Item L3 L.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: L.3
Agenda Item Summary #9366
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
N/A
AGENDA ITEM WORDING: Approval to waive a minor bid irregularity and award bid and
contract to Charley Toppino & Sons, Inc., in the amount of $7,210,999.66 for the Taxiway A
Extension & Mitigation project at the Key West International Airport; to be funded with FAA Grant
437-67, FDOT Grant G1007 and Airport Operating Fund 404.
ITEM BACKGROUND: In accordance with the Master Plan completed in 2019, Taxiway A will
be extended to meet at the runway end to eliminate the need for aircraft to back taxi on Runway 9-
27.
The minor bid irregularity is that there was a typographical error in the bid received and as noted in
the bid tab sheet as $7,210,997.65. The actual total of the sum of all the unit priced items is
$7,210,999.66, or a difference of$2.01, but Charley Toppino & Sons remains the low bidder
PREVIOUS RELEVANT BOCC ACTION: On April 21, 2021, the BOCC granted approval to
advertise the bid solicitation for the project, and two bids were received at the bid opening held on
July 15, 2021: Charley Toppino & Sons in the amount of$7,210,997.65 and Zahlene Enterprises in
the amount of$8,845,61.25. On August 18, 2021, the BOCC ratified and approved FAA Grant 37-
67 and Amendments 43 and 44 to FDOT Grant G1007.
CONTRACT/AGREEMENT CHANGES:
New agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Bid tabulation 7.15.21
Charley Toppino & Sons, Inc.
RFP Volume I
RFP Volume II
Bid Drawings
Packet Pg.820
L.3
Addendum 1
Addendum 2
FINANCIAL IMPACT:
Effective Date: Upon Notice to Proceed(NTP)
Expiration Date: 365 days after NTP
Total Dollar Value of Contract: $7,210,999.66
Total Cost to County: -0-
Current Year Portion:
Budgeted:
Source of Funds: FAA Grant 437-67, FDOT Airfield Improvements Grant G1007, and Airport
Operating Fund 404
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Beth Leto Completed 10/27/2021 1:07 PM
Richard Strickland Completed 10/28/2021 2:45 PM
Pedro Mercado Completed 10/28/2021 3:27 PM
Purchasing Completed 10/28/2021 4:29 PM
Budget and Finance Completed 11/01/2021 2:13 PM
Maria Slavik Completed 11/01/2021 2:24 PM
Liz Yongue Completed 11/02/2021 9:33 AM
Board of County Commissioners Pending 11/17/2021 9:00 AM
Packet Pg.821
(4! tau 4x ,k PJ - ,k ) L 'S L'L ®!4 !nq 4 p! :4uaua o 44 c4
C
cri co
a
d
aC
N rtC '
S a
}
}
Ln L O
O O to N
a
Ol toU y-
Q 0 0) rl U
J co
Q O Ln cn
N 00
O
Q o
Z s
� o 0
g IW—
U W p A N
Z I- W
72
LU
LL, 30 z o i
LLQ (Aa O
rl LV W co ^ o
GWZN �L � 0
Z O o
Q � NN ZE-i coo o
C7 H O Z Cy)
Ln
WN -j H0 }
= CO
Q J W V O h
GC s -a
W Z CL tn
a Q oZf Q otn
O
Z '� oo T
O v o
W
IL Z o U L
z � > o
v
W0 L- s° o � .s
Q O 4-' o_S
0
Q L
� Q W 4 o :3
3 ~ N z tn
CL s - L
Iz U
} u -0
L fo
I— N � s o y
L. } V
U CL
L 4
N
O Q
O
m H Co m
— —-------- ....................
low& Oph,
uuNTvi
RACTcV
0
U)
06
0
E
... ................................................. ........... ........................... ................................... ......... ......-'-'---F—Packet Pg. 823
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
LEFT BLANK
U
cv
vi
0
06
0
m
CONTRACT II-2
Packet Pg.824
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N D
C O N T R A C T
Taxiway A Extension and Mitigation
Key West International Airport
THIS AGREEMENT made and entered into the 17th day of November, 2021
by and between Charley Toppino & Sons, Inc _Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner. LU
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the LU
LU
Owner as follows: U)
1, That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated documents;
Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions,
Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,
which are attached hereto and made a part hereof, as if fully contained herein, for >-
the construction of: �--
Taxiway A Extension and Mitigation
Key West International Airport v;
Monroe County, Florida
06
2, That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall B
fully complete all work hereunder within three hundred and sixty five(365)calendar
days from the Notice-to-Proceed (Construction) as per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the
agreement, subject to additions and deductions as provided in the
contract documents the Contract Lump sum of Seven Million Two
Hundred and Ten Thousand Nine Hundred and Ninety-Nine Dollars
and Sixty Six Cents ($7,210,999.66)
4. On or before the 15th day of each, calendar month, the Owner shall make partial
payment to the Contractor on the basis of a duly certified and approved estimate of
work performed during the preceding calendar month by the Contractor. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project.
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
CONTRACT I1-3
Packet Pg.825
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractor's Applications for Payment. Applications for Payment shall indicate the
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
LU
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of >-
this agreement shall be made within twenty (20) days after the completion by the LU
Contractor of all work covered by this agreement and the acceptance of such work U
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the n,
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is c
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after 0
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such 2
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at its expense within five
(5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this agreement until such new or
additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
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
CONTRACT II-4
Packet Pg.826
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for seven years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with
LU
Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall >-
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public v;
Records Law in order to comply with this provision.
06
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the c
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
CONTRACT II-5
Packet Pg.827
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance Lu
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise >-
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
v;
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
06
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE c
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, .
0.
BRADLEY BRIANM'ONROECOUNTY-FL.GOV, MONROE COUNTY 0.
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
10. HOLD HARMLESS AND INSURANCE: 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, E
administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or
expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other
governmental agency requires by reason of , or in connection with a
violation of any federal law or regulation, attorneys' fees and costs,
court costs, fines and penalties) that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Respondent or any of its
CONTRACT II-6
Packet Pg.828
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
employees, agents, contractors or other invitees during the term of 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 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 equal to the dollar
Lu
value of the contract and not less than $1 million per occurrence
pursuant to Section 725.06, Florida Statutes. 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 Lu
Agreement or any earlier termination of the Agreement.
In the event the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
v;
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a c
provision that not less than thirty (30) calendar days' written notice shall be .
provided to the COUNTY before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be a
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement. E
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any Agreement entered into by the COUNTY be required to contain any provision
for waiver.
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S
credit or make it a guarantor of payment or surety for any contract, debt,
CONTRACT II-7
Packet Pg.829
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
13. NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Beth Leto,CPM
Deputy Director,Airport Finance& Admin.
