REQUIREMENTS Page 6 of 171 7.3 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as Construction Manager, supplier, subcontractors, or consultants 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, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Construction Manager represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Construction Manager further represents that there has been no determination, based on an audit, that it or any subcontractors has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether Construction Manager or subcontractors has been placed on the convicted vendor list. Construction Manager shall promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list 7.4 Miscellaneous. a) Construction Manager shall maintain all books, records, and documents directly pertinent to performance of any and all work under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be 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 the Construction Manager pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Construction Manager, the Construction Manager 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. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Construction Manager agree that venue shall lie in the appropriate court or before the appropriate administrative body GENERAL REQUIREMENTS Page 7 of 171 in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Construction Manager 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. The parties agree that both parties participated equally in the drafting of this Agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Construction Manager 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. d) Attorney's Fees and Costs. The County and Construction Manager 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 court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Construction Manager and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Construction Manager and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Construction Manager agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this GENERAL REQUIREMENTS Page 8 of 171 Agreement, County and Construction Manager 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 Construction Manager specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC§§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII, 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. k) Covenant of No Interest. County and Construction Manager covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. The parties understand and agree that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Construction Manager warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and GENERAL REQUIREMENTS Page 9 of 171 that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Construction Manager agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Construction Manager 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 Construction Manager 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 Construction Manager 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 Construction Manager. Failure of the Construction Manager 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Construction Manager 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. (2) 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 Construction Manager 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 Construction Manager or keep and maintain public records that would be required by the County to perform the service. If the Construction Manager transfers all public records to the County upon completion of the contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the contract, the Construction Manager shall meet all applicable requirements for retaining GENERAL REQUIREMENTS Page 10 of 171 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 Construction Manager of the request, and the Construction Manager must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Construction Manager 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 Construction Manager. A Construction Manager 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. The Construction Manager 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 CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Construction Manager and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) 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 GENERAL REQUIREMENTS Page 11 of 171 duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) 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 Construction Manager agree that neither the County nor the Construction Manager or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Construction Manager agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement and a Vendor Certification Regarding Scrutinized Companies Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Construction Manager or any of its employees, agents, Construction Managers or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub-Construction Managers or other invitees, or(C) Construction Manager's default in GENERAL REQUIREMENTS Page 12 of 171 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, Construction Managers or invitees (other than Construction Manager). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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 that the completion of the project (to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Construction Manager shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Construction Manager, the Construction Manager agrees and warrants that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Construction Manager is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and Construction Managers shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Construction Manager subcontracts any or all of the work in this project to any third party, the Construction Manager specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Construction Manager specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. GENERAL REQUIREMENTS Page 13 of 171 7.5 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Construction Manager: For Owner: Director of Airports and County Attorneys Office Key West International Airport 1111 121h St., Suite 408 3491 South Roosevelt Boulevard Key West, Florida 33040 Key West, Florida 33040 7.6 Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R. § 200.38, the following provisions from 2 C.F.R. part 200 apply to this Agreement: a) Audit of records. Construction Manager shall grant to the County, the Federal Aviation Administration, Florida Department of Transportation, the Federal Government, and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FAA or FDOT, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FAA, FDOT, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Construction Manager, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Construction Manager may appeal any such finding or ruling. If such appeal is unsuccessful, the Construction Manager shall agree that the amounts paid to the Construction Manager shall be adjusted accordingly, and that the Construction Manager shall, within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non- allowable. Construction Manager shall comply with federal and/or state laws authorizing an audit of Construction Manager's operation as a whole, or of specific Project activities. b) Equal Employment Opportunity During the performance of this Agreement, the Construction Manager, 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 41C.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: GENERAL REQUIREMENTS Page 14 of 171 (1) The Construction Manager will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Construction Manager will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to 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 Construction Manager 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. (2) The Construction Manager will, in all solicitations or advertisements for employees placed by or on behalf of the Construction Manager, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Construction Manager 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 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 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 Construction Manager's legal duty to furnish information. (4) The Construction Manager will send to each labor union 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 Construction Manager'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. (5) The Construction Manager 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. (6) The Construction Manager will furnish all information and 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 GENERAL REQUIREMENTS Page 15 of 171 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. (7) In the event of the Construction Manager'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 Construction Manager 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. (8) The Construction Manager will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Construction Manager will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; 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 administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. c) 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 and Cooperative Agreements," and any implementing regulations issued by the awarding agency. d) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). e) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in GENERAL REQUIREMENTS Page 16 of 171 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 than Executive Order 12549. f) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Construction Managers 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. g) Procurement of recovered materials as set forth in 2 CFR § 200.322. Construction Manager must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. h) Americans with Disabilities Act of 1990 (ADA)—The CONSTRUCTION MANAGER will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSTRUCTION MANAGER pursuant thereto. i) E-Verify. The Construction Manager shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Manager during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the Contract term. j) No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Construction Manager, or any other party pertaining to any matter resulting from the contract. k) Program Fraud and False or Fraudulent Statements or Related Acts. The GENERAL REQUIREMENTS Page 17 of 171 Construction Manager acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Construction Manager's actions pertaining to this contract. 1) Uncontrollable Circumstance - Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). Construction manager's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance to ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Construction manager may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. m)Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. GENERAL REQUIREMENTS Page 18 of 171 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. n) Domestic preference for procurements as set forth in 2 CFR §200.322. - The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. o) Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Construction Manager agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Construction Manager and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS i)If the Construction Manager,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Construction Manager shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. ii) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; GENERAL REQUIREMENTS Page 19 of 171 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or Contract as provided in Article 14 of the General Conditions. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW GENERAL REQUIREMENTS Page 20 of 171 This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Construction Manager. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Date: Witnesses: CONSTRUCTION MANAGER AT RISK By: By: Print Name: Print Name: Date: Title: Date: By: Print Name: Date: GENERAL REQUIREMENTS Page 21 of 171 GENERAL REQUIREMENTS Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Construction Manager Quality Control Plan Section 01015 Construction Manager's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Section 00750 GENERAL REQUIREMENTS Page 22 of 171 General Conditions of the Contract for Construction Table of Articles 1. General Provisions 2. Owner 3. Construction Manager 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract GENERAL CONDITIONS Page 23 of 171 SECTION 00750 GENERAL CONDITIONS OF THE CONTRACT 1.0 GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Documents: The Contract Documents consist of the Agreement between Owner and Construction Manager, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, Owners proposal documents, other documents listed in the Agreement and Modifications issued after execution of the Contract, and the Construction Manager's proposal and supporting documentation. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by RPR/CA. 1.1.2 The Contract: The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect/Engineer and Construction Manager, (2) between RPR/CA and Construction Manager, (3) between the Architect/Engineer and the RPR/CA, (4) between the Owner and a Subcontractor or(5) between any persons or entities other than the Owner and Construction Manager. The Owner shall, however, be entitled to enforce the obligations under the Contract intended to facilitate performance of the duties of the RPR/CA and Architect/Engineer. 1.1.3 The Work: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 The Project: The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Contractors and by the Owner's own forces including persons or entities under separate contracts not administered by the County or the RPR/CA. 1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work which may include the proposal requirements, sample forms, Conditions of the Contract and Specifications. PROJECT SAFETY AND HEALTH PLAN 00970- Page 24 of 171 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Construction Manager is a representation that the Construction Manager has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Construction Manager shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Construction Manager in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.5 Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work. 1.3 Ownership and Use of Architect/Engineer's Drawings, Specifications and Other Documents 1.3.1 The Drawing, Specifications and other documents prepared by the Architect/Engineer are instruments of the Architect/Engineer's service through which the Work to be executed by the Construction Manager is described. The Construction Manager may retain one contract record set. Neither the Construction Manager nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect/Engineer. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the RPR/CA, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect/Engineer, and copies thereof furnished to the Construction Manager, are for use solely with respect to the Project. They are not to be used by the Construction Manager or any Subcontractor, Sub- subcontractor or material or equipment suppliers unless they are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect/Engineer appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect/Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of copyright or other reserved rights. PROJECT SAFETY AND HEALTH PLAN 00970- Page 25 of 171 1.3.2 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished, two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work. Additional copies may be obtained from RPR/CA at a fee of $5.00 per page for full size drawings (.25 per page for written specifications or 11"x 17" drawings). 1.4 Capitalization 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or(3)the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.0 OWNER 2.1 Definition 2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.2 The Owner shall furnish initial site surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 For existing facilities, the Owner shall secure and pay for necessary approvals, easements, assessments and charges, required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities, except for permits and fees which are the responsibility of the Construction Manager under the Contract Documents. It is the Construction Manager's responsibility to secure and pay for the building permit(s) for the project. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2. 2.2.6 The Owner shall forward all communications to the Construction Manager and may contemporaneously provide the same communications to the Architect/Engineer. PROJECT SAFETY AND HEALTH PLAN 00970- Page 26 of 171 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 Owner's Right to Stop the Work 2.3.1 If the Construction Manager fails to correct Work which is not in accordance with the requirements of the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner, may order the Construction Manager to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Construction Manager or any other person or entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three-day period give the Construction Manager a second written notice to correct such deficiencies within a three- day period. If the Construction Manager within such second three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Construction Manager the cost of correcting such deficiencies, including compensation for another Construction Manager or subcontractor or the RPR/CA's and Architect/Engineer's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then, or thereafter, due the Construction Manager are not sufficient to cover such amounts, the Construction Manager shall pay the difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum of twenty-four (24) hours' notice. In the event of safety issues determined to be of a serious nature, as determined by the RPR/CA, notice will be given, and Construction Manager is required to rectify any deficiency immediately. 3.0 CONSTRUCTION MANAGER 3.1 Definition 3.1.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout this Agreement as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager's authorized representative. 3.1.2 The plural term "Construction Managers" refers to persons or entities who perform construction under Conditions of the Contract that are administered by the County and/or the RPR/CA, and that are identical or substantially similar to these Conditions. PROJECT SAFETY AND HEALTH PLAN 00970- Page 27 of 171 3.2 Review of Contract Documents and Field Conditions by Construction Manager 3.2.1 The Construction Manager shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the RPR/CA and Architect/Engineer errors, inconsistencies or omissions discovered. The Construction Manager shall not be liable to the Owner, the RPR/CA or Architect/Engineer for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Construction Manager recognized such error, inconsistency or omission and knowingly failed to report it to the RPR/CA and Architect/Engineer. If the Construction Manager performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the RPR/CA and Architect/Engineer, the Construction Manager shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Construction Manager shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Construction Manager with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the RPR/CA and Architect/Engineer at once. 3.2.3 The Construction Manager shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 Supervision and Construction Procedures 3.3.1 The Construction Manager shall supervise and direct the Work, using the Construction Manager's best skill and attention. The Construction Manager shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, subject to overall coordination of the RPR/CA as provided in Subparagraphs 4.6.3 and 4.6.5. 3.3.2 The Construction Manager shall be responsible to the Owner for acts and omissions of the Construction Manager's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Construction Manager. 3.3.3 The Construction Manager shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the County in its administration of the Contract, or by test, inspections or approvals required or performed by persons other than the Construction Manager. 3.3.4 The Construction Manager shall inspect portions of the Project related to the Construction Manager's Work in order to determine that such portions are in proper condition to receive subsequent work. 3.3.5 The Construction Manager shall verify that the Construction Documents being worked with are the most recent and updated available, including all Addenda information. Also the Construction Manager will perform the work strictly in accordance with this contract. PROJECT SAFETY AND HEALTH PLAN 00970- Page 28 of 171 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Construction Manager shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Construction Manager shall enforce strict discipline and good order among the Construction Manager's employees and other persons carrying out the Contract. The Construction Manager shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Construction Manager is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Construction Manager's employee is determined to be detrimental to the Project, as deemed by the Director of Airports, the Construction Manager will remove and/or replace the employee at the request of the Director of Airports. Employees dismissed from the project will be transported from the job site at the Construction Manager's expense. 3.4.4 The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. 3.4.5 The Construction Manager shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Construction Manager agrees to cooperate with the RPR/CA, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected. 3.5 Warranty 3.5.1 The Construction Manager warrants to the Owner, the RPR/CA and Architect/Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Construction Manager's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Construction Manager, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the RPR/CA, the Construction Manager shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.2 Construction Manager shall conduct, jointly with the Owner, a warranty inspection at six (6) and eleven (11) months after the date on which Substantial Completion is achieved. 3.5.3 In addition to any other right or remedy available to Owner at law or in equity, including but not limited to any implied warranties to which Owner maybe entitled as a matter of law, PROJECT SAFETY AND HEALTH PLAN 00970- Page 29 of 171 Construction Manager expressly warrants to Owner that it shall promptly correct, on receipt of written notice from Owner, any portion of the Work which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to safety or security, Owner shall be entitled to correct and fix such defective or nonconforming portion of the Work and Construction Manger shall reimburse Owner for all costs and expenses incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one (1) year from the date on which Substantial Completion was achieved, unless a longer period of time is specified in the Contract Documents. 