Key West International Airport
3491 South Roosevelt Blvd. e®
Key west,Fl.33040
cv
FOR CONTRACTOR: >'
Charley Toppino& Sons,Inc.
vi
Richard Toppino
06
129 Toppino Industrial Dr, c
Key west,Fl. 33040
14. GOVERNING LAW VENUE AND INTERPRETATION: This Agreement shall be a
governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and E
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
CONTRACT II-8
Packet Pg.830
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision. Lu
17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
the event any cause of action or administrative proceeding is initiated or >-
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or
not, through all levels of the court system.
cv
18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be >"
resolved by meet and confer sessions between representatives of each of COUNTY
and CONTRACTOR. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of COUNTY and CONTRACTOR,
06
then any party shall have the right to seek such relief or remedy as may be provided c
by this Agreement or by Florida law. .
0
19. COOPERATION: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of
this Agreement, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
21. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
CONTRACT 11-9
Packet Pg.831
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the
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.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be >_
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or '✓
employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, c
or superior to the community in general or for the purposes contemplated in this
06
Agreement.
25, NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer, 2
agent or employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the execution of this
Agreement.
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart.
CONTRACT II-10
Packet Pg.832
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive >-
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; >"
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
06
0
CONTRACT II-11
Packet Pg.833
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date
first above written in two (2) counterparts, each of which shall, without proof or accounting for the
other counterpart, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
ME couNTY ATTonNEY
AfPROVED
CFORM
s Q O J.
^O N Tj yLE W
1��TO --,
ORNErUAss6 ATT
Date 9/17/21 By /C,A^a I fs C
Title:
t
NOTARIAL JURAT
STATE OF:
COUNTY OF: �-
Subscribed and sworn to (or affirmed) before me, by means of ETphysical presence or ❑ online
notarization, on k c
® ....,. ..®... (date) by
t
06
(name of affiant). He/She is personally known to me or has produced c
(type of identification) as identification.
NOTARY PUBLIC
*Who is authorized by the corporation to execute this contract. NotwyPublIc stateofF106da
y COMWSWon HH1 7
ExpiraMI912025
CONTRACT II-12
Packet Pg.834
Key West International Airport 09/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK h®
cv
vi
0
06
0
m
U
CONTRACT II-13
Packet Pg.835
® DATE(I ? L.3.b`
A� CERTIFICATE OF LIABILITY INSURANCE 7/16/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.'
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Illana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt: A/C,No):
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley oante Products Inc.no &Sons Inc.
C
Monroe Concrete INSURERC:Travelers Property Casualty Co of Amer 36161
P.O BOX 787 INSURERD:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1544847791 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI;
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY Y DTC03202M181TIA21 5/19/2021 5/19/2022 EACH OCCURRENCE $2,000,000
X DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES Ea occurrence)
ccurrence $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
X POLICY� PE� LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y 81004284482126G 5/19/2021 5/19/2022 COMBINED SINGLE LIMIT $1,000,000 ,�-
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$ N
C X UMBRELLA UAB X CUP3J6572212126 5/19/2021 5/19/2022 O
OCCUR EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 06
DED X RETENTION$1 n nnn $ O
B WORKERS COMPENSATION UB4K5263662126G 5/19/2021 5/19/2022 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE yy.. E.L.EACH ACCIDENT $1,000,000 O
OFFICE R/M EMBER EXCLUDED? ❑ N/A �q M- �
��`' 1®
(Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $1,000,000 �y
If es,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
9 . 16 . 2021
WOW NkXy1ft�-
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
RE: KWIA Taxiway Extension and Mitigation
Monroe County Board of County Commissioners and Florida Department of Transportation,their employees and officials,as Designated Organizations,are
Additional Insureds in respects to the General&Auto Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the
above is applicable when required by written contract subject to the terms,conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Packet Pg.836
L.3.c
Key West
International Airport
Monroe County
Project No. GAKA166
Taxiway A Extension
and Mitigation
Bid Documents
Project Manual - Volume 1 OF 2
BIDDING REQUIREMENTS AND CONTRACT FORMS
U)
Key West
.............
International Airport
r N
Prepared for:
THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
0.
Ms. Michelle Coldiron, District 2 Mayor
Mr. David Rice, District 4 Mayor Pro Tem W
Mr. Craig Cates, District 1 Commissioner
Mr. Eddie Martinez, District 3 Commissioner
Mr. Mike Forster, District 5 Commissioner
Prepared by:
.jacobs.
3150 SW 38th Ave., Suite 700
Miami, FL 33146
305.441 .1864
JUNE 2021
Packet Pg.837
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Project No. GAKA 166
TABLE OF CONTENTS
VOLUME I -BIDDING REQUIREMENTS AND CONTRACT FORMS
Division I—Bid Documents
Division 11- Contract
Division III-General Provisions
Division IV- Special Provisions
x
cv
2
0
CL
TABLE OF CONTENTS
Packet Pg.838
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Project No. GAKA 166
x
THIS PAGE INTENTIONALLY LEFT BLANK
cv
2
0
CL
TABLE OF CONTENTS
Packet Pg.839
L.3.c`
x
BID DOCUMENTS
N
2
CL
Packet Pg.840
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-2
Packet Pg.841
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
DIVISION I
BID DOCUMENTS
SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS......................... 1-6
SECTION B INSTRUCTIONS TO BIDDERS 1-7
SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................................................. 1-16
X
SECTION D - BID BOND........................................................................................................... 1-21
SECTION E - DRUG-FREE WORK PLACE.............................................................................. 1-23
SECTION F - PRIME BIDDER'S QUALIFICATIONS ............................................................... 1-24
SECTION G - DISCLOSURE OF LOBBY ACTIVITIES............................................................ 1-26
SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM .................................... 1-27
cv
SECTION I - INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING
FEDERAL FUNDING ................................................................................................................. 1-28 --
SECTION J - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.............................. 1-31
0
SECTION K - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH (THE
CL
FLORIDA TRENCH SAFETY ACT............................................................................................ 1-32
SECTION L - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES..................................................................... ........ 1-34
SECTION M - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990............................ 1-37
SECTION N - CERTIFICATION OF NONSEGREGATED FACILITIES................................... 1-38
SECTION O - FEDERAL WAGES DECISION .......................................................................... 1-39
SECTION P - CERTIFICATION REGARDING DEBARTMENT,
SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSION - 49 CFR PART 29............................................................................................... 1-46
BIDDING REQUIREMENTS AND CONTRACT FORMS I-3
Packet Pg.842
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION Q - NON-COLLUSION AFFIDAVIT.......................................................................... 1-47
SECTION R—TEXTING WHILE DRIVING ............................................................................... 1-48
SECTION S— PROCUREMENT OF RECOVERED MATERIALS........................................... 1-49
SECTION T -VENDOR CERTIFICATION REGARDING SCRUTINIZED .............. COMPANIES
LISTS.......1-50
X
cv
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-4
Packet Pg.843
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
cv
INTENTIONALLY LEFT BLANK m
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-5
Packet Pg.844
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION A
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, July 15, 2021, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
TAXIWAY A EXTENSION& MITIGATION,KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY,FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridapublienotices.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.monroecountvbids.com. The Public Record is available upon request.