3.5.3 The Construction Manager shall obtain, assign and deliver to the Owner all express warranties given to the Construction Manager by any subcontractor or materialman supplying materials, equipment, fixtures or furnishings to be incorporated into the Project. 3.6 Taxes 3.6.1 The Construction Manager shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Construction Manager which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 Permits, Fees and Notices 3.7.1 The Construction Manager shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or Utility entities having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Construction Manager will be responsible for all building permit costs or impact fees required for this project. The Construction Manager shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. 3.7.2 The Construction Manager shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Construction Manager's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Construction Manager observes that portions of the Contract Documents are at variance therewith, the Construction Manager shall promptly notify the RPR/CA, Architect/Engineer and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Construction Manager performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the RPR/CA, Architect/Engineer and Owner, the Construction Manager shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 Superintendent PROJECT SAFETY AND HEALTH PLAN 00970- Page 30 of 171 3.8.1 The Construction Manager shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Construction Manager, and communications given to the superintendent shall be as binding as if given to the Construction Manager. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The superintendent shall be satisfactory to the County and shall not be changed except with the consent of the County, unless the superintendent proves to be unsatisfactory to the Construction Manager or ceases to be in his employ. 3.9 Construction Manager's Construction Schedule 3.9.1 The Construction Manager, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect/Engineer's information and the County's approval a Construction Manager's Construction Schedule for the Work. Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project construction schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the RPR/CA's approval. 3.9.2 The Construction Manager shall cooperate with the County in scheduling and performing the Construction Manager's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces. 3.9.3 The Construction Manager shall conform to the most recent schedules. 3.9.4 The County will schedule and conduct a project meeting at a minimum of one (1) meeting per month in each month which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems. The Construction Manager shall submit an updated schedule construction schedule with the submission of each progress payment request. 3.10 Documents and Samples at the Site 3.10.1 The Construction Manager shall maintain at the site for the Owner one (1) record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the County and Architect/Engineer and shall be delivered to the County for submittal to the Owner upon completion of the Work. 3.11 Shop Drawings, Product Data and Samples 3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Construction Manager or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. PROJECT SAFETY AND HEALTH PLAN 00970- Page 31 of 171 3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Construction Manager to illustrate materials or equipment for some portion of the Work. 3.11.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Construction Manager proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the RPR/CA is subject to the limitations of Subparagraph 4.6.12. 3.11.5 The Construction Manager shall review, approve and submit to the County, in accordance with the schedule and sequence approved by the County, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. The Construction Manager shall cooperate with the County in the coordination of the Construction Manager's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Construction Manager which are not required by the Contract Documents may be returned without action. 3.11.6 The Construction Manager shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the County. Such Work shall be in accordance with approved submittals. 3.11.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents that the Construction Manager has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.11.8 The Construction Manager shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the County's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Construction Manager has specifically informed the County and Architect/Engineer in writing of such deviation at the time of submittal and the County has given written approval to the specific deviation. The Construction Manager shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by County's approval thereof. 3.11.9 The Construction Manager shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the RPR/CA and Architect/Engineer on previous submittals. 3.11.10 Informational submittals upon which the County is not expected to take responsive action may be so identified in the Contract Documents. 3.11.11 When professional certification of performance criteria of materials, systems or PROJECT SAFETY AND HEALTH PLAN 00970- Page 32 of 171 equipment is required by the Contract Documents, the County and Architect/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.11.12 If materials specified in the Contract Documents are not available on the present market, the Construction Manager may submit data on substitute materials to the County for approval by the Owner. 3.11 Use of Site 3.11.1 The Construction Manager shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.11.2 The Construction Manager shall coordinate the Construction Manager's operations with, and secure the approval of, the County before using any portion of the site. 3.12 Cutting and Patching 3.12.1 The Construction Manager shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. He shall also provide protection of existing work as required. 3.12.2 The Construction Manager shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction. The Construction Manager shall not cut or otherwise alter such construction by other Contractors or by the Owner's own forces except with written consent of the County, Owner and such other contractors: such consent shall not be unreasonably withheld. The Construction Manager shall not unreasonably withhold from the other Contractors or the Owner the Construction Manager's consent to cutting or otherwise altering the Work. When structural members are involved, the written consent of the County shall also be required. The Construction Manager shall not unreasonably withhold from the County or any separate contractor his/her consent to cutting or otherwise altering the Work. 3.12.3 The Construction Manager shall arrange for any blockouts, cutouts, or openings required for the installation of his/her materials and equipment and the execution of his/her work, whether or not shown or indicated on the Drawings. The Construction Manager shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, and such block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or any other finished surface. 3.14 Cleaning Up 3.14.1 The Construction Manager shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Construction Manager shall remove from and about the project waste materials rubbish, the Construction Manager's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. PROJECT SAFETY AND HEALTH PLAN 00970- Page 33 of 171 3.14.2 If the Construction Manager fails to clean up as provided in the Contract Documents, the County may do so and the cost thereof shall be charged to the Construction Manager. 3.15 Access to Work 3.15.1 The Construction Manager shall provide the Owner, the RPR/CA and Architect/Engineer access to the Work in preparation and progress wherever located. 3.16 Royalties and Patents 3.16.1 The Construction Manager shall pay all royalties and license fees. The Construction Manager shall defend suits or claims for infringement of patent rights and shall hold the Owner, the RPR/CA and Architect/Engineer harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Construction Manager has reason to believe that the required design, process or product is an infringement of a patent, the Construction Manager shall be responsible for such loss unless such information is promptly furnished to the Architect/Engineer and County. 3.17 Indemnification and Hold Harmless 3.17.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Construction Manager 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 that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Construction Manager or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Construction Manager or any of its employees, agents, sub-contractors or other invitees, or (C) Construction Manager'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 Construction Manager).The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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 that the completion of the project (to include the work of others) is delayed or suspended as a result of the Construction Manager's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the PROJECT SAFETY AND HEALTH PLAN 00970- Page 34 of 171 Construction Manager, the Construction Manager agrees and warrants that the Construction Manager shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Construction Manager is for the indemnification provided for the above. 4.0 ADMINISTRATION OF THE CONTACT 4.1 Architect/Engineer 4.1.1 The Architect and/or Engineer is the person lawfully licensed to practice architecture/engineering or any entity lawfully practicing architecture/engineering identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect/Engineer" means the Architect/Engineer or the Architect/Engineer's authorized representative. 4.2 RPR/CA 4.2.1 RPR/CA is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "RPR/CA" means Jacob's Project Management Co. authorized representative. 4.3 Duties, responsibilities and limitations of authority of the RPR/CA and Architect/Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, the RPR/CA,Architect/Engineer and Construction Manager. Consent shall not be unreasonably withheld. 4.4 In case of termination of employment of Architect/Engineer, the Owner shall appoint an Architect/Engineer whose status under the Contract Documents shall be that of the former Architect/Engineer. 4.5 Not Used 4.6 Administration of the Contract 4.6.1 The RPR/CA and Engineer will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representatives (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 12.2. The RPR/CA and Architect/Engineer will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Contract Document, unless otherwise modified by written instrument in accordance with other provision of the Contract. 4.6.2 The RPR/CA and Architect/Engineer will determine in general that the Work is being performed in accordance with the requirements of the Contract Documents, will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. PROJECT SAFETY AND HEALTH PLAN 00970- Page 35 of 171 4.6.3 The RPR/CA will provide for coordination of the activities of other Contractors and of the Owner's own forces with the Work of the Construction Manager, who shall cooperate with them. The Construction Manager shall participate with other Contractors and the RPR/CA and Owner in reviewing their construction schedules when directed to do so. The Construction Manager shall make any revisions to the Construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be used by the Construction Manager, other Contractors, the RPR/CA and the Owner until subsequently revised. 4.6.4 Not used. 4.6.5 The RPR/CA and/or Architect/Engineer will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the RPR/CA and/or Architect/Engineer will not be required to make exhaustive or continuous onsite inspections to check quality or quantity of the Work. On the basis of on-site observations as an Architect/Engineer, the RPR/CA will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the work. 4.6.6 The RPR/CA will not have control over or charge of and will not be responsible for construction means, method, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Construction Manager's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Construction Manager's failure to carry out the Work in accordance with the Contract Documents. Neither the RPR/CA nor the Architect/Engineer will have control over, or charge of, or be responsible for acts or omissions of the Construction Manager, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Construction Manager shall communicate through the RPR/CA, and shall contemporaneously provide the same communications to the Architect/Engineer. Communications by and with the Architect/Engineer's consultants shall be through the Architect/Engineer. Communications by and with Subcontractors and material suppliers shall be through the Construction Manager. Communications by and with other Contractors shall be through the RPR/CA and shall be contemporaneously provided to the Architect/Engineer. 4.6.8 The RPR/CA will review and certify all Applications for Payment by the Construction Manager, including final payment. The RPR/CA will assemble each of the Construction Manager's Applications for Payment with similar Applications from other Contractors into a Project Application for Payment. After reviewing and certifying the amounts due the Construction Manager, the Project Application for Payment, along with the applicable Construction Manager Application for Payment, will be processed by the RPR/CA. PROJECT SAFETY AND HEALTH PLAN 00970- Page 36 of 171 4.6.9 Based on the RPR/CA's observations and evaluations of Construction Manager's Applications for Payment, the RPR/CA will certify the amounts due the Construction Manager and will issue a Project Approval for Payment. 4.6.10 The RPR/CA and/or the Architect/Engineer will have authority to reject Work which does not conform to the Contract Documents, and to require additional inspection or testing, in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take such action only after notifying the RPR/CA. Subject to review, the RPR/CA will have the authority to reject Work which does not conform to the Contract Documents. Whenever the RPR/CA considers it necessary or advisable for implementation of the intent of the Contract Documents, the RPR/CA will have authority to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing authority of the RPR/CA will be subject to the provisions of Subparagraphs 4.6.17 through 4.6.19 inclusive, with respect to interpretations and decisions of the Architect/Engineer. However, neither the Architect's/Engineer's nor the RPR/CA's authority to act under this Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer or the RPR/CA to the Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. 4.6.11 The Architect/Engineer will receive from the Construction Manager and review and approve all Shop Drawings, Product Data and Samples, coordinate them with information received from other Contractors, and review those recommended for approval. The Architect/Engineer actions will be taken with such reasonable promptness as to cause no delay in the Work of the Construction Manager or in the activities of other Contractors or the Owner. 4.6.12 The Architect/Engineer will review and approve or take other appropriate action upon the Construction Manager's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer action will be taken with such promptness consistent with the constraints of the project schedule so as to cause no delay in the Work of the Construction Manager or in the activities of the other Contractors, the Owner, or the RPR/CA, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Construction Manager as Construction Manager as required by the Contract Documents. The Architect/Engineer review of the Construction Manager's submittals shall not relieve the Construction Manager of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of any construction means, methods, techniques, sequences or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.6.13 The RPR/CA will prepare Change Orders and Construction Change Directives. PROJECT SAFETY AND HEALTH PLAN 00970- Page 37 of 171 4.6.14 Following consultation with the Owner, the RPR/CA will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Paragraph 7.3. 4.6.15 The Construction Manager will assist the RPR/CA in conducting inspections to determine the dates of Substantial completion and final completion, and will receive and forward to the RPR/CA written warranties and related documents required by the Contract and assembled by the Construction Manager. The RPR/CA will review and approve a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 4.6.16 The RPR/CA will provide one (1) or more project representatives to assist in carrying out his/her responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.6.17 The RPR/CA will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Owner or Construction Manager. The RPR/CA's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the RPR/CA shall be furnished in compliance with this Paragraph 4.6, then delay shall not be recognized on account of failure by the RPR/CA to furnish such interpretations until fifteen (15) days after written request is made for them. 4.6.18 Interpretations and decisions of the RPR/CA and Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the RPR/CA and the Architect/Engineer will endeavor to secure faithful performance by both Owner and Construction Manager, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.6.19 The RPR/CA's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.7 Claims and Disputes 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Construction Manager arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the claim. 4.7.2 Meet and Confer. The Construction Manager and the Owner shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. PROJECT SAFETY AND HEALTH PLAN 00970- Page 38 of 171 4.7.3 Time Limits on Claims. Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice submitted to the designated representative. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in writing to the Owner's representative in a timely manner. 4.7.3.1 Any claim not filed with the Owner within such time and in compliance with the preceding provisions shall be deemed conclusively to have been waived and shall be dismissed at the option of the Owner. The claim shall set forth in detail all known facts and circumstances supporting the claim; final costs associated with any claim upon which notice has been filed must be submitted in writing to the Owner with thirty (30) calendar days after notice has been received. In the event the Construction Manager seeks to make a claim for an increase in the contract price, as a condition precedent to any liability of the Owner therefore, unless emergency conditions exist, the Construction Manager shall strictly comply with the requirements of this Section and such claim shall be made by the Construction Manager before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Construction Manager of any claim for additional compensation. 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless otherwise agreed in writing, the Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claim by the Owner except those arising from: 1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. The RPR/CA will promptly investigate such conditions, and the parties will follow the procedure in paragraph 4.7.2. 4.7.6.1 As a condition precedent to the Owner having any liability to the Construction Manager due to concealed and unknown conditions, the Construction Manager must give the Owner and Architect/Engineer written notice of, and an opportunity to observe, such PROJECT SAFETY AND HEALTH PLAN 00970- Page 39 of 171 condition prior to disturbing it. The failure by the Construction Manager to give the written notice and make the claim as provided by the provisions herein shall constitute a waiver by the Construction Manager of any rights arising out of or relating to such concealed and unknown condition. 4.7.7 Claims for Additional Cost. If the Construction Manager wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3 If the Construction Manager believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the RPR/CA, (2) a written order for a minor change in the Work issued by the RPR/CA, (3)failure of payment by the Owner, (4)termination of the Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein. In a claim by the Construction Manager against the Owner for compensation in excess of the Contract Sum, any liability of the Owner to the Construction Manager shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Construction Manager or any estimated costs or damages. 4.7.8 Claims for Additional Time. 4.7.8.1 If the Construction Manager wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 or 4.7.8. 5.0 SUBCONTRACTORS AND SUB-SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Construction Manager to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or subcontractors of other Contractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" PROJECT SAFETY AND HEALTH PLAN 00970- Page 40 of 171 is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Construction Manager, as soon as practicable after award of the Contract, shall furnish in writing to the RPR/CA for review by the Owner and the RPR/CA the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The RPR/CA will promptly reply to the Construction Manager in writing stating whether or not the Owner or the RPR/CA, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the RPR/CA to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Construction Manager shall not contract with a proposed person or entity to which the Owner or the RPR/CA has made reasonable and timely objection. The Construction Manager shall not be required to contract with anyone to whom the Owner or the RPR/CA has made reasonable objection. 5.2.3 If the Owner or the RPR/CA refuses to accept any person or entity on a list submitted by the Construction Manager in response to the requirements of the Contract Documents, the Construction Manager shall submit an acceptable substitute. However, no increase in the Contract Sum shall be allowed for any such substitution. 5.2.4 The Construction Manager shall not change a Subcontractor, person or entity previously selected if the Owner or the RPR/CA makes reasonable objection to such change. 