In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic process LLJ
x
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: -
S cr o roecou ty- .gov, no later than 3:00 P.M. on July 15, 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:
TAXIWAY A EXTENSION &MITIGATION KWIA 07/15/2021
cv
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 - ( onroeco n y- l.gov, in advance of the bid opening, please email:
o - rc asi gk onroeco n y- .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 responsibility to ensure delivery
of their bid and waiting until the bid opening to address or confirm your bid submission delivery will U-
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 July 15,
2021. You may call in by phone or internet using the following:
Join Zoom Meeting
tips:// c oce.zoo .us/i/ 5 6 56
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 Citizen: Sat.,6-12-2021
Keys Weekly: Thur.,6-17-2021
News Barometer: Fri.,6-18-2021
BIDDING REQUIREMENTS AND CONTRACT FORMS I-6
Packet Pg.845
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION B
INSTRUCTIONS TO BIDDERS
PRE-BID NOTICE: A Pre-Bid Conference will be held on June 24t", 2021 at 11:00 AM in the
construction trailers located at the corner of Faraldo Circle and Roosevelt Blvd, Key West, Florida.
Attendance at the Pre-Bid Conference IS mandatory. For additional information concerning the
pre-bid conference, please contact Beth Leto, Deputy Director, Airport Finance and Admin. by
phoning 305-809-5239.
1. CONTENTS OF CONTRACT DOCUMENTS:
Proposal forms are contained in these Contract Documents. All papers bound with or attached
to the Proposal Form are a part of the Contract and must not be detached or altered.
A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not
less than five percent (5%) of the total amount of bid submitted shall accompany each
proposal. The Bid Bond shall be made payable to Monroe County Board of County
Commissioner. No Bid Bond will be required if the contract amount is less than $150,000.00.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK:
The bidder shall examine carefully the site of the work and the Contract Documents
and he shall investigate and satisfy himself as to the conditions to be encountered, as to the
character, quality and quantity of work to be performed and materials to be furnished and
as to the requirements of the Contract. Bidders shall familiarize themselves with all
federal and state laws, local ordinances and regulations which may in any manner affect E
the work or its prosecution. The filing of a Proposal shall be presumptive evidence that
the bidder has complied with these requirements.
0.
3. INTERPRETATION OF DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
meaning of any part of the proposed Contract Documents, he may submit to the Engineer,
Jacobs Engineering Group, 3300 PGA Blvd., Suite 780, Palm Beach Gardens, Florida, 33410,
EMAIL: aly. uiroz .iacos.co , a written request for an interpretation of the proposed
documents. No oral interpretations will be made to any respondent as to the meaning of any part
of the bid documents. A summary of questions received and answers provided will be made in
writing in the form of an addendum and, if issued, shall be posted on DemandStar and a
notification will be furnished by DemandStar to all known prospective Respondents listed as
planholders prior to the established Response opening date. It shall be the Respondents sole
responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt
of such addenda in the space provided therefore in the proposal form. In case any respondent
fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be
construed as though it had been received and acknowledged and the submission of his/her
proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the bid
documents and each respondent will be bound by such addenda, whether or not received by
BIDDING REQUIREMENTS AND CONTRACT FORMS I-7
Packet Pg.846
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
him/her. It is the responsibility of each respondent to verify that he/she has received all addenda
issued before proposals are opened. Requests for interpretation will be accepted up to fifteen (15)
calendar days prior to the bid due date.
4. ADDENDA:
Any Addenda issued during the preparation of bids shall be included in the Proposal and shall
become a part of the Contract Documents. Subcontractor's attention must be called to these
changes as well as to the effect Addenda may have on their work.
5. PREPARATION OF PROPOSAL:
Bidder shall submit the bidders proposal in electronic format (e-mail) only. Proposals shall be
submitted on the Proposal Form contained in these Contract Documents. Each blank space in
the Proposal Form shall be filled in correctly and the bidder shall state the price for which he LU
proposes to do the work written in ink. The bidder will be responsible for all errors or omissions
in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual,
his name and post office address must be shown. If a firm or partnership, the name and post
office address of each member of the firm or partnership must be shown. If a corporation, the
Proposal must designate the state under the laws of which the corporation is chartered, the
names, titles and business addresses of its officers and the one signing the Proposal as agent
of the firm or corporation must furnish legal evidence that he has authority to such signature and
that such signature is binding upon the firm or corporation.
On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and
figures a unit price and in figures the product (extension) of the unit price and quantity in the >_
appropriate column for each bid item exclusive of those items for which a fixed contract unit price �--
and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit
price (words and figures) and extension (figures only) columns. After all extensions are made, the
bidder shall total the extended amounts of the bid items and show his total of the extended
amounts of the bid items and show his total bid amount in the appropriate place on the
CL
Proposal Form.
All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other
alteration of a figure shall be initialed by the signer of the proposal. The Bidder will check the
extension of each item given in the proposal and correct all errors and discrepancies. In case of
a discrepancy between a unit bid price and the extension amount, the unit price will govern. In
case of discrepancy between the unit price in words and figures, the words shall govern.
The sum of the correct extension amounts will be the contract bid price.
6. ALTERNATE AND ADDITIVE BIDS:
Where alternate designs are provided by the plans and proposal, the bidder shall enter prices
only on the items for the design alternate that will be most economical for him to
construct and other bid items that will be common for all alternates. The bidder shall enter the
words "No Bid" in the unit price column on items for the design alternates not selected.
If any item on the proposal form permits a choice between alternate specified types of
materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If
BIDDING REQUIREMENTS AND CONTRACT FORMS I-8
Packet Pg.847
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
more than one type or none is checked, the Owner will make the selection. Where alternate
designs are provided for which bids area called for on each alternate, the bidder shall furnish
bid prices for each of the alternates. Failure to do this may be grounds for rejection of the
proposal.
Where additive bids are provided in the plans and proposal, the bidder shall enter prices for the
additive bid items. Additive bids are work items that the Owner would like to include in the project
depending upon base bid prices and the availability of Federal, State, and local funding. The
Owner reserves the right to award the additive bid items and enter into additive bid item contracts
separately from the base bid item award and contract as serves the best interest of the county.
Award of the additive bid items and to whom awarded shall be at the Owner's sole discretion.