5.3 Subcontractual Relations 5.3.1 By appropriate written agreement, the Construction Manager shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager, by these Documents, assumes toward the Owner or the RPR/CA. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. When appropriate, the Construction Manager shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Construction Manager shall make available to each proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Construction Manager to the Owner provided that: PROJECT SAFETY AND HEALTH PLAN 00970- Page 41 of 171 .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under public construction bond covering the Contract. I. If the work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1.1 The Owner reserves the right to perform construction or operations released to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the RPR/CA. The Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the RPR/CA, the Owner shall provide for coordination of such forces with the Work of the Construction Manager who shall cooperate with them. 6.1.3 It shall be the responsibility of the Construction Manager to coordinate his/her work with the work of other contractors on the site. The Owner and the RPR/CA shall be held harmless for any and all costs and time increases associated with improper coordination. 6.2 Mutual Responsibility 6.2.1 The Construction Manager shall afford the Owner's own forces, the RPR/CA and other contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Construction Manager's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Construction Manager's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other contractors, the Construction Manager shall, prior to proceeding with that portion of the Work, promptly report to the RPR/CA any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Construction Manager so to report shall constitute an acknowledgment that the Owner's own forces or other contractors' completed or partially completed construction is fit and proper to receive the Construction Manager's Work, except as to defects not then reasonably discoverable. PROJECT SAFETY AND HEALTH PLAN 00970- Page 42 of 171 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the Construction Manager. The Construction Manager's sole remedy as against the Owner for costs caused by delays or improperly timed activities or defective construction shall be an extension of time. 6.2.4 The Construction Manager shall promptly remedy damage wrongfully caused by the Construction Manager to completed or partially completed construction or to property of the Owner or other contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Construction Manager and other contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors have reciprocal obligations. 6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.2.7 Should the Construction Manager contend that he/she is entitled to an extension of time for completion of any portion or portions of the work, he/she shall, within seventy-two (72) hours of the occurrence of the cause of the delay, notify the RPR/CA in writing, of his/her contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Construction Manager to the RPR/CA within seventy-two (72) hours after the delay has ceased to exist. 1 It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Construction Manager fails to comply, he/she shall be deemed to have waived the claim. .2 The Construction Manager agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he/she shall have no claim against the Owner or the RPR/CA for an increase in the Contract price, nor a claim against the Owner or the RPR/CA for a payment or allowance of any kind for damage, loss or expense resulting from delays; nor shall the Construction Manager have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his/her work to enable other contractors to perform their work. The only remedy available to the Construction Manager shall be an extension of time. 6.3 Owner's Right to Clean Up 6.3.1 If a dispute arises among the Construction Manager, other contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the RPR/CA determines to be just. 7.0 CHANGES IN THE WORK PROJECT SAFETY AND HEALTH PLAN 00970- Page 43 of 171 7.1 Changes 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, the RPR/CA, the Architect/Engineer and Construction Manager. A Construction Change Directive require agreement by the Owner, the RPR/CA and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the RPR/CA alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Construction Manager shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Construction Manager, the applicable unit prices shall be equitably adjusted. 7.2 Change Orders 7.2.1 A Change Order is a written instrument prepared by the RPR/CA and signed by the Owner, the RPR/CA and Construction Manager stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following methods: .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in writing; .2 unit prices stated in the Contract Documents or subsequently agreed upon, and approved by the appropriate authority in writing; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; .4 or by method provided in subparagraph 7.2.3. PROJECT SAFETY AND HEALTH PLAN 00970- Page 44 of 171 7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Construction Manager, provided a written order signed by the Owner or the RPR/CA is received, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by daily force accounts in a form acceptable to the Owner and the RPR/CA. The daily force account forms shall identify Construction Manager and/or Subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra Work activity claim. Each daily force account form shall be signed by the RPR/CA no later than the close of business on the day the Work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the RPR/CA with all supporting documentation required by the RPR/CA for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; works' or workmen's compensation insurance; and the rental value of equipment and machinery. Markups for overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account shall be made as determined by the RPR/CA. The amount of credit to be allowed by the Construction Manager for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as confirmed by the RPR/CA. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect to that change. 7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered the amount of credit shall be a net cost to Owner as defined in section 5.6.1 of the Contract. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: .1 If the Construction Manager performs the actual Work, the maximum percentage mark-up for overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent (5%); .2 If the Subcontractor performs the actual Work, the subcontractor's percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%). If the Construction Manager does not perform the Work, the maximum mark-up for managing the Work will be five percent (5%); .3 If the Subcontractor performs part of the actual Work, his/her percentage mark- up for overhead and profit shall be a maximum addition of ten percent (10%) on his/her direct Work only. If the Construction Manager performs part of the actual Work, his/her percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. PROJECT SAFETY AND HEALTH PLAN 00970- Page 45 of 171 7.2.5 The Construction Manager shall furnish to the Owner through the RPR/CA, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by the RPR/CA such as certified quotations or invoices shall be provided by the Construction Manager to the RPR/CA at no additional cost to the Owner. 7.2.6 If the Construction Manager claims that any instructions given to him/her by the RPR/CA, by drawings or otherwise, involve extra Work not covered by the Contract, he/she shall give the RPR/CA written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Construction Manager shall proceed in accordance with Paragraph 10.3. .1 The written notice to the RPR/CA for the Extra Work shall include a complete description of the extra Work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. .2 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Construction Manager. 7.2.7 Unless otherwise agreed in writing, the Construction Manager shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Construction Manager in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 4.7. The Construction Manager shall maintain completed daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item. 7.2.8 One or more changes to the Work within the general scope of this Contract, may be ordered by Change Order. The Owner may also issue written directions for changes in the Work and may issue Construction Change Directives, as set forth below. The Construction Manager shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the terms and conditions otherwise provided for in the Contract. 7.2.9 The execution of a Change Order by the Construction Manager shall constitute conclusive evidence of the Construction Manager's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Construction Manager. The Construction Manager, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Construction Manager knew or should have known. 7.3 Authority 7.3.1 The RPR/CA will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent PROJECT SAFETY AND HEALTH PLAN 00970- Page 46 of 171 with the intent of the Contract Documents. Such changes shall be effected by written order issued through the RPR/CA and shall be binding on the Owner and Construction Manager. The Construction Manager shall carry out such written order promptly. 8.0 TIME 8.1 Definitions 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed per this Agreement. The date shall not be postponed by the failure to act of the Construction Manager or of persons or entities for which the Construction Manager is responsible. 8.1.3 The date of Substantial Completion is the date certified by the RPR/CA in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.1.5 The Owner shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Construction Manager. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Construction Manager confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Construction Manager shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Construction Manager. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Construction Manager shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 If the Construction Manager is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, the RPR/CA, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Construction Manager's control, or by delay authorized by the Owner, the RPR/CA, or by any other cause which the RPR/CA determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the RPR/CA may determine, in accordance with subparagraph 6.2.7. PROJECT SAFETY AND HEALTH PLAN 00970- Page 47 of 171 8.3.2 Any claim for extension of time shall be made in writing to the RPR/CA not more than Seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Construction Manager shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be waived. 8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules. 8.3.4 If the Project is delayed as a result of the Construction Manager's refusal or failure to begin the Work on the date of commencement as defined in Paragraph 8.1.2, or his/her refusal or failure to carry the Work forward expeditiously with adequate forces, the Construction Manager/contractor causing the delay shall be liable for, but not limited to, delay claims from other Contractors which are affected. 9.0 PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Construction Manager for performance of the Work under the Contract Documents. 9.2 Schedule of Values 9.2.1 Before submittal of the first Application for Payment, the Construction Manager shall submit to the RPR/CA, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the RPR/CA may require. This schedule, unless objected to by the RPR/CA, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 9.3 Applications for Payment 9.3.1 At least fifteen (15) days before the date established for each progress payment, the Construction Manager shall submit to the RPR/CA an itemized Application for Payment for Work completed in accordance with the schedule of values. Such application shall be notarized and supported by such data substantiating the Construction Manager's right to payment as the Owner or the RPR/CA may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. .1 Such applications may include request for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. PROJECT SAFETY AND HEALTH PLAN 00970- Page 48 of 171 .2 Such applications may not include requests for payment of amounts the Construction Manager does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Construction Manager with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Each application for payment of materials stored onsite shall not exceed the amount of the certified vendor invoice(s) for said materials, less retainage per Sec. 00500, 5.6.1-5.8 and F.S. 218.735 (8)(a). 9.3.3 The Construction Manager warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Construction Manager further warrants that upon submittal of an Application for Payment all Work for which approval for payment have been previously issued and payments received from the Owner shall, to the best of the Construction Manager's knowledge, information and belief, be free and clear of liens, claims security interests or encumbrances in favor of the Construction Manager, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Construction Manager. The warranties are for the administrative convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must seek payment from the Construction Manager or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The RPR/CA will assemble a Project Application for Payment by combining the Construction Manager's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applications. 9.4.2 After the RPR/CA's receipt of the Project Application for Payment, the RPR/CA will either approve the Application for Payment, with a copy to the Construction Manager, for such amount as the RPR/CA determine is properly due, or notify the Construction Manager in writing of the RPR/CA's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment will constitute representations made by the RPR/CA to the Owner, based on their individual observations at the site and the data comprising the Application for Payment submitted by the Construction Manager, that the Work has progressed to the point indicated and that, to the best of the RPR/CA's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for PROJECT SAFETY AND HEALTH PLAN 00970- Page 49 of 171 conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the RPR/CA. The issuance of a separate Approval for Payment will further constitute a representation that the Construction Manager is entitled to payment in the amount approved. However, the issuance of a separate Approval for Payment will not be a representation that the RPR/CA has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Construction Manager's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment or (4) made examination to ascertain how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. 9.5 Decisions to Withhold Approval 9.5.1 The RPR/CA may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Construction Manager and the RPR/CA cannot agree on a revised amount, the RPR/CA shall process the Application for the amount it deems appropriate. The RPR/CA may also decline to approve any Application for Payment because of subsequently discovered evidence or subsequent inspections. It may nullify, in whole or part, any approval previously made to such extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Construction Manager to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the RPR/CA, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. No payment shall be made to the Construction Manager until certificates of insurance or other evidence of compliance by the Construction Manager, with all the requirements of Article 11, have been filed with the Owner and the RPR/CA. 9.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 9.6 Progress Payments 9.6.1 After the RPR/CA has issued an Approval for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the RPR/CA. From the total of the amount determined to be payable on a progress payment, a retainage in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final payment is made. The balance of the amount payable, less all previous payments, shall be approved for payment. .1 It is understood and agreed that the Construction Manager shall not be entitled to demand or receive progress payment based on quantities of Work in excess of those provided in the proposal or covered by approved change orders, PROJECT SAFETY AND HEALTH PLAN 00970- Page 50 of 171 except when such excess quantities have been determined by the RPR/CA to be a part of the final quantity for the item of Work in question. .2 No progress payment shall bind the Owner to the acceptance of any materials or Work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 9.6.2 The Construction Manager shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Construction Manager on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Construction Manager on account of such Subcontractor's portion of the Work. The Construction Manager shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The RPR/CA will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Construction Manager and action taken thereon by the Owner and the RPR/CA on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor the RPR/CA shall have an obligation to pay, or to see to, the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Construction Manager from the sole responsibility for the materials and Work upon which payments have been made or the restoration for any damaged material, or as a waiver of the right of the Owner or the RPR/CA to require the fulfillment of all the terms of the Contract. 9.6.8 Except in case of bona fide disputes, or where the Construction Manager has some other justifiable reason for delay, the Construction Manager shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Construction Manager shall pay to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Construction Manager, the representative amount allowed the Construction Manager on account of the Work performed by the Subcontractor. The Construction Manager shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his/her suppliers and Sub-subcontractors in a similar manner. 9.7 Not used. PROJECT SAFETY AND HEALTH PLAN 00970- Page 51 of 171 9.8 Substantial Completion 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Construction Manager considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a comprehensive list of items to be completed or corrected. The Construction Manager shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Construction Manager to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the RPR/CA will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the list, which is not in accordance with the requirements of the Contract Documents, the Construction Manager shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the RPR/CA. The Construction Manager shall then submit a request for another inspection by the RPR/CA, to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the RPR/CA will prepare a Certificate of Substantial Completion, shall establish responsibilities of the Owner and Construction Manager for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Construction Manager shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Construction Manager and certification by the RPR/CA, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.9 Partial Occupancy or Use 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Construction Manager, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Construction Manager have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Construction Manager considers a portion substantially complete, the Construction Manager and the RPR/CA shall jointly prepare a list as provided under Subparagraph 9.8.2. Consent of the Construction Manager to partial occupancy or use shall not be unreasonably withheld. PROJECT SAFETY AND HEALTH PLAN 00970- Page 52 of 171 The stage of the progress of the Work shall be determined by written agreement between the Owner and Construction Manager or, if no agreement is reached, by decision of the RPR/CA. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, the RPR/CA and Construction Manager shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 Final Completion and Final Payment 9.10.1 Upon completion of the Work, the Construction Manager shall forward to the RPR/CA a written Notice that the Work is ready for final inspection and acceptance and shall also forward to the RPR/CA a final Contractor's Application for Payment. Upon receipt, the RPR/CA will promptly make such inspection. When the RPR/CA, finds the Work acceptable under the Contract Documents and the Contract fully performed, the RPR/CA will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Construction Manager and noted in said final Approval is due and payable. The RPR/CA's final Approval for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Construction Manager's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Construction Manager submits to the RPR/CA (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty ( 30) days' prior written notice has been given to the Owner, (3) a written statement that the Construction Manager knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. The following documents (samples included in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment. (2) Continuation Sheet. (3) Certificate of Substantial Completion. (4) Contractor's Affidavit of Debts and Claims. (5) Contractor's Affidavit of Release of Liens. (6) Final Release of Lien. PROJECT SAFETY AND HEALTH PLAN 00970- Page 53 of 171 (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 9.10.3 Acceptance of final payment by the Construction Manager, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described Subparagraph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of this Article 9 that the Construction Manager furnish proof to the Owner or the RPR/CA that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Construction Manager and the surety that provided the Construction Manager's Public Construction Bond. The Construction Manager must insert this paragraph 9.11 in all its contracts with subcontractors and materialmen. 10.0 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Construction Manager shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Construction Manager shall submit the Construction Manager's safety program to the RPR/CA for review, approval and coordination with the safety programs of other Contractors. 