7. REJECTION OF PROPOSALS:
X
Proposals may be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously
unbalanced may be rejected. The Owner reserves the right to waive minor irregularities in any e®
bid. The owner also reserves the right to reject any and all bids at the owner's sole discretion, to
waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject
any item or items of bid and to award and/or negotiate a contract in the best interest of the County. U)
8. BID PRICE:
The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local,
state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to
perform the work in full conformity with the Contract Documents.
9. PRE-QUALIFICATION OF BIDDERS:
No proposal will be considered from any contractor unless he is licensed to do work in the
State of Florida and is properly qualified to submit a proposal for this construction in accordance
0.
with all applicable laws of the State of Florida.
Bidder shall submit"Evidence of Competency", consisting of statements covering the bidder's past
experience on similar work, a list of equipment that would be available, latest financial statement,
and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's
Qualification Form.)
10.AWARD OF CONTRACT:
All bids, along with the staff recommendation, will be presented to the Board of County
Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board
reserves the right to reject any and all bids, to waive informalities in any or all bids, to re-
advertise for bids; and to separately accept or reject any item or items of bid and to award
and/or negotiate a contract in the best interest of the County. The award of the contract,
should it be awarded, will be made by the Owner to the lowest responsible bidder whose
proposal meets the requirements thereof. The award, if made, will be made within one hundred
twenty (120) days after opening of the proposal but no award will be made until the responsibility
BIDDING REQUIREMENTS AND CONTRACT FORMS I-9
Packet Pg.848
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
of the bidder to whom it is proposed to award the contract has been investigated. Notice of
award will be mailed by the Owner to the successful bidder at the address stated in his
proposal.
Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended
decision to award a contract shall submit in writing a notice of protest which must be received by
the County within seventy-two (72) hours or three (3) business days, whichever is less, after the
posting of the notice of decision or intended decision on DemandStar or posting of the Notice of
Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda,
whichever occurs first. Additionally, a formal written protest must be submitted in writing and must
be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior
to the Board of County Commissioner's meeting date in which the award of contract by the Board
of County Commissioners will be heard. The only opportunity to address protest claims is before
the BOCC at the designated public meeting in which the agenda item awarding the contract is
heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County
Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest
is responsible for providing the Clerk with his/her name and residence prior to the agenda item to e®
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 U)
contract is final and at their sole discretion. Failure to timely protest within the times prescribed
herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined
that it is in the best interest of the County to do so.
11.RETURN OF BID BOND:
All bid bonds except those of the two lowest qualified bidders will be returned promptly after the --
tabulation of the bids has been made and in no case will a bid bond be held longer than one
hundred twenty (120) days without the bidder's written consent.
0
12.EXECUTION OF CONTRACT:
CL
The successful bidder will be required to execute the contract and furnish bond within fifteen (15)
days of date of notice to award. In the case of a corporation, the officer or agent to execute
the contract must be designated in a power of attorney executed by the Board of Directors
and duly certified by the Secretary and bearing the seal of the corporation. When the
successful bidder is a partnership, the power of attorney designating one member of the firm
to execute the contract shall be filed with the Owner. Such power of attorney must bear the
signature of the other members of the firm and must be executed before a notary.
Any officer or agent signing on behalf of the surety company bonding the contractorwill
be required to file a power of attorney with the bond executed and will be required to affix the seal
of the surety to said bond.
13.FAILURE TO EXECUTE CONTRACT:
Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond
within fifteen (15) days after notice of award has been issued by the Owner, the bond filed with
the proposal shall become the property of the Owner. At his option, the Owner may then
BIDDING REQUIREMENTS AND CONTRACT FORMS I-10
Packet Pg.849
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
annul the award and award the contract to the next lowest responsible bidder or reject
all proposals and re-advertise.
14.CONTRACT TIME:
The contractor shall begin work after receipt of the Notice to Proceed in accordance
with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2
and 3, and shall fully complete performance within three hundred and sixty five (365) calendar
days of Notice to Proceed Construction.
If the Contractor does not comply with the contract time, then liquidated damages will apply as
per Special Provisions No. 2 and 3.
15.CONTRACT CLOSE-OUT:
Subsequent to the final acceptance of this project by the Owner, the requirements
of Special Provision No. 1, Section 25 "Project Documentation" Subsection H. "Prerequisites to
Substantial Completion" must be satisfied.
16.BID PROPOSAL SUBMISSION:
The Bid Proposal submitted for the work included in this project shall include the following fully
executed documents:
cv
A. Bid Proposal Contract (Division I, Section C)
B. Schedule of Bid Items (Division I, Section C)
C. Bid Bond (Division I, Section D)
CL
D. Drug-free Work Place (Division I, Section E)
E. Prime Bidder's Qualifications (Division I, Section F)
F. Disclosure of Lobby Activities (Division I, Section G)
G. Acknowledgment of Receipt of Addendum (Division I, Section H)
H. Disadvantaged Business Enterprise (Division I, Section J)
I. Bidder's Affidavit in Compliance with the Florida Trench Safety Act
(Division I, Section K)
J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public
Entity Crimes (Division I, Section L)
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-11
Packet Pg.850
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
K. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause)
(Division I, Section M)
L. Certification of Non-segregated Facilities (Division I, Section N)
M. Federal Wage Decision (Division I, Section O)
N. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion-49 CFR Part 29 (Division I, Section P)
O. Copy of Contractor's license for State of Florida
P. Bidder's Statement on Insurance(Division III, Section 140)
Q. Non-Collusion Affidavit (Division I, Section Q)
R. Texting While Driving (Division I, Section R)
S. Procurement of Recovered Materials (Division I, Section S)
T. Vendor Certification Regarding Scrutinized Companies Lists (Division I, Section T)
cv
17.SUBMITTING BIDS:
The Monroe County Purchasing Department hereby directs that bids be submitted via email .�
to: OMB-BIDS@monroecounty-fl.gov, no later than 3:00 P.M., on July 151h, 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:
CL
Taxiway A Extension and Mitigation
Key West International Airport - Bid Submission
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure
that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in
advance of the bid opening, please email: omb-purchasing@monroecounty-fl.gov. The bid
opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on July 151h, 2021.
You may appear by phone or internet using the following:
Join Zoom Meeting
tts:// c oce.zoo .us/i/ 5 656
Meeting ID: 4509326156
One tap mobile:
16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
BIDDING REQUIREMENTS AND CONTRACT FORMS I-12
Packet Pg.851
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
18.WITHDRAWAL OF BIDS:
Bids may be withdrawn on written or telegraphic request received from bidders prior to the
time fixed for opening. Negligence on the part of the bidder in preparing the bid confers
no right for the withdrawal of the bid after it has been opened.
19.BIDDERS PRESENT:
At the time fixed for the opening of the bids, their contents will be made public for the information
of bidders and other properly interested parties who may be present either by phone or
internet.
20.BIDDERS INTERESTED IN MORE THAN ONE BID:
If more than one bid for each contract is offered by any one party, by or in the name of his or
their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices
on materials to bidders is not thereby disqualified from quoting prices to other bidders or from
submitting a bid directly for the materials of work.
21.ERRORS IN BID:
Bidders or their authorized agents are expected to examine the maps, drawings, specifications >-
and all other instructions pertaining to the work, which will be open to their inspection. Failure to
do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the
bid. In case of error in the extension of prices, the unit price will govern.
22.CONTRACT AND BOND: CL
The bidder to whom award is made must, when required, enter into written contract on the
standard form as set out herein with satisfactory security in the amount required, within the
period specified or, if no period is specified, within ten (10) days after the prescribed forms are
presented to him for signature.
23.COLLUSION
If there is any reason for believing that collusion exists among the bidders, any or all proposals
may be rejected and those participating in such collusion may be barred from submitting bids on
the same or other work.
24.SUBLETTING OR ASSIGNING OF CONTRACT:
(a) Limitations: The Contractor shall not sublet, assign, transfer,
convey, sell or otherwise dispose of any portion of the contract, his right, title or interest
BIDDING REQUIREMENTS AND CONTRACT FORMS I-13
Packet Pg.852
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
therein, or his power to execute such contract, to any person, firm or corporation without
written consent of the Owner and such written consent shall not be construed to relieve the
Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in
the proposal or special provisions and with the assistance of workmen under his immediate
superintendence and reported on his payroll, all contract work of a value not less than fifty
percent (50%) of the total contract amount, except that any items designated in the contract as
"Specialty Items" may be performed by subcontract. They may be deducted from the
total contract amount before computing the amount of work required to be performed by
the Contractor with his own organization.
(b) Subcontractor's Status: A subcontractor shall be recognized only in the
capacity of an employee or agent of the contractor and the Contractor will be responsible to
the Owner for all of the subcontractor's work, including failures or omissions and his removal
may be required by the Engineer, as in the case of any employee.
25.PERMITS:
The county cautions bidders that the contractor shall also be responsible for the permit fees of
any state or federal agency having permitting jurisdiction over the project, including but not limited
to, the ACE, DNR, and DER.
26.PRE-SUBMITTALS:
Pre-submittal of data on various equipment, if required in the proposal, shall be made by the
bidder and approval obtained from the Engineer. This approved list shall be the actual
equipment used in the construction of this project if the contract is awarded on the bid. �-
27.SHOP DRAWINGS:
2
Shop drawings will be reviewed by the Engineer for general conformance in accordance with the
contract documents. The Contractor shall check all shop drawings in detail and stamp with his
approval prior to submittal to the Engineer.
The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility
for any deviations from the requirements of the contract documents. Contractor 0)
shall submit five (5) copies of shop drawings to the engineer for approval.
28.FLORIDA TRENCH SAFETY ACT:
In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall
indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act
and shall also complete and properly execute the bidder's Affidavit in compliance with the
provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes).
29.SCHEDULE OF WORK:
Contractor shall coordinate work items that may overlap with other work being performed by other
contractors. Each bidder shall take this into account and no provision for re-mobilization or re-
BIDDING REQUIREMENTS AND CONTRACT FORMS I-14
Packet Pg.853
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
negotiation for time delay can be made. Depending on the bids received, certain quantities
may be increased or decreased and no provision shall be made for re-negotiation (see
Division I, General Provisions, Section 40, for further information).
30.PROJECT FUNDING:
Work included in this project will be paid by funds from Monroe County, the Federal Aviation
Administration (FAA), Florida Department of Transportation (FDOT) and in part from Key
West International Airport Operating Funds.
31.DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS:
The DBE goal for this FAA funded project is 20.3%. All respondents shall be required to
meet this goal. Respondents may meet this goal by being a certified DBE under FUCP
or by subcontracting a portion of the work to a DBE certified under FUCP. Any respondent
that is unable to meet this goal will be required to provide documentation of its good faith
effort to meet this goal. Any bid proposal that fails to meet the DBE goal and fails to
provide adequate documentation of a good faith effort to meet the goal shall be deemed
non-responsive for failing to comply with the DBE requirement.
32.PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair `V
of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, >-
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
33.DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION:
DBE POLICY: It is the policy of the Florida Department of Transportation that disadvantaged
business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity
to participate in the performance of contracts financed in whole or in part with
Department funds contract. The DBE requirements of 49 CFR Part 26, as amended, apply
to this contract.
DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged
Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity
to participate in the performance of contracts. In this regard, all contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform
contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of Department assisted contracts.
The Disadvantaged Business Enterprise Program statements and certification shall be fully
completed and submitted as required by Section 150 of the specifications. This form is
BIDDING REQUIREMENTS AND CONTRACT FORMS I-15
Packet Pg.854
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
provided in Division I, Bid Documents, Section J.
34.EQUAL EMPLOYMENT OPPORTUNITY:
In connection with the carrying out of this project, the contractor shall not discriminate
against any employee or applicant for employment because of race, age, creed, color, sex
or national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race, age,
creed, color, sex, marital status, familial status, sexual orientation, gender identity,
expression or national origin. Such action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor shall insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials.
35.CERTIFICATION OF NONSEGREGATED FACILITIES:
The Certification of Non-segregated Facilities as required by Section 160, shall be completed and
submitted with the bid proposal. This form is provided in Division I, Bid Documents,
Section N.
cv
2
0
BIDDING REQUIREMENTS AND CONTRACT FORMS I-16
Packet Pg.855
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION C
PROPOSAL AND SCHEDULE OF BID ITEMS
Contract
BID TO: Monroe County Purchasing Department 1100 Simonton Street
Suite 1-213
Key West, Florida 33040
BID FROM:
X
Submitted(Date):
The undersigned, as Bidder, hereby declares that he has examined the site of the work and
informed himself fully in regard to all conditions pertaining to the place where the work is to be
done; that he has examined the plans and specifications for the work and contractual
documents relative thereto, and has read all bid documents, Contract Documents, General >-
Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself
relative to the work to be performed.
2
The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe
County Board of Commissioners, in the form of contract specified, to furnish all necessary CL
materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary
to and to complete the construction of:
Taxiway A Extension and Mitigation
Key West International Airport - Bid Submission
Monroe County, Florida
in full and complete accordance with the shown, noted, described and reasonably
intended requirements of the plans, specifications and contract documents to the full and
entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding
that no money will be allowed for extra work except a set forth in the attached Contract Documents
for the unit prices listed opposite each item.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-17
Packet Pg.856
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
The Contractor shall complete the Schedule of Values included as Attachment"A". The Schedule
shall be added and the final total base bid amount will be:
$ Dollars
(Total Base Bid - words)
It is agreed that the description under each item, being briefly stated, implies, although it does not
mention, all incidentals and that the prices stated are intended to cover all such work, materials
and incidentals as constitute Bidder's obligations as described in the specifications and any
details not specifically mentioned, but evidently included in the contract shall be compensated
for in the item which most logically includes it.