10.1.2 In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and PROJECT SAFETY AND HEALTH PLAN 00970- Page 54 of 171 Construction Manager if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Construction Manager. 10.1.3 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager and the RPR/CA shall then proceed in the same manner described in Subparagraph 10.1.2. 10.1.5 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and the RPR/CA the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and the RPR/CA will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 10.2 Safety of Persons and Property 10.2.1 The Construction Manager shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who maybe affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Construction Manager or the Construction Manager's Subcontractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Construction Manager shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. PROJECT SAFETY AND HEALTH PLAN 00970- Page 55 of 171 10.2.3 The Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Construction Manager shall promptly remedy damage and loss to property referred to in Clauses 10.2.1.2, 10.2.1.3, and 10.2.1.4 caused in whole or in part by the Construction Manager, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Construction Manager is responsible under Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, the RPR/CA or Architect/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Construction Manager. The foregoing obligations of the Construction Manager are in addition to the Construction Manager's obligations under Paragraph 3.18. 10.2.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 10.2.7 The Construction Manager shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Construction Manager shall act, at the Construction Manager's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. 10.4 Site Specific Safety Plan See Section 00970, Project Safety and Health Plan, for minimum requirements of job site safety plan. 11.0 INSURANCE AND BONDS 11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of personnel and material), the Construction Manager shall obtain, at its own expense, insurance as specified in the schedule set forth in Section 00130, Insurance Requirements and Forms which are made part of this Agreement. The Construction Manager will ensure that the insurance obtained will extend protection to all subcontractors engaged by the PROJECT SAFETY AND HEALTH PLAN 00970- Page 56 of 171 Construction Manager. As an alternative, the Construction Manager may require all subcontractors to obtain insurance consistent with the attached schedules. 11.1.2 The Construction Manager will not be permitted to commence Work governed by the Agreement (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 Construction Manager to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager failure to provide satisfactory evidence of insurance. 11.1.3 The Construction Manager 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 required insurance has been reinstated or replaced. Delays in the completion of Work resulting from the failure of the Construction Manager to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the Work commenced on the specified date and time, except for the Construction Manager's failure to provide satisfactory evidence of insurance. 11.1.4 The Construction Manager shall provide, to the County in care of the RPR/CA as satisfactory evidence of the required insurance, either: Certificate of Insurance or a certified copy of the actual insurance policy. 11.1.5 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 11.1.7 The acceptance and/or approval of the Construction Manager's insurance shall not be construed as relieving the Construction Manager from any liability or obligation assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. 11.1.10 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11.2 Builder's Risk Insurance: See Section 00130, Insurance Requirements and Forms, for the minimum requirements. PROJECT SAFETY AND HEALTH PLAN 00970- Page 57 of 171 11.3 Public Construction Bond 11.3.1 A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida. 12.0 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the RPR/CA's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the RPR/CA, be uncovered for their observation and be replaced at the Construction Manager's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the RPR/CA has not specifically requested to observe prior to its being covered, the RPR/CA may request to see such Work and it shall be uncovered by the Construction Manager. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Construction Manager shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. 12.2 Correction of Work 12.2.1 The Construction Manager shall promptly correct Work rejected by the RPR/CA or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the RPR/CA's services and expenses made necessary thereby. 12.2.2 If, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Construction Manager shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Construction Manager a written acceptance of such condition. This period of one (1) year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 12.2.3 The Construction Manager shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Construction Manager nor accepted by the Owner. PROJECT SAFETY AND HEALTH PLAN 00970- Page 58 of 171 12.2.4 If the Construction Manager fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4. If the Construction Manager does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the RPR/CA, the Owner may remove it and store the salvageable materials or equipment at the Construction Manager's expense. If the Construction Manager does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Construction Manager, including compensation for the RPR/CA's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Construction Manager should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Construction Manager are not sufficient to cover such amount, the Construction Manager shall pay the difference to the Owner. 12.2.5 The Construction Manager shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Construction Manager's correction or removal of work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Construction Manager might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 12.2.2, relates only to the specific obligation of the Construction Manager to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Construction Manager's liability with respect to the Construction Manager's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 13.0 MISCELLANEOUS PROVISIONS 13.1 Governing Law 13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida. 13.2 Successors and Assigns 13.2.1 The Owner or the RPR/CA (as the case may be) and the Construction Manager each binds himself/herself, his/her partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the PROJECT SAFETY AND HEALTH PLAN 00970- Page 59 of 171 Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 13.2.2 The Construction Manager shall not assign any monies due or to become due under this Contract without prior written consent of the Owner. 13.3 Not used. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, the RPR/CA, Architect/Engineer or Construction Manager shall constitute a waiver of a right or duty afforded them under the contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Construction Manager shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Construction Manager shall give the RPR/CA timely notice of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear costs of test, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the RPR/CA, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1,the RPR/CA will, upon written authorization from the Owner, instruct the Construction Manager to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Construction Manager shall give timely notice to the RPR/CA of when and where tests and inspections are to be made so the RPR/CA may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Construction Manager shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the RPR/CAs services and expenses. PROJECT SAFETY AND HEALTH PLAN 00970- Page 60 of 171 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Construction Manager and promptly delivered to the RPR/CA. 13.5.5 If the RPR/CA is to observe tests, inspections or approvals required by the Contract Documents, the RPR/CA will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.7 Commencement of Statutory Limitation Period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Statutes. 14.0 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Owner for Cause 14.1.1 The Owner may terminate the Contract if the Construction Manager: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; .or .4 Otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons exist, the Owner, after consultation with the RPR/CA, and upon certification by the RPR/CA that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Construction Manager and the Construction Manager's surety, if any, seventy-two (72) hours written notice,terminate employment of the Construction Manager and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Construction Manager; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem PROJECT SAFETY AND HEALTH PLAN 00970- Page 61 of 171 expedient. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.1.1. the Construction Manager shall not be entitled to receive further payment until the Work is finished. 14.2 Suspension or Termination by the Owner for Convenience 14.2.1 The Owner may, without cause, order the Construction Manager in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.2.2 In the event of Termination, the Owner shall pay forwork completed to date of Termination. SECTION 00970 PROJECT SAFETY AND HEALTH PLAN A. REGULATIONS AND POLICIES Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. The Construction Manager shall comply with OSHA (Occupational Safety and Health Administration) Parts 1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a variance shall include— (1) Specific reference to the provision or standard in question; (2) An explanation as to why the waiver is considered justified; and (3) The Construction Manager 's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable the Contracting Officer to render a decision. No waiver or variance will be approved if it endangers any person. The Construction Manager shall not proceed under any requested revision of provision until the Contracting Officer has given written approval. The Construction Manager is to hold and save harmless Monroe county Florida free from any claims or causes of action whatsoever resulting from the Construction Manager or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may be obtained from: U.S. Government Printing Office Bookstore 710 North Capitol Street N.W. Washington, DC 20401 http://www.qpo.gov/about/bookstore.htm PROJECT SAFETY AND HEALTH PLAN 00970- Page 62 of 171 B. GENERAL CONTRACTOR REQUIREMENTS 1.0 SAFETY PROGRAM Each Contractor and sub-contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Construction Manager is to submit in writing a proposed comprehensive site specific safety program for approval to the Contracting Officer for Monroe County before the start of construction operations. The program is to specifically state what provisions the Construction Manager proposes to take for the health and safety of all employees, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. The Safety Program will also be required to provide emergency contact person, emergency planning and a personnel evacuation plan for any hurricane evacuation event. 1.1 PRECONSTRUCTION SAFETY MEETING Representatives for the Construction Manager are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.2 JOINT SAFETY POLICY COMMITTEE The Construction Manager or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee with the RPR/CA and Construction Manager supervisory personnel. At these meetings the Construction Manager 's project manager and the Contracting Officer will review the effectiveness of the Construction Manager 's safety effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 1.3 SAFETY PERSONNEL Each Contractor is to designate a competent supervisory employee satisfactory to the Contracting Officer to administer the safety program. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 1.4 SAFETY MEETINGS A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Construction Manager is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. PROJECT SAFETY AND HEALTH PLAN 00970- Page 63 of 171 Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. 1.5 SAFETY INSPECTION The Construction Manager shall perform frequent and regular safety inspections of the jobsite, materials, and equipment, and shall correct deficiencies. Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate (10%) ten percent of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed duration of three (3) hours. In summary, there will be a three-part clean-up plan. 1. The first part consists of the Construction Manager cleaning up on a daily basis, his workstations, and his/her trade work. 2. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of one (1) crew is to be utilized by each contractor, or ten (10%) percent, whichever is more. 3. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his/her work. In this case, the appropriate contractors will be back charged. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the Construction Manager and submitted to Monroe County for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the Construction Manager and Monroe County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe County. If Monroe County notifies any Contractor of any noncompliance with the provisions of this program, the Construction Manager shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe County shall take one or more of the following steps: PROJECT SAFETY AND HEALTH PLAN 00970- Page 64 of 171 a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. C. Correct the situation using other forces and back charge the Construction Manager expenses incurred. d. Increase withholding in proportional increments for that given pay period. 1.6 FIRST AID TRAINING Every Contractor foreman's work crew must include an employee who has a current first aid certificate from the, American Red Cross, or other Monroe County approved organization. 1.7 REPORTS Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every assistance is to be given in the investigation of the incident, including submission of a comprehensive narrative report to the Contracting Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Construction Manager is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to investigation of an accident. 1.8 CERTIFICATION OF INSURANCE Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance required under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES 2.1 FIRST AID KITS A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-identified, locations at the ratio of at least one (1) kit for each twenty-five (25) employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID At least one (1) employee certified to administer emergency first aid must be available on each shift and duly designated by the Construction Manager to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.3 COMMUNICATION AND TRANSPORTATION PROJECT SAFETY AND HEALTH PLAN 00970- Page 65 of 171 Prior to the start of work, the Construction Manager is to make necessary arrangements for prompt and dependable communications, transportation, and medical care for injured employees. 2.4 FIRST AID AND MEDICAL REPORTS The Construction Manager is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include: (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses; (b) Cumulative record of injury for each individual; (c)Monthly statistical records of occupational injuries, classified by type and nature of injury; and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.6 EMERGENCY LISTING A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES 3.1 GENERAL REQUIREMENTS Persons employed throughout the contract are to be physically qualified to perform their assigned duties. Employees must not knowingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. No personal radios or stereos will be allowed on the job-site. 3.2 HOIST OPERATORS Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they are physically qualified to safely operate hoisting equipment. The Construction Manager is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS PROJECT SAFETY AND HEALTH PLAN 00970- Page 66 of 171 It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS Operators of motor vehicles engaged primarily in the transportation of personnel are to be (18) eighteen years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by a licensed physician within the past year showing that they are physically qualified to operate vehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT 4.1 HARDHAT AREAS The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Construction Manager shall provide hardhats for visitors entering hardhat areas. 4.1.1 LABELS Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Construction Manager at entries to shops, construction yards, and job access points. 4.3 SAFETY GOGGLES (DRILLERS) 4.3.1 DRILLERS AND HELPERS Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT 5.1 SAFE CONDITION Before any machinery or mechanized equipment is initially used on the job, it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to PROJECT SAFETY AND HEALTH PLAN 00970- Page 67 of 171 using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by equipment operators. 5.2 TAGGING AND LOCKING The controls of power-driven equipment under repair are to be locked.An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE The Construction Manager shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. 5.3.2 SINGLE-LANE HAUL ROADS Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS Haul road design criteria and drawings, if requested by the Contracting Officer, are to be submitted for approval prior to road construction. Sustained grades shall not exceed twelve percent (12%) and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and maximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance. 5.3.5 OPERATORS Machinery and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be provided for the operator and all passengers. 5.3.7 GETTING ON OR OFF EQUIPMENT PROJECT SAFETY AND HEALTH PLAN 00970- Page 68 of 171 Getting on or off equipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION Except in emergencies, an equipment operator shall not operate any mobile or hoisting equipment for more than (12) twelve hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4.1 PERFORMANCE TEST Before initial onsite operation, at 12-month intervals, and after major repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence of a representative of the Contracting Officer. Test data shall be recorded and a copy furnished to the Contracting Officer. 5.4.2 PERFORMANCE TEST—POWER CRANES(Crawler mounted,truck mounted and wheel mounted) The performance test is to be carried out as per ANSI requirements. The test is to consist of raising, lowering, and braking the load and rotating the test load through 3600 degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib, with an appropriate test load in each case. 5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR Power cranes (includes draglines)with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Construction Manager provides the Contracting Officer a copy of a certificate of inspection made within the past (12)twelve months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES PROJECT SAFETY AND HEALTH PLAN 00970- Page 69 of 171 A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and related equipment. 5.4.7 BOOM STOPS Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions of the boom with increasing resistance from 830 or less, until completely stopping the boom at not over 870 above horizontal. 5.4.8 SAFETY HOOKS Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers. When shackles are used under these conditions, they shall be of the locking type or have the pin secured to prohibit turning. 5.5.1 ROLLOVER PROTECTIVE STRUCTURES OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5.2 EQUIPMENT REQUIRING ROPS The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations, Section 1926.602 shall also apply to self- propelled compactors and rollers, and rubber-tired skid-steer equipment. 5.6 LIFT PLAN A Crane Lift or Concrete Boom Truck Plan is required for any crane lift on a Monroe County project. Lifts exceeding (75%) seventy-five percent of the cranes stability / structural capacity chart, requiring movement of a crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads requiring two (or more) hooks, work over occupied facilities, or work involving encroachment on public rights of way are considered critical. These lifts must be authorized in advance. PROJECT SAFETY AND HEALTH PLAN 00970- Page 70 of 171 Critical crane lift plans, if authorized, may have to be reviewed by a professional engineer (PE) (the Construction Manager shall budget the PE review within project budget). Additionally, a critical lift JHA shall be submitted with the Crane Lift Plan. Crane Lift Plans must be submitted at least 48 hours(2 business days) prior to mobilization —five (5) days for critical and helicopter lifts. Crane Lift Plans must be based on "worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one (1) day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. The Crane Lift Plan must be COMPLETE along with attachments — see Section 5 for the required Attachments. All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.), may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan to be amended. The Construction Manager is responsible to visit the site prior to the lift date to review documentary information pertaining to the site, which is maintained by Monroe County. The Construction Manager is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The Construction Manager is responsible to obtain all information that is necessary to develop a power line safety plan. The Construction Manager is responsible to train all personnel involved in the Assembly/ Disassembly and or Crane Lift. The Construction Manager must provide the following information along with the Crane Lift Plan: • Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger, and Signal Person • Load Chart (complete with notes) • Range Chart • Dimension Illustration and Specifications for Crane • Lightning and Wind Restrictions (from operator's manual) • Area (Quadrant) of Operation Diagram PROJECT SAFETY AND HEALTH PLAN 00970- Page 71 of 171 • Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project • Jurisdictional Registration, if required • JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc. • JHA for Power Line Encroachment • Third Party Inspection Certification and Report — see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA) • Weights of Materials • Rigging Plan • Logistics Plan The Construction Manager shall comply with the Site Specific Safety Plan. The Construction Manager / Crane Company / Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Construction Manager, subcontractors, and Monroe County. No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the responsibility of the Construction Manager/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan. 6.0 LADDERS AND SCAFFOLDING 6.1 LADDERS OSHA 1926, Subpart L- Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifting of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451 Scaffolds, platforms, or temporary floors shall be provided for all work except that which can be done safely from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104 Lifelines, safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than (6) six feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage 1. does not block the opening to within one (1) foot of the sides of the shaft, unless cages are provided. PROJECT SAFETY AND HEALTH PLAN 00970- Page 72 of 171 7.0 FIRE PROTECTION 7.1 Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Construction Manager to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. 8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES 8.1 It shall be the Construction Manager 's sole and exclusive responsibility: (a) To provide personnel capable of working adjacent to energized electrical lines or other utilities. (b) To provide adequate, safe, and properly maintained equipment. (c) To conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed. (d)To continuously supervise and inspect the work being performed, to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect/Engineer or the RPR/CA. 9.0 BARRICADES, WARNING DEVICES AND LIGHTING 9.1 The Construction Manager shall be solely responsible for providing temporary ladders, guard rails, warning signs, barricades, night guard lights, and deck or floor closures required in connection with his/her work to comply with Federal, State, and local safety requirements. The Construction Manager shall be solely and exclusively responsible for the design, construction, inspection, and maintenance of such facilities at all times. 9.2 It shall be the responsibility of the Construction Manager to provide additional temporary lighting, if needed to maintain safe conditions. 9.3 It shall be the sole and exclusive responsibility of the Construction Manager to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect/Engineer, or the RPR/CA. 9.4 The Construction Manager shall provide a security fence around the area of the Work so as to prevent entry into the Work area by unauthorized personnel and the general public. PROJECT SAFETY AND HEALTH PLAN 00970- Page 73 of 171 The fence shall have fence post bases that eliminate the need to penetrate the ground for support. 10.0 HAZARDOUS MATERIALS 10.1 In the event the Construction Manager encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the RPR/CA in writing. The Work in the affected area shall not thereafter be resumed, except by written agreement of the Owner and Construction Manager, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Construction Manager. 10.2 The Construction Manager shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the RPR/CA in writing. The Owner, Construction Manager, and the RPR/CA shall then proceed in the same manner described in Subparagraph 10.1 10.4 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and the RPR/CA the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and the RPR/CA will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Construction Manager or the RPR/CA has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and the RPR/CA have no reasonable objection. 11.0 SAFETY OF PERSONS AND PROPERTY 11.1 The Construction Manager shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 Employees on the Work and other persons who may be affected thereby; .2 The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Construction Manager or the Construction Manager's Subcontractors or Sub- subcontractors; PROJECT SAFETY AND HEALTH PLAN 00970- Page 74 of 171 .3 Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction; and .4 Construction or operations by the Owner or other Contractors. 11.2 The Construction Manager shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury, or loss. 11.3 The Construction Manager shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 11.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Construction Manager shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 11.5 The Construction Manager shall promptly remedy damage and loss to property referred to in Clauses11.1.1-11.1.4 caused in whole or in part by the Construction Manager, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Construction Manager is responsible under Clauses 11.1.1-11.1.4, except damage or loss attributable to acts or omissions of the Owner, the RPR/CA, or Architect/Engineer or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Construction Manager. 11.6 The Construction Manager shall designate a responsible member of the Construction Manager's organization at the site whose duty shall be the prevention of accidents. This person shall be the Construction Manager's superintendent unless otherwise designated by the Construction Manager in writing to the Owner or the RPR/CA. 11.7 The Construction Manager shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 12.0 EMERGENCIES 12.1 In an emergency affecting safety of persons or property, the Construction Manager shall act, at the Construction Manager's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Construction Manager on account of an emergency shall be determined as provided in Paragraph 4.7 and Article 7. End of Section 00970 PROJECT SAFETY AND HEALTH PLAN 00970- Page 75 of 171 SECTION 00980 CONSTRUCTION MANAGER QUALITY CONTROL PLAN 1.0 RELATED DOCUMENTS A. Drawings and General Requirements of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section. 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality control services. B. Quality control services include inspections, tests, and related actions, including reports performed by Construction Manager, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect/Engineer. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Construction Manager of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified inspections, tests, and related actions do not limit Construction Manager 's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Construction Manager to provide quality control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Cutting and Patching" specifies requirements for repair and restoration of construction disturbed by inspection and testing activities. 2. Division 1 Section "Submittals: specifies requirements for development of a schedule of required tests and inspections. F. The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 76 of 171 what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. 1.2 RPR/CA'S DUTIES AND RESPONSIBILITIES A. The RPR/CA will monitor all work performed by the Construction Manager and assist the Construction Manager with his/her conformance of the work to the Contract Drawings and Specifications. 1.3 CONSTRUCTION MANAGER'S DUTIES AND RESPONSIBILITIES A. The Construction Manager is responsible for the quality of the work performed by his/her work force on this project as well as the quality of the material, equipment, and supplies furnished by him/her to be incorporated into the work. B. The Construction Manager will provide a Quality Control Plan for approval and designate a Quality Control Representative who will be on site at all times while the respective Construction Manager's work is in progress and will have the authority and responsibility to accept or reject items of work. The Construction Manager's Quality Control Representative may delegate his/her duties but the primary responsibility and authority will rest on him/her. C. The Construction Manager 's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to the RPOR/CA. Any submittal that is at variance to the contract requirements must be identified as such and transmitted to the RPR/CA for submittal and approval by the Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by the RPR/CA. D. The Construction Manager will bear the responsibility of scheduling all required testing and inspections by the designated material-testing laboratory, in a timely fashion, to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Construction Manager. E. The Construction Manager's Quality Control Representative will review his/her drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Construction Manager's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him/her by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings, and specifications shall be brought to the attention of Monroe County representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to the RPR/CA is CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 77 of 171 completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. G. The Construction Manager's Quality Control Representative shall be required to attend periodic scheduled Quality Control meetings at the discretion of the RPR/CA. 1.4 INSPECTION AND TESTING A. The Construction Manager shall be responsible to secure, provide, and pay for all inspections, test, and other quality-control services specified and required by the contract or governing authorities. Costs for these services are included in the Contract Sum. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specifications indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. 1. Where individual Sections specifically indicate that certain inspections, tests, and other quality-control services are the Construction Manager's responsibility, the Construction Manager shall employ and pay a qualified independent testing agency to perform quality-control services. Costs for these services are included in the Contract Sum. a. Where the Owner has engaged a testing agency for testing and inspecting part of the Work, and the Construction Manager is also required to engage an entity for the same or related element, the Construction Manager shall not employ the entity engaged by the Owner, unless agreed to in writing by the Owner. B. Re-testing: The Construction Manager is responsible for re-testing where results of inspections, tests, or other quality-control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Construction Manager's responsibility. 1. The cost of re-testing construction, revised or replaced by the Construction Manager, is the Construction Manager's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. C. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the Work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 78 of 171 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. D. Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual Sections shall cooperate with the Architect/Engineer and the Construction Manager in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the RPR/CA and the Construction Manager promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents or approve or accept any portion of the Work. 3. The agency shall not perform any duties of the Construction Manager. E. The Construction Manager will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. The RPR/CA will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. F. The RPR/CA will coordinate and attend all final inspections of the work. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. See Section 01700 (Contract Closeout) for contract closeout. G. Unless the Construction Manager is responsible for this service, the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to the RPR/CA. If the Construction Manager is responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or similar service through the Construction Manager. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service include, but are not limited to, the following: a. Date of issue. b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 79 of 171 e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. I. Test results and an interpretation of test results. j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested Work complies with Contract Document requirements. I. Name and signature of laboratory inspector. M. Recommendation on re-testing. H. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are pre-qualified as complying with the American Council of Independent Laboratories" Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located. I. General: Upon completion of inspection, testing, sample taking and similar services, the Construction Manager is to: 1. Repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements for Division 1 Section "Cutting and Patching". 2. Protect construction exposed by or for quality-control service activities, and protect repaired construction. 3. Repair and protection is Construction Manager's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. 1.5 INSPECTION PLAN The Construction Manager will utilize a multi-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan will consist of, but not be limited to the following: 1. Preparatory Inspection—Prior to commencing the work, the Construction Manager's Quality Control Representative will meet with the RPR/CA and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 80 of 171 (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: The RPR/CA will record the minutes to this inspection meeting and distribute accordingly. 2. Initial Inspection—Upon completion of a representative sample of a given feature of the work, the Construction Manager's Quality Control Representative will meet with the RPR/CA and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Conformance to contract drawings and specifications. (c) Construction methods, equipment, and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Note: The RPR/CA will record the minutes to this inspection meeting and distribute accordingly. 3. Follow-up Inspections—The Construction Manager 's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates, and flooring. These reports are to be generated by the Construction Manager and submitted to the RPR/CA for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.6.13 of this plan.) CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 81 of 171 Note: The Construction Manager shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. 4. Completion Inspections—Upon completion of a given feature of the work, the Construction Manager's Quality Control Representative will meet with the RPR/CA, if he/she so desires to attend, to perform an inspection of the completed work. Nonconforming items will be identified and corrected prior to commencement of the next operation. Note: The Construction Manager shall conduct and report corrections of this inspection which shall be a required submittal. 5. Follow-On Inspections—Upon execution of the Construction Manager 's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Construction Manager shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: The RPR/CA will record the minutes to this inspection meeting. 6. Pre-Final Inspection—Upon substantial completion of the project work the RPR/CA shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he/she so desires. This inspection shall be completed at least (15) fifteen days prior to the final substantial completion inspection which shall be conducted by the RPR/CA. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. 1.6 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the RPR/CA. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Construction Manager's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring, and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. NONCONFORMANCE REPORT CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 82 of 171 Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by the RPR/CA. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Site Project Manager for his/her information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformance needs to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter- affect payments. Whether that be partial or full retainage will be left up to the discretion of the RPR/CA. 1.7 AUDITS A. The RPR/CA may choose at its option to perform Contractor audits of their Construction Manager Quality Control Plan at any time. Reports of these audit results will be forwarded to the RPR/CA for his/her action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. End of Section 00980 CONSTRUCTION MANAGER QUALITY CONTROL PLAN 00980- Page 83 of 171 SECTION 01015 CONSTUCTION MANAGER'S USE OF PREMISES PART 1 —GENERAL 1.1 DESCRIPTION A. Work included: This Section applies to situations in which the Construction Manager or his representatives including, but not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon Owner's property. Related work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Promptly upon award of the Contract, notify all pertinent personnel regarding requirements of this Section. Require all personnel who will enter upon the Owner's property certify their awareness of and familiarity with requirements of this Section. 1.3 SUBMITTALS Maintain an accurate record of names and identification of all persons entering upon Owner's property in connection with Work of this Contract, including times of entering and times of leaving, and submit a copy of the record to Owner daily. 1.4 TRANSPORTATION FACILITIES A. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach job site. Contractor's vehicles: 1. Require Contractor's vehicles, vehicles belonging to employees of Construction Manager, and all other vehicles entering upon Owner's property in performance of Work of Contract, to use only the Access Route approved in advance by Owner. Do not permit such vehicles to park on any street or other area of Owner's property except in the area approved by Owner as " Construction Manager 's Parking Area." CONTRACTOR'S USE OF PREMISES 01015- Page 84 of 171 1.5 SECURITY A. Restrict access of all persons entering upon the Owner's property in connection with work to the Access Route and to actual site of the work. End of Section 01015 CONTRACTOR'S USE OF PREMISES 01015- Page 85 of 171 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Construction Manager 's Construction Schedule, Schedule of Values, and the initial Submittal Schedule have been received, reviewed, and approved by the RPR/CA. B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of Lien with each Application for Payment. C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70 et seq., Florida Statutes. D. Monroe County makes every effort to meet the payment schedule. It is requested that the Construction Manager not make any calls to any County office inquiring about payment until the twentieth (20th) day after submission of the pay request. 4. MONTHLY PAY REQUEST PROCEDURE A. RPR/CA to review as-builts as to current additions, corrections, etc., prior to monthly approval to ensure as-builts are current. 5. FINAL PAY PROCEDURE A. To help expedite the final payment, it is necessary for the RPR/CA to have a correct and complete package of documents twenty (20) days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents for the RPR/CA to obtain necessary signatures and submit project for Final Payment. Construction Manager shall submit all required forms and releases to the RPR/CA. The following documents (samples attached) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet APPLICATION FOR PAYMENT 01027-Page 86 of 171 (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers must be submitted prior to final payment in both bound paper and electronic PDF form. C. It is the Construction Manager's responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by the RPR/CA. Final Pay Request must be submitted no later than thirty (30) days after final project completion and acceptance. 6. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate Application number, date, line item by number and description. APPLICATION FOR PAYMENT 01027-Page 87 of 171 Y -6 O 00 U E Y ° Ou Y C Y aJ ° O c U m O N 7 �M- O U O -° -6 O N ++ C Y CY Q U an O N O c -6 -O § N U y E O o O N O c- fa O -O � v v Q c E U Q c ^ a o Q Q Y o c ° o a a m U O O n T o � •n ° o E � � � a v c g O 00 O o `O Y a] C fa N m O Q O m O a-+ i Y m u >,• aJ Y U 0� m ra 3 Y U c m an O a Q v v v Q c E L c O c c c 3 afn U v c o m m d = d O O orl- U C) c ° a o o 6 Q W a 2 c v Y Q m v � Q O m g � u Y � an Q o U Q = v 3 Y Q u U O O - 0 N On o ~ v Y o w ate.+ m o 1 cc U L an U N O E ` T ate.+ OJ O f0 E m � m U c j 'd oo W Q c o N d W O Y O O YO c 7 N _ N = v an o an c E ° c >0 ° o 3 o v LL YO Y T fa ° y of O - o m p Q O o p cps o Q F= t Es c is v `o 3 w V 'U o •3 v v aj v v m v c aJ °- c v - c w Q c aJ - aJ c .. o N c c c ° v on Y c Q E ° w , > Dann v - v c� u v v v° Q Q v U 3 U O ' O O ;� N ' aJ w ut w an > a] U Q s Y .c- Q H s Q a Q m 0 h m 3 a u m Ln Ln Z c 4! E T d O aj v O Q ate+ Q to Q o 0 Z cW G a o Z CC LL w T .. G O cajO G} o 6E N LL U O O Q N Q Q ^ 2 Z U abn n E LL a c c LL E ° o O O ° U U ° LL \ LL aj Q E v an E Z O U Q O N cL aj Ll J Z m an E ' T Q Uo c E > LL v Q A u .. u ra u O ra an _ L.` •U U f0 -° f0 L f0 U W C U 2 aj IJ Q Q E °J c OJ° c .an U c Y a Y v > 2— O O do O O OJ O N O a] (Ij m {n Q LL LL U LL U O Z U F F J U co cr LL 0 Q W a a W Q a j m � W l"I w I� U W S Z O O v- CD ~ LLU O V a Q m 00 li (0 d U o •�• N �? O U- O o ui O I-- O o p w a Z p w o O Z Ja 00 OLU , 0oWw W Q 0- am + On Q JU 1 - a d JOn a Q � Q 0 z w O m a � ° m J 0 F F z a z F w Z m -- a 0 O w Wa � O F � J (0 T a co 0 E ° u Y N Z E o a Z LUw � w' G (0 o a U 0 p a Q o a N N O 0 N 0 F— p � mm W LL C C N � W LLJ m w C TT ~ O u oW Q LL `= ° `mN Z � �' > o W m m75 O W � � °' a U = = � ° Q � :3NE a 0 Q vn ° mm °Z E 3 a `� O ° a aLL Z O " m °M z `° a O o � ° L Z �Z- o m — _ J '� 0 ° O J d m -0U c d U QU DU Q 2a a L z MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: INITIATION DATE: (change order date) CHANGE ORDER NO: TO CONTRACTOR: (name &address) CONTRACT DATE: The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ Net change by previously authorized Change Orders...................................................$ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order.......$ The new (Contract Sum)_(Guaranteed Maximum Price) including this Change Order is.......$ The Contract Time will be (increased) (decreased) (unchanged)by.................................. The date of Substantial Completion as of the date of this Change Order is........................ Detailed description of change order and justification: This change order is % of the original contract price. Not valid until signed by Owner,Architect(if applicable), and Contractor ARCHITECT: Date CONTRACTOR: Date RPR/CA Date COUNTY/ASSISTANT ADMINISTRATOR: Roman Gastesi Date Kevin Wilson Christine Hurley APPLICATION FOR PAYMENT 01027-Page 90 of 171 Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes ❑ No ❑ If yes, explanation: • Change Order was included in the original specifications. Yes ❑ No ❑ If yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater) Yes ❑ No ❑ If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑ No ❑ Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑ Explain: APPLICATION FOR PAYMENT 01027-Page 91 of 171 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CONTRACT FOR: (Name and address) CONTRACT DATE: TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Project Manager's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as: which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. INSPECTOR BY DATE (if used) The Contractor will complete or correct the Work on the list of items attached hereto within the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time), on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements and coverage. APPLICATION FOR PAYMENT 01027-Page 92 of 171 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATE: PROJECT: (Name and address) State of County of The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, hereby certifies that, except as listed below, he/she has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,for all work, labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond satisfactory to the Owner for each exception). SUPPORTING DOCUMENTS ATTACHED CONTRACTOR: HERETO: 1. Consent of Surety to Final Payment. Address Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate (Signature of authorized representative) attachment: yes ( ) no( ) The following supporting documents should be (Printed Name and Title) attached hereto: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. The foregoing instrument was acknowledged before me this day of 20_, 2. Separate Releases or Waivers of Liens by from Subcontractors and material and Who is ( ) personally known to me or( ) equipment suppliers, to the extent produced a driver's license as identification. required by the Owner, accompanied by a list thereof. NOTARY PUBLIC, STATE OF FLORIDA 3. Contractor's Affidavit or Release of Liens. Print, type of stamp commissioned name of notary My Commission Expires: (SEAL) APPLICATION FOR PAYMENT 01027-Page 93 of 171 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO OWNER: CONTRACT FOR: (Name and address) CONTRACT DATED: PROJECT: (Name and address) State of County of The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: The foregoing instrument was acknowledged before me this day of 20_, SUPPORTING DOCUMENTS ATTACHED by Who is ( ) personally known to me or( ) HERETO: produced a driver's license as identification. 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. NOTARY PUBLIC, STATE OF FLORIDA 2. Separate Releases or Waivers of Liens from Print, type of stamp commissioned name of notary Subcontractors and material and equipment suppliers, to the extent required by the My Commission Expires: Owner, accompanied by a list thereof. (SEAL) CONTRACTOR: Address (Signature of authorized representative) (Printed name and Title) APPLICATION FOR PAYMENT 01027-Page 94 of 171 MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of Dollars ($ ) paid to by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release and quitclaim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which has (have) or might have against the property, building, and/or improvements, on account of labor performed, material furnished, and/or for any incidental expense for the construction of thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF THIS day of 120 The foregoing instrument was acknowledged before me this day of 20_, by (Name of Company) Who is ( ) personally known to me or( ) produced a driver's license as identification. (Signature of authorized representative) NOTARY PUBLIC, STATE OF FLORIDA (Printed name and Title) Print, type of stamp commissioned name of notary Witness My Commission Expires: Witness (SEAL) APPLICATION FOR PAYMENT 01027-Page 95 of 171 MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of$ as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none, write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature, Title APPLICATION FOR PAYMENT 01027-Page 96 of 171 SECTION 01030 ALTERNATES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for Alternates. B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal Form for certain construction activities defined in the Proposal Requirements that may be added to or deducted from Base Proposal amount if the Owner decides to accept a corresponding change in either the installation or methods described in Contract Documents. C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. D. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. 1. Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. End of Section 01030 ALTERNATES 01030-Page 97 of 171 SECTION 01040 PROJECT COORDINATION PART I — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and supervisory requirements of the Construction Manager necessary for Project coordination including, but not necessarily limited to: 1. Coordination. 2. Administrative and supervisory personnel. 3. General installation provisions. 4. Cleaning and protection. B. Field engineering is included in Section 01050 "Field Engineering". C. Progress meetings, coordination meetings, and pre-installation conferences are included in Section 01200 "Project Meetings". D. Requirements for the Construction Manager's Construction Schedule are included in Section 01301 "Submittals". 1.3 COORDINATION A. Coordination: Coordinate construction activities included under various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service and repair. 3. Make adequate provisions to accommodate items scheduled for later PROJECT COORDINATION 01040-Page 98 of 171 installation. B. Where necessary, prepare memoranda for distribution to each party involved outlining special procedures required for coordination. Include items as required notices, reports, and attendance at meetings. 1. Prepare similar memoranda for the Owner and separate Contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated in, the Work. Refer to other sections for disposition of salvaged materials that are designated as Owner's property. 1.4 SUBMITTALS A. Coordination Drawings: Prepare and submit coordination Drawings where close and careful coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the interrelationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01301 "Submittals". B. Staff Names: Within fifteen (15) days of Notice to Proceed, submit a list of the Construction Manager's principal staff assignments, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and at each temporary telephone. PROJECT COORDINATION 01040-Page 99 of 171 PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. Provide attachment and connection devices and methods necessary for security Work. Secure Work true to line and level. Allow for expansion and building movement. Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to obtain the best visual effect. Refer questionable choices to the RPR/CA for final decision. Recheck measurements and dimensions, before starting each installation. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Coordinate temporary enclosures with required inspections and tests, to minimize the necessity of uncovering completed construction for that purpose. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to the RPR/CA for final decision. 3.2 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposures: Supervise construction activities to ensure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, PROJECT COORDINATION 01040-Page 100 of 171 or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: LIMITING EXPOSURES 1. Excessive static or dynamic loading 2. Excessive internal or external pressures 3. Excessively high or low temperatures 4. Thermal shock 5. Excessively high or low humidity 6. Air contamination or pollution 7. Water 8. Solvents 9. Chemicals 10. Light 11. Radiation 12. Puncture 13. Abrasion 14. Heavy traffic 15. Soiling, staining and corrosion 16. Bacteria 17. Rodent and insect infestation 18. Combustion 19. Electrical current 20. High speed operation 21. Improper lubrication 22. Unusual wear or other misuse 23. Contract between incompatible materials 24. Destructive testing 25. Misalignment 26. Excessive weathering 27. Unprotected storage 28. Improper shipping or handling 29. Theft 30. Vandalism End of Section 01040 PROJECT COORDINATION 01040-Page 101 of 171 SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.1. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements of the Construction Manager for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section: "Coordination" for procedures for coordination cutting and patching with other construction activities. 2. Division 2 Section: "Selective Demolition" for demolition of selected portions of the building for alterations. 3. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. a. Requirements of this Section apply to mechanical and electrical installations. 4. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 5. List products to be used and firms or entities that will perform Work. 6. Indicate dates when cutting and patching will be performed. 7. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. 8. Where cutting and patching involves adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with the original structure. 9. Approval by the RPR/CA to proceed with cutting and patching does not waive the RPR/CA's right to later require complete removal and replacement of unsatisfactory work. 1.3 NOT USED CUTTING AND PATCHING 01045-Page 102 of 171 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would change their load-carrying capacity or load-deflection ratio. 1. Obtain approval of the cutting and patching bid before cutting and patching the following structural elements: a. Foundation construction. b. Bearing and retaining walls. C. Structural concrete. d. Structural steel. e. Lintels. f. Timber and primary wood framing. g. Structural decking. h. Stair systems. i. Miscellaneous structural metals. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 1. Obtain approval of the cutting and patching bid before cutting and patching the following operating elements or safety related systems. a. Fire protection systems. b. Control systems. C. Communication systems. d. Electrical wiring systems. C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in the RPR/CA 's opinion, reduce the building's aesthetic qualities. Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. 1. If possible retain the original Installer or fabricator to cut and patch the exposed Work listed below. If it is impossible to engage the original Installer or fabricator, engage another recognized experienced and specialized firm. a. Stonework and stone masonry. b. Ornamental metal. CUTTING AND PATCHING 01045-Page 103 of 171 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 1. Before proceeding, meet at the Project Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. CUTTING AND PATCHING 01045-Page 104 of 171 B. Cutting: Cut existing construction methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. 1. In general, where cutting, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. 3. Cut through concrete and masonry using a cutting machine, such as a Carborundum saw or a diamond-core drill. 4. Comply with requirements of applicable Division 2 Sections where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by- pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Where removing walls or partitions extends one finished area into another area, patch and repair floor. 3.4 CLEANING A. Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged piping covering to its original condition. End of Section 01045 CUTTING AND PATCHING 01045-Page 105 of 171 SECTION 01050 FIELD ENGINEERING PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements of the Construction Manager for field-engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil-engineering services. 3. Damage surveys. 4. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that are related to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner-accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements. B. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of"Submittals" and "Project Closeout" Sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land surveyor registered in the state where the Project is located, to perform required land-surveying services. B. Engineer Qualifications: Engage an engineer of the discipline required, licensed in the state where the Project is located, to perform required engineering services. FIELD ENGINEERING 01050-Page 106 of 171 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line corner stakes. B. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. C. Establish and maintain a minimum of two (2) permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary, sewer, storm sewer, and water-service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. FIELD ENGINEERING 01050-Page 107 of 171 2. As construction proceeds, check every major element for line, level, and plumb. B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. 1. Record deviations from required lines and levels, and advise the RPR/CA when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. End of Section 01050 FIELD ENGINEERING 01050-Page 108 of 171 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Pre-Construction Meetings 2. Periodic Progress Meetings 3. Concrete Pre-Pour Meetings 4. Safety Meetings 5. Critical Lift Meetings 6. Quality Control Meetings 2. RPR/CA'S RESPONSIBILITY A. The RPR/CA shall schedule and administer pre-construction meeting, periodic progress meetings, Concrete Pre-Pour Meetings, Critical Lift Meetings, Quality Control Meetings and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting twenty-four (24) hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To RPR/CA staff as needed. B. The Architect/Engineer and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. CONSTRUCTION MANAGER'S RESPONSIBILITY A. Representatives of the Construction Manager's, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. B. The Construction Manager shall schedule and administer Safety Meetings. 1. Prepare agenda for meetings. 2. Provide notice of each meeting twenty-four (24) in advance of meeting date, or provide as much advance notice as possible. PROJECT MEETINGS 01200-Page 109 of 171 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. To RPR/CA staff as needed. 4. PRE-CONSTRUCTION MEETING A. Location: A central site designated by the RPR/CA. B. Attendance: 1. RPR/CA. 2. The Architect/Engineer and his professional consultants (as required). 3. The Construction Manager's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Bid requests. C. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Project Record Documents as set forth in Section 01720 (Project Records Documents)of the General Requirements. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within three (3) days. PROJECT MEETINGS 01200-Page 110 of 171 D. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. 5. PERIODIC PROGRESS MEETINGS A. The Construction Manager's Project Manager and/or Superintendent shall be required to attend a periodic scheduled meeting at the discretion of the RPR/CA. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his/her professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. D. Suggested Agenda: 1. Distribute meeting minutes. 2. Approval of the minutes. 3. Review of Work progress since previous meeting. 4. Field observations, problems, conflicts, Requests for Information (RFI). 5. Problems which impede Construction Schedule. 6. Review of off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain projected schedule. 8. Revisions to Construction Schedule. 9. Progress, schedule, during succeeding Work period. 10. Coordination of schedules. 11. Review submittal schedules. 12. Maintenance of quality standards. 13. Pending changes, substitutions and Change Order Requests (COR). 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 15. Other business. PROJECT MEETINGS 01200-Page 111 of 171 E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. 6. CONCRETE PRE-POUR MEETINGS A. The Construction Manager's Project Manager and/or Superintendent and Concrete Sub-Contractor(s) shall be required to attend a scheduled Concrete Pre- Pour Meeting at the discretion of the RPR/CA prior to any concrete being placed. Construction Manager is required to respond to the County Concrete Check List by providing all required information requested in the Check List seventy-two (72) hours prior to placement. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Suppliers as appropriate to the agenda. 5. Others. 7. Required Agenda: 1. Review of completed County Concrete Check List. 2. Review of Contractor's Quality Control Plan. 3. Field observations, problems, conflicts, Requests for Information (RFI). 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Review of mix submittals. 7. Maintenance of quality standards. 8. Pending changes, substitutions and Change Order Requests (COR). 5. Distribute County Checklist seventy-two (72) hours prior to placing Concrete. 8. SAFETY MEETINGS PROJECT MEETINGS 01200-Page 112 of 171 A. A minimum of one (1) "on-the-job" or "toolbox" safety meeting is to be conducted by the Construction Manager each week by all field supervisors or foremen and attended by mechanics and all construction personnel at the jobsite. The Construction Manager is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supervision. Each Contractor and Subcontractor shall be expected to indoctrinate his/her employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. B. Location of the meetings: A central site designated by the Construction Manager, typically it will be at the project site. C. Attendance: 1. The Construction Manager's superintendent, all field supervisors, foremen, mechanics and all construction personnel at the jobsite. 2. RPR/CA. 3. The Architect/Engineer and his professional consultants as needed. 4. Sub-Contractors as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. Recommended Agenda: 1. Accidents, injuries, near-misses, discuss a. Incidents that have occurred in your company since the last meeting, b. Any follow-up that has been done as a result of investigations into incidents, C. Incidents that have happened in other companies. d. Updates to the company's Accident Prevention Plan from "lessons learned." 2. Results of safety inspections. a. Discuss the results of recent safety inspections. b. Follow up on assignments for eliminating or controlling identified hazards. C. Encourage employees to identify any unsafe conditions or tasks, and discuss ways to eliminate or control the hazards. d. When appropriate, assign responsibilities for eliminating or controlling identified hazards. 3. Training. PROJECT MEETINGS 01200-Page 113 of 171 a. Discuss any new safe work procedures or other policies and procedures that need to be implemented. b. Safety Topic of the Month: a presentation and discussion on the chosen topic. 4. Open forum. a. Anyone who has a concern about safety and health should bring it up for discussion. 5. Next meeting. a. Set the time, date and place for the next meeting. b. Select a Safety Topic and designate the presenter/discussion leader. 6. Persons Attending 9. CRITICAL LIFT MEETING A. The Construction Manager's Project Manager and/or Superintendent and Lift Contractor shall be required to attend a scheduled Critical Lift meeting at the discretion of the RPR/CA prior to any Critical Lift. The Contractor is required to provide a Critical Lift Plan for review five (5) days prior to the Critical Lift. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site prior to the lift. C. Attendance: 1. RPR/CA. 2. The Construction Manager's superintendent. 2. The Architect/Engineer and his professional consultants as needed. 3. Contractors as appropriate to the agenda. 4. Lift Operator and riggers as appropriate to the agenda. 5. Suppliers as appropriate to the agenda. 6. Others. D. For the purposes of this contract a lift defined as a Critical Lift will include, but not be limited to: • When more than one crane, in combination is required • Loads exceeding seventy-five percent (75%) of the rated capacity of any one crane • Personnel lifting • Loads that will require suspension directly above rigging personnel • Lifts that result in loads leaving direct view of the crane operator • Loads that are extremely valuable, irreplaceable, or unrepairable PROJECT MEETINGS 01200-Page 114 of 171 • Loads that could potentially become damaging to other equipment or utilities • Loads that are potentially unstable in flight • Lifting of loads whose replacement(purchasing lead)time exceeds ten (10) days • Lifting of loads whose loss would result in County or equipment operational shutdown E. Required Agenda: 1. Review Sections 00970.5.0-5.6 of The Contract General Requirements 2. Review Crane Test Certification per 00970.5.4.1 2. Review of Lift Activity 3. Review of Lift Plan 4. Review Overhead Utility Locations 5. Review Hand Signals/Communication Systems 6. Handling Sequence 7. Traffic Control 8. Questions/solutions 10. QUALITY CONTROL MEETINGS A. For each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications, the Construction Manager's Quality Control Representative shall be required to attend scheduled meetings at the discretion of the RPR/CA. B. Location of the meetings: A central site designated by the RPR/CA, typically it will be at the project site. C. Attendance: 1. RPR/CA 2. Construction Manager's Quality Control Representative 3. The Architect/Engineer and his/her professional consultants as needed 4. Sub-Contractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Others D. Suggested Agenda: 1. Distribute meeting minutes 2. Approval of the minutes 3. Approval of shop drawings and submittals 4. Review Daily Quality Control Reports 5. Review Non-Conformance Reports 6. Quality standards 7. Workmanship to established quality standards PROJECT MEETINGS 01200-Page 115 of 171 8. Conformance to contract drawings and specifications 9. Construction methods, equipment, and tools utilized 10. Materials and articles utilized 11. Adequacy of testing methods 12. Adequacy of shop drawings 13. Adequacy of safety or environmental precautions 14. Other business E. Revisions to minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled meeting, they will be accepted as properly stating the activities and decisions of the meeting. 2. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. 3. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. End of Section 01200 PROJECT MEETINGS 01200-Page 116 of 171 SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Construction Manager shall submit to the RPR/CA, shop drawings, product data, certifications and samples required by the technical sections. 2. The Construction Manager shall prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data, and sample requirements. 