The quantities for bid items listed on the attached Schedule of Bid Item sheets are
estimated quantities only for the purpose of comparing bids. Any difference between these
estimated quantities and actual quantities required for construction will not be allowed as
basis for claims by the Contractor for extra compensation. Compensation will be based on the
unit prices and actual construction quantities and may be modified as stipulated by Sections 20-
05 and 90-03 of the General Provisions.
The bidder further proposes and agrees hereby to commence the work with an
adequate force, plant and equipment at the time stated in the notice to the Contractor from
the Owner to proceed and fully complete performance within the time period stated in the
Instructions to Bidders from and after the date stated in the Notice-to-Proceed.
CL
The bidder understands that the county will decide, in its sole discretion, to proceed, or not to
proceed, with the additive bid work. Except as otherwise provided in the contract documents,
Bidder shall not be entitled to any additional costs, expenses, etc. beyond the Total Base Bid in
the event the County chooses not to proceed with the additive bid work.
The undersigned further agrees that in case of failure on his part to execute the said contract and
the bond within ten (10) consecutive calendar days after written notice being given of the
award of the contract, the check or bid bond in the amount as specified herein
accompanying this bid and the monies payable thereon, shall be paid into the funds of the
Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the
check or bid bond accompanying this proposal shall be returned to the undersigned.
Monroe County's performance and obligation to pay under this Contract, is contingent upon an
annual appropriation by the BOCC.
Attached hereto is a certified check on the
BIDDING REQUIREMENTS AND CONTRACT FORMS I-18
Packet Pg.857
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Bank of or a bid bond for
the sum of dollars ($ ) made
payable to the Monroe County Board of Commissioners.
Checkmarks
I have included Division I which entails the proposal forms.
Schedule of Bid Items (Attachment "A").
Bid Bond
The Drug-Free Workplace form.
Vendor Certification Regarding Scrutinized Companies
Prime Bidder's Qualifications:
List of major contracts in past 10 years
List of equipment and plant available for this project
Copy of latest financial statement
Disclosure of Lobby Activities
Acknowledgement of Receipt of Addendum
Disadvantaged Business Enterprise Program
DBE Utilization Form "Attachment 1", Division III
DBE Letter of Intent"Attachment 2", Division III c
Bidder's Affidavit in Compliance with Florida Trench Safety Act 0.
Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity
Crimes
Sworn Statement Under Ordinance No. 10-1990
Certification of Non-segregated Facilities
Federal Wage Decision
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
49 CFR Part 29
Copy of Bidder's License for State of Florida, evidence of competency and evidence of
financial responsibility
_ Bidders Statement on Insurance
Non-Collusion Affidavit
(Checkmark items above as a reminder that they are included.)
BIDDING REQUIREMENTS AND CONTRACT FORMS I-19
Packet Pg.858
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Mailing Address:
Phone Number:
Date: Signed:
(Name)
(Title)
cv
Witness:
(Seal) .�
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-20
Packet Pg.859
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACH M ENT " A "
SCHEDULE OF BID ITEMS
Taxiway A Extension and Mitigation
BIDDER NAME:
AIRPORT NAME: Key West International Airport
PROJECT DESCRIPTION: Taxiway A Extension and Mitigation
Payment for the work shall be made at the contract price and payment shall be full _
compensation for furnishing all materials, equipment, labor, processes, tools and
incidental costs required to complete the work.
BIDDER NAME:
AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT
PROJECT DESCRIPTION: TAXIWAY A EXTENSION AND MITIGATION
BASE BID
SPEC. ESTIMATED UNIT EXTEN )
ITEM No ITEM DESCRIPTION UNIT QUANTITY PRICE TOT)
cv
CONTRACTOR QUALITY CONTROL >-
1 C-100-1 PROGRAM CQCP LS 1 W
TEMPORARY AIR AND WATER
2 POLLUTION, SOIL EROSION, AND LS 1
C-102-1 SILTATION CONTROL
3 C-105-1 MOBILIZATION LS 1 CL
4 SP-12-1 STANDBY TIME HR 10
5 CRACK REPAIR - CRACKS LESS THAN LF 250
P-101-1 0.5" WIDE
6 CRACK REPAIR - CRACKS 0.5" OR LF 500
P-101-2 WIDER
PAVEMENT REMOVAL (FULL DEPTH)
P-101-3 (ON-AIRPORT) SY 1,825
PAVEMENT REMOVAL (FULL DEPTH)
$ P-101-4 MITIGATION SITE 1 SY 13,000
VARIABLE DEPTH PAVEMENT MILLING
9 P-101-5 1/2"- 2" DEPTH) SY 4,250
10 VARIABLE DEPTH PAVEMENT MILLING SY 120
P-101-6 2" - 4" DEPTH
11 PAVEMENT MARKING REMOVAL (HIGH- SF 750
P-101-7 PRESSURE WATER
BIDDING REQUIREMENTS AND CONTRACT FORMS I-21
Packet Pg.860
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
12 EXISTING DRAINAGE PIPE LF 75
P-101-8 DEMOLITION 18-INCH
EXISTING DRAINAGE PIPE
13 P-101-9 DEMOLITION 36-INCH LF 65
14 P-101- CONCRETE DEMOLITION (2'-3' DEPTH) SY 400
10 (MITIGATION SITE 1)
REMOVAL OF EXISTING BUILDING
15 P-101- STRUCTURES AND EQUIPMENT/ LS 1
11 MATERIALS MITIGATION SITE 1
REMOVAL OF EXISTING BUILDING
16 P-101- STRUCTURES AND EQUIPMENT/ LS 1
12 MATERIALS MITIGATION SITE 2
17 CLEARING, GRUBBING AND TURF ACR 2
P-151-1 STRIPPING ON-AIRPORT E
18 CLEARING, GRUBBING AND TURF ACR 1
P-151-2 STRIPPING MITIGATION SITE 1 E
CLEARING, GRUBBING AND TURF ACR
19 P-151-3 3
STRIPPING MITIGATION SITE 2 E
20 P-152-1 REMOVAL OF STOCKPILED EXISTING CY 4,200
MATERIALS MITIGATION SITE 1 U
21 P-152-2 GRAVEL REMOVAL (ON-AIRPORT) CY 825
22 UNCLASSIFIED EXCAVATION (ON- CY 250