1.2 SUBMITTAL SCHEDULE A. The Construction Manager shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the RPR/CA for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information for all required submittals on both paper and electronic PDF. 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Construction Manager shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted. 2. Date Construction Manager has scheduled to order material or equipment or the submittal item. 3. Date Construction Manager has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the RPR/CA should be aware of. C. The Construction Manager shall allow a minimum of two (2) weeks for review of submittal by the RPR/CA (in calendar days). SUBMITTALS 01301-Page 117 of 171 D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of the RPR/CA and the Construction Manager. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect/Engineer b. The RPR/CA C. The Construction Manager d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Construction Manager to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. F. The Construction Manager shall submit seven (7) sets to the RPR/CA. The RPR/CA will check the submission and forward five (5) sets to the Construction Manager. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the RPR/CA and other trade contractors by the Construction Manager prior to the start of the Work. 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to the RPR/CA. Submit seven (7) copies of product data to the RPR/CA. SUBMITTALS 01301-Page 118 of 171 B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. The Construction Manager shall submit seven (7) sets to the RPR/CA. The RPR/CA will check and return five (5) copies to the Construction Manager after review. 1.5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project Site in a location designated by the RPR/CA. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The Construction Manager shall submit three (3) samples to the RPR/CA and one (1) will be returned to the Construction Manager after review/return from the RPR/CA. 1.6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Construction Manager 's letterhead stationery. Certifications shall be identified to this Project, dated and bear Construction Manager's signature in the same format used for the Owner/ Construction Manager agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The Construction Manager shall submit one (1) original and six (6) copies to the RPR/CA. The RPR/CA will retain two (2) sets and the balance returned to the Contractor after review. 1.7 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. Before making submittals to the RPR/CA, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the RPR/CA for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the RPR/CA. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. SUBMITTALS 01301-Page 119 of 171 C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the RPR/CA in writing of deviations in submittals from the requirements of the Contract Documents. E. After the RPR/CA 's review, distribute copies with one (1) copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the RPR/CA's stamp and initials indicating review. G. The Construction Manager 's responsibility for errors and omissions in submittals is not relieved by the RPR/CA's review of submittals. H. The Construction Manager's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the RPR/CA review of submittals unless the RPR/CA gives written acceptance of specific deviations. I. All submittals shall be submitted to Monroe County the RPR/CA and Consultants in Adobe PDF format. 1.8 RPR/CA'S RESPONSIBILITIES A. The RPR/CA will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The RPR/CA will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Record File copy, and return the submittal to the Construction Manager, with copies to the RPR/CA. C. The RPR/CA will return to the Construction Manager, without review, all submittals not bearing the Construction Manager's review stamp or not showing it has been reviewed by the Construction Manager. End of Section 01301 SUBMITTALS 01301-Page 120 of 171 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction Manager submission of Progress schedules. 2. Construction Manager submission of Revisions to schedules. B. Related sections: 1. Scope of work. C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the site work, prepare and submit to the RPR/CA for approval, construction progress schedules for the work, with sub-schedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules, Construction Manager to submit format of schedule for approval by the RPR/CA. 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect/Engineer. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES PROGRESS SCHEDULES 01310-Page 121 of 171 A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMITTALS A. Submit initial schedules within seven (7) days after receipt of the Contract Notice to Proceed. 1. The RPR/CA will review schedules and return approved copy. 2. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Construction Manager, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the RPR/CA to notify the Construction Manager when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, or in any way to superintend so as to relieve the Construction Manager of responsibility or of any consequence of neglect or carelessness. End of Section 01310 PROGRESS SCHEDULES 01310-Page 122 of 171 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Construction Manager submission of a Schedule of Values. 1. The Schedule of Values allocated to the various portions of the Work by Divisions shall be submitted to the RPR/CA within three (3) days after Notice to Proceed. 2. No item in the Schedule of Values shall exceed $25,000.00 without prior approval from Monroe County the RPR/CA. 3. Upon request of the RPR/CA, revise and/or support the values with data which will substantiate their correctness. 4. The Schedule of Values forms the basis for the Construction Manager's Applications for Payment. 5. The Schedule of Values shall be the basis for the amount of credit to be allowed by the Construction Manager to the Owner as per 5.6.1 of the Contract. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Construction Manager 's standard forms and automated printout will be considered by the RPR/CA upon the Construction Manager's request. Identify schedule with: 1. Title of Project and location 2. Architect/Engineer 3. Name and Address of the Construction Manager 4. Contract designation 5. Date of submission B. List the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 5. Safety. SCHEDULE OF VALUES 01370-Page 123 of 171 E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Construction Manager 's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. C. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 3. Submit a sub-schedule for each separate stage of work specified. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 REVIEW AND SUBMITTAL A. After review by the RPR/CA, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. End of Section 01370 SCHEDULE OF VALUES 01370-Page 124 of 171 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by the General Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by the General Contractor performing work on the project. We have provided a form for your use at the end of this section. If you chose to use your own form, all the information asked for on the Daily Construction Report form included in this section, must be included on your form. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, February 14, 2008, so you would therefore use "Thursday, 2/14/08." This holds true even if you did not complete filling out the Report until Friday, 2/15/08. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc., that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, by all subcontractors, and or employees, currently working on the project. Furthermore, be sure to include any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS DAILY CONSTRUCTION REPORTS 01385-Page 125 of 171 A. Daily Reports are to be submitted to the RPR/CA at the regularly scheduled Project Meetings. Contractors are to submit the original of their report, and should keep a copy for their records. The RPR/CA photocopying facilities are not to be used in the reproduction for submission of the reports. B. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. DAILY CONSTRUCTION REPORT PROJECT: REPORT NO: CONTRACTOR: DATE TIME WEATHER TEMP.RANGE EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE WORK IN PROGRESS PRESENT AT SITE OBSERVATIONS ITEMS TO SATISFY INFORMATION OR ACTION REQUIRED ATTACHMENTS REPORT BY: DAILY CONSTRUCTION REPORTS 01385-Page 126 of 171 SECTION 01395 REQUEST FOR INFORMATION (RFI) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification to Architect/Engineer and the RPR/CA in the event errors, field conflicts, and omissions are found in the Contract Documents or clarifications are necessary. 2. Utilization of(RFI) form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 6.2 and 8.3.2 3. General Conditions Article 12.3 and 13.3 1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION A. All errors,field conflicts, and omissions in the Contract Documents shall be brought to the attention of Architect/Engineer and the RPR/CA immediately. If clarifications are necessary, the request is to be conveyed to Architect/Engineer and the RPR/CA. Architect/Engineer and the RPR/CA will respond to the Construction Manager. The RFI is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The RFI is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 13.3.1, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The responses provided on the RFI form to the Construction Manager are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraphs 6.2, 7.2, and 8.3 of the Contract General Conditions. Should the Construction Manager consider the RFI response requires extra work, notification in accordance with Agreement written notice provision is required. 1.3 UTILIZATION OF RFI FORM A. The RFI form to be utilized is included at the end of this section, if you wish to use a form of your own; it must contain the same information requested on our form and submitted in PDF format. REQUEST FOR INFORMATION (RFI) 01395-Page 127 of 171 REQUEST FOR INFORMATION (RFI) DATE RFI# PROJECT FROM CONTRACTOR ADDRESS PHONE FAX CELL Email address TO ARCHITECT ADDRESS PHONE FAX CELL Email address DESCRIPTION CONTRACTORS RECOMMENDATION COST IM PACT NAME DATE RESPONSE NAME DATE REQUEST FOR INFORMATION (RFI) 01395-Page 128 of 171 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Selection and payment. 2. The Construction Manager submittals. 3. Testing laboratory responsibilities. 4. Testing laboratory reports. 5. Limits on testing laboratory authority. 6. The Construction Manager responsibilities. 7. Schedule of inspections and tests. B. Section Includes: 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Individual Specification Sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Construction Manager shall be responsible to secure and pay for all testing services of a qualified independent testing laboratory to perform specified inspections and testing as indicated in Technical Specification Sections and as required by the contract or any governing authorities. Any reference in the Contract Documents, Drawings, Front End Documents or Technical Specification indicating the Owner is responsible to secure and pay for testing shall be disregarded and rendered null and void. B. Employment of testing laboratory shall in no way relieve the Construction Manager of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. TESTING LABORATORY SERVICES 01410-Page 129 of 171 C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy traceable to either National Bureau of Standards (NBS) standards or accepted values of natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the RPR/CA and the Construction Manager in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the RPR/CA and the Construction Manager of observed irregularities or non-conformance of the Work or products. F. Perform additional inspections and tests required by the RPR/CA. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to the RPR/CA and Construction Manager. B. Include: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and Specifications Section. 6. Location in the Project. 7. Type of inspection or test. 8. Date of test. 9. Results of test. 10. Conformance with the Contract Documents. C. When requested by the RPR/CA, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY TESTING LABORATORY SERVICES 01410-Page 130 of 171 A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Construction Manager. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONSTRUCTION MANAGER RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the RPR/CA and the testing laboratory (24) twenty-four hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any re-tests shall be the responsibility of the Construction Manager. End of Section 01410 TESTING LABORATORY SERVICES 01410-Page 131 of 171 SECTION 01421 REFERENCE STANDARDS AND DEFINITIONS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 Specifications Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the conditions of this Contract. B. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown", "noted", "scheduled", and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by the RPR/CA", "requested by the RPR/CA", and similar phrases. D. Approve: The term "approved", where used in conjunction with the RPR/CA's action on the Construction Manager's submittals, applications, and requests, is limited to the PRP/CA's duties and responsibilities as stated in the Conditions of the Contract. E. Regulation: The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." G. Install: The term "install" is used to describe operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations." H. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." I. Installer: An "Installer" is the Construction Manager or an entity engaged by the Construction Manager, either as an employee, subcontractor, or contractor of lower tier for performance of a particular construction activity, including installation, REFERENCE STANDARDS AND DEFINITIONS 01421-Page 132 of 171 erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term "experienced", when used with the term "Installer", means having a minimum of (5) five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Use of titles such as "carpentry" is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding general name. 3. Assignment of Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialists must be engaged for those activities, and assignments are requirements over which the Construction Manager has no choice or option. Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with the Construction Manager. a. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the Work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. J. Project Site is the space available to the Construction Manager for performance of construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspection or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16-Division format and MASTER FORMAT numbering system. B. Specification Content: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: REFERENCE STANDARDS AND DEFINITIONS 01421-Page 133 of 171 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpolated as the sense required. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Construction Manager. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Construction Manager, or by others when so noted. a. The words "shall be" shall be included by inference wherever a colon (:) is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standard in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with (2) two or more standards is specified, and the standards may establish different or conflicting requirements for minimum quantities or quality levels. Refer requirements that are different, but apparently equal, and uncertainties to the RPR/CA for a decision before proceeding. 1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. In complying with these requirements, indicated numeric values are minimum or maximum, as appropriate for the context of the requirements. Refer uncertainties to the RPR/CA for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. REFERENCE STANDARDS AND DEFINITIONS 01421-Page 134 of 171 1. Where copies of standards are needed for performance of a required construction activity, the Construction Manager shall obtain copies directly from the publications source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards generating organization, authority having jurisdiction, or other entity applicable to the context of the text provision. Refer to the "Encyclopedia of Associations", published by Gale Research Co., available in most libraries. F. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The following abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. AA Aluminum Association AABC Associated Air Balance Council AAMA American Architectural Manufacturers AAN American Association of Nurserymen (See AN LA) AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA America Concrete Pipe Association AHA American Hardboard Association Al Asphalt Institute AIA the American Institute of Architects AISC American Institute of Steel Construction AITC American Institute of Timber Construction ALA American Laminators Association ALSC American Lumber Standards Committee REFERENCE STANDARDS AND DEFINITIONS 01421-Page 135 of 171 AMCA Air Movement and Control Association International, Inc. ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineering Wood Association (Formerly: American Plywood Association) APA Architectural Precast Association ARMA Asphalt Roofing Manufacturers Association ASA Acoustical Society of America ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASPA American Sod Producers Association (See TPI) ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers' Association AWS American Welding Society BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America EIMA ElFS Industry Members Association EJMA Expansion Joint Manufacturers Association FM Factory Mutual System GA Gypsum Association GANA Glass Association of North America (Formerly: Flat Glass Marketing Association) REFERENCE STANDARDS AND DEFINITIONS 01421-Page 136 of 171 HMA Hardwood Manufacturers Association (Formerly: Southern Hardwood Lumber Manufacturers Association) HPVA Hardwood Plywood and Veneer Association MFMA Maple Flooring Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NECA National Electrical Contractors Associations NEI National Elevator Industry NELMA Northeastern Lumber Manufacturers Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA National Oak Flooring Manufacturers Association NWWDA National Wood Window and Door Association (Formerly: National Woodwork Manufacturers Association) PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute RFCI Resilient Floor Covering Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SIGMA Sealed Insulating Glass Manufacturing Association SMACNA Sheet Metal and Air Conditioning Contractor's National Association, Inc. SPIB Southern Pine Inspection Bureau SPRI SPRI (Formerly: Single Ply Roofing Institute) SWRI Sealant, Waterproofing and Restoration Institute REFERENCE STANDARDS AND DEFINITIONS 01421-Page 137 of 171 TCA Tile Council of America UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection WIC Woodwork Institute of California WWPA Western Wood Products Association G. Federal Government Agencies: Names and titles of Federal Government standards-or specification-producing agencies are often abbreviated. The following abbreviations and acronyms referenced in the Contract Documents indicate names of standards-or specification-producing agencies of the Federal Government. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up-to-date as of the date of the Contract Documents. OSHA Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 End of Section 01421 REFERENCE STANDARDS AND DEFINITIONS 01421-Page 138 of 171 SECTION 01500 TEMPORARY FACILITIES PART 1 — GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. Field office for the Construction Manager's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public and employee safety. 6. Project sign. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Construction Manager's facilities: 1. Provide a field office adequate in size and accommodation for Construction Manager's offices, supply, and storage. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. 2.2 ENCLOSURES TEMPORARY FACILITIES 01500-Page 139 of 171 A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence or barricade of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS: A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by the Director of Airports. A design provided by, or approved by the Director of Airports will include, but not necessarily be limited to: the project name; the Owner's name; Airport's name; the Construction Manager's name, address, and telephone number, and the Architect/Engineer's name, address, and telephone number. PART 3 — EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. End of Section 01500 TEMPORARY FACILITIES 01500-Page 140 of 171 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids. 2. Temporary enclosures. 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State, and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Construction Manager shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Construction Manager shall comply with all Federal, State and local codes, laws, and regulations governing such construction aids. 2. The Construction Manager shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or the RPR/CA or other separate contractors employed at the site. 3. The Construction Manager shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided the RPR/CA has approved and authorized such use. The Construction Manager shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Construction Manager shall restore any permanent facilities used for temporary purposes to their specified condition. CONSTRUCTION AIDS 01520-Page 141 of 171 The foregoing obligations of the Construction Manager are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Construction Manager shall be responsible for installing the permanent closure in an opening in an exterior wall and shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Construction Manager shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the RPR/CA. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Construction Manager responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Construction Manager shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain, and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Construction Manager are in addition to his/her obligations under Article 10 of the General Conditions. End of Section 01520 CONSTRUCTION AIDS 01520-Page 142 of 171 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Construction Manager shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Construction Manager shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall back-fill and compact his excavation and resurface the road or parking area to match the existing surface. The Construction Manager shall comply with all applicable Specifications when so doing. End of Section 01550 ACCESS ROADS AND PARKING AREAS 01550-Page 143 of 171 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY OF WORK BY THE CONSTRUCITON MANAGER A. Section Includes: 1. Water control. 2. Dust control. 3. Erosion and sediment control. 4. Pollution control. B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Construction Manager shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. TEMPORARY CONTROLS 01560-Page 144 of 171 E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. End of Section 01560 TEMPORARY CONTROLS 01560-Page 145 of 171 SECTION 01590 FIELD OFFICES AND SHEDS A. The Construction Manager shall furnish, install, and maintain a temporary field office for his/her use, the use of his/her employees, and the use of the RPR/CA during the construction period. The location of the Field Office shall be determined by the RPR/CA. B. The Construction Manager shall furnish, install, and maintain temporary storage and work sheds to adequately protect his/her work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Construction Manager shall arrange his/her field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the RPR/CA. The type, size and location of field offices and sheds are subject to approval by the RPR/CA. D. The Construction Manager shall arrange and pay for temporary electricity and telephone service for his/her field office and sheds, if he/she should require such services. E. The Construction Manager shall relocate his/her field office and sheds as directed by the RPR/CA, at no additional cost to the Owner. F. The Construction Manager shall remove his/her field office and sheds on completion of the Work or when directed by the RPR/CA. The Construction Manager shall remove all debris and rubbish and shall leave the area in a clean and orderly condition. End of Section 01590 FIELD OFFICES AND SHEDS 01590-Page 146 of 171 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONSTRUCTION MANAGER A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. CONSTRUCTION CLEANING 01595-Page 147 of 171 C. Dispose of waste materials, debris, and rubbish off site at a state permitted disposal site. D. Trash containers shall be provided by Construction Manager and located in trash accumulation areas designated by the RPR/CA. Construction Manager each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his/her operations, including any trash generated by his/her employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the Construction Manager. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by the RPR/CA. End of Section 01595 CONSTRUCTION CLEANING 01595-Page 148 of 171 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.1 SUMMARY OF WORK PERFORMED BY THE CONSTUCTION MANAGER A. Section includes: 1. Products. 2. Transportation and handling. 3. Storage and protection. 4. Security. 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Products do not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1.3 TRANSPORTATION AND HANDLING A. The Construction Manager shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Construction Manager shall also be responsible for loading, receiving and off- loading at the site all material and equipment installed under this Contract,whether furnished by the Construction Manager or the Owner. The Construction Manager shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION MATERIALS AND EQUIPMENT 01600-Page 149 of 171 The Construction Manager shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Construction Manager shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Construction Manager shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Construction Manager shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. End of Section 01600 MATERIALS AND EQUIPMENT 01600-Page 150 of 171 SECTION 01630 POST-CONTRACT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post-proposal substitutions. 1.2 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. B. After the end of the proposal period, substitution requests, from the successful Proposer, will be considered only in the case of: 1. Product unavailability. 2. Other conditions beyond the control of the Construction Manager. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: POST CONTRACT SUBSTITUTIONS 01630-Page 151 of 171 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Proposer. 2. Acceptance will require substantial revision of Contract Documents. 3. In the judgment of the RPR/CA, the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of RPR/CA. F. The RPR/CA will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONSTRUCTION MANAGER'S REPRESENTATION A. In making formal request for substitution the Construction Manager represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Construction Manager. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. RPR/CA 's costs for redesign or revision of Contract Documents. 1.4 POST-PROPOSAL SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. POST CONTRACT SUBSTITUTIONS 01630-Page 152 of 171 POST-PROPOSAL SUBSTITUTION FORM TO: RPR/CA We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO: DRAWING NAME: SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Address Title Firm Telephone Date Signature shall be by person having authority to legally bind his/her firm to the above terms. Failure provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owner/Prof. Mgmt.: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By By Date Date POST CONTRACT SUBSTITUTIONS 01630-Page 153 of 171 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 01630 POST CONTRACT SUBSTITUTIONS 01630-Page 154 of 171 SECTION 01640 PRODUCT HANDLING PART I--GENERAL 1.1 DESCRIPTION: THE CONSTRUCTION MANAGER SHALL BE RESPONSIBLE FOR A. Work included. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division of these Technical Special Provisions. 2. Additional procedures also may be prescribed in other Sections of these Technical Special Provisions. 1.2 QUALITY ASSURANCE A. Include within the Construction Manager's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the RPR/CA, determine and comply with manufacturers' recommendations on product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container,with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. The RPR/CA may reject as non-complying such material and products that do not bear identification satisfactory to the RPR/CA as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces through which equipment and materials are handled. PRODUCT HANDLING 01640-Page 155 of 171 B. Provide protection for finished floor surfaces in traffic area prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of the RPR/CA and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by the RPR/CA to justify an extension in Contract Time of Completion. End of Section 01640 PRODUCT HANDLING 01640-Page 156 of 171 SECTION 01700 CONTRACT CLOSEOUT PART 1 — GENERAL 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three (3) terminal activities: 1. Substantial Completion. 2. Final Completion. 3. Final Payment. 1.2 NOTICE OF SUBSTANTIAL COMPLETION A. Construction Manager shall submit to the RPR/CA when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing/balancing final reports. 4. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy(or Completion) b. Certificates of Inspection as applicable: 1) Electrical systems if required by Code B. Within a reasonable time after receipt of such notice, the Owner and the Construction Manager will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 1. The Owner will promptly notify the Construction Manager in writing, giving the reasons. 2. The Construction Manager shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Owner. 3. The Owner will re-observe the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. The RPR/CA will prepare a Certificate of Substantial Completion accompanied by the Punch List of items to be completed or corrected, as verified and amended by the RPR/CA. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the Construction Manager for written acceptance of the responsibilities assigned to them in the certificate. CONTRACT CLOSEOUT 01700-Page 157 of 171 E. Construction Manager shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 FINAL COMPLETION A. To attain final completion, the Construction Manager shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Owner for final inspection within thirty (30) calendar days of date of substantial completion. B. When the Work is complete, the Construction Manager shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Owner and the Construction Manager will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner will promptly notify the Construction Manager in writing, listing the incomplete or defective work. 2. The Construction Manager shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Owner that the Work is complete. 3. The Owner will re-inspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Construction Manager to make close-out submittals. Warranties & Guarantees for everything will begin at Substantial Completion. 1.4 THE CONSTRUCTION MANAGER'S CLOSEOUT SUBMITTALS TO THE OWNER Construction Manager shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common electronic form (i.e. flash drive) of the all the following but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. CONTRACT CLOSEOUT 01700-Page 158 of 171 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders. b. Allowances. C. Deductions for uncorrected Work. d. Deductions for Liquidated Damages. e. Deductions for Re-inspection Payments. f. Other Adjustments. C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.6 FINAL APPLICATION FOR PAYMENT A. The Construction Manager shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. End of Section 01700 CONTRACT CLOSEOUT 01700-Page 159 of 171 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction Manager's cleaning at completion of Work 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. C. Polish glossy surfaces to a clear shine. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. FINAL CLEANING 01710-Page 160 of 171 E. Prior to final completion, or the Owner occupancy, conduct an inspection of sight- exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. F. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. G. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. H. Remove from the Site all items installed or used for temporary purposes during construction. I. Restore all adjoining areas to their original or specified condition. End of Section 01710 FINAL CLEANING 01710-Page 161 of 171 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Construction Manager shall: 1. Maintain at the job site one (1) copy of: a. Record Contract Drawings. b. Record Project Manual. C. Coordination drawings. d. Addenda. e. Reviewed shop drawings. f. Change Orders. g. Other modifications to the Contract. h. Field test records. 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the RPR/CA. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the RPR/CA (at no charge) two (2) sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two (2) complete sets of black-line prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: PROJECT RECORD DOCUMENTS 01720-Page 162 of 171 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. C. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. C. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain""galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The RPR/CA may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except when specifically issued by the RPR/CA in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the RPR/CA and one (1) saved electronically tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common electronically form (i.e. flash drive) prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: PROJECT RECORD DOCUMENTS 01720-Page 163 of 171 1. Date. 2. Project title and Project number. 3. The Construction Manager 's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Construction Manager, or his/her authorized representative. End of Section 01720 PROJECT RECORD DOCUMENTS 01720-Page 164 of 171 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY: THE CONSTRUCTION MANAGER SHALL PROVIDE OPERATION AND MAINTENANCE DATA A. Section includes: 1. Format and content of manuals. 2. Schedule of submittals. B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1-1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. H. Provide one (1) indexed digital electronic copy of all Operation Maintenance Data on a common current electronic format (i.e. flash drive). OPERATION AND MAINTENANCE DATA 01730-Page 165 of 171 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the RPR/CA, consultants, and the Construction Manager with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses, and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. OPERATION AND MAINTENANCE DATA 01730-Page 166 of 171 B. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and re-assembly instructions; and alignment, adjusting, balancing, and checking instructions. C. Provide servicing and lubrication schedule, and list of lubricants required. D. Include manufacturer's printed operation and maintenance instructions. E. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. F. Provide the Construction Manager's coordination drawings. G. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. H. Include test reports. I. Additional requirements: as specified in individual product specification Sections. J. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 SUBMITTALS A. Submit two (2) copies of operation and maintenance data for review by the RPR/CA prior to Final Inspection. One (1) copy will be returned with comments. B. Submit the required number of copies per each Specification Section or two (2) copies each if not specified of approved data in final form within ten (10) days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten (10) days after acceptance. D. Submit two (2) copies of approved revised volumes of data in final form within ten (10) days after final inspection. End of Section 01730 OPERATION AND MAINTENANCE DATA 01730-Page 167 of 171 SECTION 01740 WARRANTIES PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the Construction Manager for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Construction Manager's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Submittals" specifies procedures for submitting warranties. 2. Division 1 Section "Contract Closeout" specifies contract closeout procedures. 3. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Construction Manager or the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Construction Manager. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard products warranties are preprinted written warranties published by individual manufacturer's for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS WARRANTIES Page 168 of 171 A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Construction Manager is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights or remedies. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Construction Manager presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to the RPR/CA prior to the date certified for Substantial Completion. If the RPR/CA's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Owner. B. When the Contract Documents require the Construction Manager, or the Contractor and a subcontractor, supplies manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the RPR/CA, for approval prior to final execution. C. Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly executed by the Construction Manager, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. D. Bind warranties and bonds in heavy-duty, commercial-quality, durable 3-ring, vinyl- covered loose-leaf binders,thickness as necessary to accommodate contents, and sized to receive 8'/2 x 11" (115-by-280-mm) paper and one (1) saved electronically WARRANTIES Page 169 of 171 tabbed and indexed copy in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive). 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES", Project title or name, and name of the Construction Manager. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. END OF SECTION 01740 WARRANTIES Page 170 of 171 EXHIBIT A Department of Labor Wage Determination (CONSTRUCTION MANAGER TO PROVIDE THE LATEST VERSION) General Conditions of the Contract 0750-Page 171 of 171 Notice of Request for Competitive Solicitations Addendum #2 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program KeyWest a�r rtvavv dw„.:r."a"' International Airport Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Ms. Michelle Coldiron, District 2 Mayor Mr. David Rice, District 4 Mayor Pro Tem Mr. Craig Cates, District 1 Commissioner Mr. Eddie Martinez, District 3 Commissioner Mr. Mike Forster, District 5 Commissioner June 22, 2021 Addendum 42 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Notice of Request for Competitive Solicitations Addendum #2 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program Q1: Page 8 "The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited." For clarification, is the pricing due with the proposal, or is it the intent to hold presentations as suggested on Page 16 and 17? Al: If selected for an interview, the respondent shall provide the pricing proposal at the time of the interview. Q2: (14.8) Can we please acquire a copy of the Davis Bacon Wage and Benefit Requirements for this particular Project? A2: The CMAR will coordinate with the RPR/CA and/or the County to obtain the Davis-Bacon wage rates at the time the individual work package solicitations are prepared for advertisement in order to ensure the use of the most current Davis-Bacon wage rates. Q3: (4.1)Please confirm if Jacobs will be the Architect Engineer through the balance of the Project? And if not, who will be? A3: The Architect Engineer for this project is McFarland-Johnson, Inc. Q4: (4.2) While I see in 4.2 below Jacobs is the RPR/CA,please confirm Jacobs is the "Monroe County Authorized Representative (RPR/CA)through the balance of the project?" 4.2 RPR/CA 4.2.1 Jacobs Project Management Co. is the person or entity identified as RPR/CA in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "RPR/CA"means Monroe County's authorized representative. A4. Yes, Jacobs Project Management is the RPR/CA for the project. Q5: Please at what point do you expect the Addendum will be issued that will include the "Draft Agreement for Construction?" A5: Addendum 41 was issued June 17, 2021. Addendum 42 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Notice of Request for Competitive Solicitations Addendum #2 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program Q6: Section 1-29. Information on DBE Goal Participation. Per the RFP, Article 1-29. Information on DBE Goal Participation (pgs. 26-28 of 147), Item 1., states that the "Bidders/Offerors shall submit at the time of bid a Disadvantage Business Enterprise (DBE)Utilization Form". Item 3., states that"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/Offeror and Disadvantaged Business Enterprise (DBE) forms for each DBE." At this stage of the procurement, direct cost of work is not considered, therefore,please confirm that these documents are NOT required at the time of RFP response and will only be required from the selected CMAR A6: In accordance with 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE)Program shall apply to the construction phase of this Contract. The bidder/offeror awarded the CMAR Contract shall utilize, or attempt to utilize, DBE firms to perform at least the assigned participation goal ("DBE Goal") during the construction phase of this Contract. The bidder/offeror awarded the CMAR Contract shall coordinate with the County to ensure compliance with DBE utilization goals/requirements at the time the solicitation for the work packages are developed and will obtain all necessary forms documenting DBE utilization and/or good faith efforts from the county for inclusion in the solicitation for the work packages. Q7: 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. A7: See answer to Q6. Q8: 1-30, #1. Page 31 of RFP: c) Bidder/Offeror shall submit Attachment 1, Attachment 2, and if needed, Attachment 3 with relevant documentation at time of bid with bid submittal. And also the following section: Compliance with DBE goal requirements is a matter of responsibility. Information Addendum 42 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program Notice of Request for Competitive Solicitations Addendum #2 Construction Manager at Risk Services For Monroe County Key West International Airport Concourse A And Terminal Improvements Program 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. A8: See answer to Q6. This Addendum No. 2 consists of three (3)pages. END OF ADDENDUM No. 2 Addendum 42 CMAR Services Key West International Airport Concourse A and Terminal Improvements Program NV2AG RO-01 M LE H MAN ,d►CORO" CERTIFICATE OF LIABILITY INSURANCE DATE(M 9/27/2021 `•� 2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AG FL Insurance Team NAME: American Global LLC PHONE FAX 900 S Pine Island Road (A/C,No,Ext): (A/C,No): Suite 210 ADD"RIESS:certsFL@americanglobal.com Plantation,FL 33324 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance of Hartford 20478 INSURED INSURER B:The Continental Insurance Company 35289 NV2A Gulf Keystar JV LLC INSURER C:Valley Forge Insurance Company 20508 9100 S.Dadeland Blvd Suite 600 INSURER D:Berkley Assurance Company 39462 Miami,FL 33166 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR 6072326798 8/17/2021 8/17/2022 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ Approved /Is Management MED EXP(Any oneperson) $ 15,000 -�' -^ �^ `+�''�' PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY 1 JECT � LOC 9-27-2021 PRODUCTS-COMP/OP AGG $ 4,000,000 X OTHER: EMPLOYEE BENEFI $ 2,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X 6072326763 8/17/2021 8/17/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUE 6072326770 8/17/2021 8/17/2022 AGGREGATE $ DED I X I RETENTION$ 10,000 Aggregate $ 10,000,000 C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC672326767 8/17/2021 8/17/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab. PCAB-6016213-0821 8/17/2021 8/17/2022 $5M Agg;Per Claim/EE 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Key West International Airport Concourse A&Terminal Improvements Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Gato Building,Room 2-213 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. 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