P-152-3 AIRPORT) ,
UNCLASSIFIED EXCAVATION
23 P-152-4 MITIGATION SITE 1 CY 28,250
UNCLASSIFIED AND EXCAVATION
24 P-152-5 MITIGATION SITE 2 CY 9,500
UNSUITABLE EXCAVATION (ON-
25 P-152-6 AIRPORT CY 500
26 UNSUITABLE EXCAVATION CY 500
CL
P-152-7 MITIGATION SITE 1
UNSUITABLE EXCAVATION 27 CY 200
P-152-8 MITIGATION SITE 2
28 ROCK EXCAVATION (MITIGATION SITE CY 500
P-152-9 1
29 P-152- ROCK EXCAVATION (MITIGATION SITE CY 500
10 2
30 P-152- EMBANKMENT (OFF-SITE) (ON- CY 1,850
11 AIRPORT
31 P-152- EMBANKMENT (OFF-SITE) CY 300
12 MITIGATION SITE 1
32 P-152- EMBANKMENT (OFF-SITE) (MITIGATION CY 500
13 SITE 2
33 P 142 NO.57 ROCK BEDDING MATERIAL TON 2,500
34 P-211-1 LIME ROCK BASE COURSE SY 6,250
35 P-211-2 REWORK LIME ROCK BASE COURSE SY 125
BIDDING REQUIREMENTS AND CONTRACT FORMS I-22
Packet Pg.861
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
36 P-401-1 BITUMINOUS SURFACE COURSE TON 2,600
37 P-602-1 EMULSIFIED ASPHALT PRIME COAT GAL 2,350
38 P-603-1 EMULSIFIED ASPHALT TACK COAT GAL 950
REFLECTIVE PAVEMENT MARKING
39 P-620-1 WITH GLASS BEADS SF 2,750
NON-REFLECTIVE PAVEMENT
40 P-620-2 MARKING SF 4,350
41 P-620-3 TEMPORARY PAVEMENT MARKING SF 4,350
SERVICE ROAD SIGNS (FDOT R1-1
42 30"X30" AND AIR SAFETY SIGN 48"X30") EA 1
P-620-4 AND FOUNDATION
15" DIAMETER REINFORCED
43 D-701-1 CONCRETE PIPE CLASS V LF 190
44 18" DIAMETER REINFORCED LF 370
D-701-2 CONCRETE PIPE CLASS V
FDOT INDEX 425-053 TYPE G DITCH
45 D-751-1 BOTTOM INLET <10' EA 1
46 FDOT INDEX 430-021 15" MITERED END EA 12
D-751-2 SECTION MES
SHORELINE PROTECTION REVETMENT
47 D-751-3 MITIGATION SITE 1 TON 150
48 SHORELINE PROTECTION REVETMENT TON 225
D-751-4 MITIGATION SITE 2
49 T-904-1 SODDING WITH 3" TOPSOIL SY 14,000
3293 12" ORGANIC SOIL FOR PLANTINGS
50 10 - 1 MITIGATION SITE 1 CY 5,000
3393 12" ORGANIC SOIL FOR PLANTINGS
51 10 - 2 MITIGATION SITE 2 CY 5,000
3493 c
52 10 - 3 PLANTINGS MITIGATION SITE 1 LS 1CL
3593
53 10 - 4 PLANTINGS MITIGATION SITE 2 LS 1
NO. 8 AWG, 5KV, L-824, TYPE C CABLE, E
54 L-108-1 INSTALLED IN DUCT BANK OR LF 4330
CONDUIT
NO. 2 AWG, SOLID, BARE COPPER
COUNTERPOISE WIRE, INSTALLED
55 L-108-2 ABOVE THE DUCT BANK OR CONDUIT, LF 2920
INCLUDING
CON N ECTI ONS/TERM I NATIONS
NO. 1/0 AWG, BARE COPPER GUARD
56 L-108-3 WIRE, INSTALLED ABOVE THE DUCT LF 330
BANK OR CONDUIT, INCLUDING
CON N ECTI ONS/TERM I NATIONS
57 L-108-4 3/4" DIA X 10' LONG COPPER CLAD EA 6
GROUND ROD
BIDDING REQUIREMENTS AND CONTRACT FORMS I-23
Packet Pg.862
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
58 L-108-5 REAM EXISTING DUCT BANK OR LF 100
CONDUIT
59 L-108-6 REMOVE CABLE FROM EXISTING LF 2350
CONDUIT
60 L-110-1 1 W-2" CONCRETE ENCASED LF 50
ELECTRICAL DUCT BANK
61 L-110-2 2W-2" CONCRETE ENCASED LF 180
ELECTRICAL DUCT BANK
62 L-110-3 4W-2" CONCRETE ENCASED LF 330
ELECTRICAL DUCT BANK
1 W-2" NON-ENCASED ELECTRICAL
63 L-110-4 CONDUIT LF 2920
DEMOLISH ELECTRICAL CONDUIT OR
64 L-110-5 DUCT BANK LF 2050
65 L-115-1 ELECTRICAL JUNCTION CAN EA 4
ASSEMBLY
DEMOLISH EXISTING ELECTRICAL
66 L-115-2 JUNCTION STRUCTURE EA 4
67 L-115-3 FAA HANDHOLE EA 2
68 L-120-1 TEMPORARY LIGHTING LS 1
69 L-120-2 TEMPORARY TAXIWAY EDGE LIGHT EA 16
70 L-125-1 NEW LIGHTED GUIDANCE SIGN ON EA 1
NEW SIGN BASE, 2 MODULE
71 L-125-2 NEW LIGHTED GUIDANCE SIGN ON EA 2
NEW SIGN BASE, 3 MODULE >-
72 L-125-3 RELOCATED LIGHTED GUIDANCE SIGN EA 1
ON NEW SIGN BASE, 2 MODULE
73 L-125-4 RELOCATED LIGHTED GUIDANCE SIGN EA 2
ON NEW SIGN BASE, 3 MODULE
74 L-125-5 GUIDANCE SIGN PANEL RELOCATION LS 1 CL
75 L-125-6 NEW GUIDANCE SIGN PANEL EA 14
76 L-125-7 NEW L-861T(L) ELEVATED TAXIWAY EA 52
EDGE LIGHT
77 L-125-8 CONVERT IN-PAVEMENT EDGE LIGHT EA 1
TO ELEVATED
78 L-125-9 DEMOLISH EXISTING TAXIWAY EDGE EA 15
LIGHT
79 L-125- DEMOLISH EXISTING GUIDANCE SIGN EA 3
10 FOUNDATION
80 L-125- SPARE L-861T(L) ELEVATED TAXIWAY EA 3
11 EDGE LIGHT
81 L-900-1 RELOCATE RUNWAY 9 REILS LS 1
82 L-900-2 NO. 6 AWG, 600V CABLE, INSTALLED IN LF 2190
DUCT BANK OR CONDUIT
83 L-900-3 NO. 10 AWG, 600V CABLE, INSTALLED LF 730
IN DUCT BANK OR CONDUIT
BIDDING REQUIREMENTS AND CONTRACT FORMS I-24
Packet Pg.863
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
NO. 6 AWG, INSULATED, STRANDED
84 L-900-4 EQUIPMENT GROUND, INSTALLED IN LF 730
DUCT BANK OR CONDUIT
85 L-900-5 6 PAIR #18 SHIELDED CONTROL LF 730
CABLE
TOTAL $
x
CJ
cv
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-25
Packet Pg.864
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION D
BID BOND
Contract
KNOW ALL MEN BY THESE PRESENTS, that we:
as Principal, hereinafter called
the Principal, and a corporation duly
organized under the laws of the State of Florida, as Surety, hereinafter called the Surety,
are held and firmly bound unto the Monroe County Board of Commissioners as Obligee,
hereinafter called the Obligee, in the sum of:
dollars ($ _________), for the payment of which sum well and truly to be
made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Taxiway A Extension and Mitigation
Key West International Airport - Bid Submission
Monroe County, Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may
be specified in the bidding or Contract Documents with good and sufficient surety for the
faithful performance of such contract and for the prompt payment of labor and material c
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such CL
contract and give such bond or bonds, if the Principal shall pay to the Obligee the
difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the
Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal shall,
upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith
efforts to meet such goals in the manner and within the time required in such specifications.
Failure to supply such information as required shall result in a forfeiture of this bid bond in
the same manner and to the same degree as though Obligee had accepted Principal's bid
and Principal had thereafter failed or refused to enter into the contract with Obligee as
set forth in the immediately preceding paragraph.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-26
Packet Pg.865
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Signed and sealed this day of 120
(Principal) (Seal)
X
(Witness)
(Title)
cv
(Surety) (Seal)
2
(Witness)
CL
Countersigned by:
By:
(Title)
All bonds must be signed by a Florida resident agent with a legal street address; Post Office
boxes are not acceptable. Bid will not be considered unless the bid bond is signed by
both Principal and Surety.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-27
Packet Pg.866
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION E
DRUG FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that:
(Name of Business)
1 . Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business'
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. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in Sub-section (1).
4. In the statement specified in Sub-Section (1), notify 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. Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidder's Signature
Date:
BIDDING REQUIREMENTS AND CONTRACT FORMS I-28
Packet Pg.867
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION F
PRIME BIDDER'S QUALIFICATIONS
In order to determine if persons submitting bids are responsible, each contractor shall furnish
with his bid the following completed information, and signed statements on "evidence of
competency" and "evidence of financial responsibility", which is in accordance with
General Provision 20-02.
1. Name of Bidder:
2. Business Address:
3. Telephone Number:
4. When Organized:
5. Where Incorporated:
6. A list of the person's or entity's shareholder with five (5) percent or more of the stock or, if
a general partnership, a list of the general partners; or if a limited liability company, a list
of its members; or, if a solely owned proprietorship, names(s) of owner(s). cV
7. A list of the officers and directors of the entity.
8. The number of years the person has been operating and, if different, the E
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). c
CL
9. The number of years the person has operated under its present name
and any prior names.
10. How many years have you been engaged in the contracting business under the
present firm name?
11. What is the type of construction work in which you are principally engaged?
12. On separate sheet list major contracts in past 10 years.
13. On separate sheet list equipment and plant available for this project.
14. Enclose a copy of latest 3 years of Financial Statements for the responding entity or for
any entity that is a subsidiary to the responding entity.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-29
Packet Pg.868
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
15. Credit Available for this Contract: $
16. Contracts now in hand, Gross Amount: $
17. Have you ever refused to sign a contract at your original bid?
18. On separate sheet, list the last five (5) projects over$500,000 on which the contractor has
worked, and telephone numbers.
19. Answers to the following questions regarding claims and suits:
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.)
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers or general
partners? (If yes, provide details.)
C. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit or arbitration with
regard to a contract for services, goods or construction services similar to those
requested in the specifications with private or public entities? (If yes, provide !i,
details)
d. Has the person, principal of the entity, or any entity previously owned, operated
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county CL
in connection with a contract to provide services, goods or construction
services? (If yes, provide details)
e. Whether, within the last five (5) years, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an
officer, director, general partner, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar
to those sought in the request for bids;
f. Customer references (minimum of three), including name, current address and
current telephone number:
g. Credit references (minimum of three), including name, current address and
current telephone number.
h. 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
BIDDING REQUIREMENTS AND CONTRACT FORMS I-30
Packet Pg.869
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
20. Remarks:
(The above statements must be subscribed and sworn to before a Notary Public.)
Date:
Firm Name:
X
By:
Title:
Notary Public:
cv
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-31
Packet Pg.870
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress or 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:
Contractor's Authorized Representative
BIDDING REQUIREMENTS AND CONTRACT FORMS I-32
Packet Pg.871
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION H
ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM
Addendum SignatureDate
No,.
X
N
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-33
Packet Pg.872
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION I
INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING
FEDERAL FUNDING
1. In accordance with 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE) Program
shall apply to this Contract. All persons or entities responding to this solicitation shall utilize,
or attempt to utilize, DBE firms to perform at least the assigned participation goal ("DBE Goal")
for this Contract. Bidders/Offerors shall submit at time of bid a Disadvantage Business
Enterprise (DBE) Utilization form — See Division III, Section 150-07 "Other Contract
Provision" Attachment 1 for this form.
X
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/EgualOp ortunity ice siess irecry/
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 cV
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 W
commercially useful function, the certified DBE firm must also be responsible, with respect
to materials and supplies used on the contract, for negotiating price, determining quality E
and quantity, ordering the material, and installing (where applicable) and paying for the
material itself. c
0.
3. Compliance with DBE goal requirements is a matter of responsibility. Information
demonstrating such compliance must be submitted with the bid at time of bid opening.
Bidder/Offeror must at least show an attempt to meet the DBE goal by providing
completed Letters of Intent (LOI) between Bidder/Offerer and Disadvantaged Business
Enterprise (DBE) forms for each DBE — See Division III, Section 150-07 "Other Contract
Provision"Attachment 2 for this form. Alternatively, Bidder/Offeror may show good faith efforts
to meet the DBE goal by providing an Application for Evaluation of Good Faith Effort to
Meet DBE Goals form - See Division III, Section 150-07 "Other Contract Provision" —
Attachment 3 for this form. Submittal of Attachment 3 also requires bidder/offer submittal of
supporting documentation of good faith efforts. Failure to meet the DBE goal or demonstrate
of good faith efforts to meet the DBE goal shall be grounds for a finding of non-responsibility.
In connection with the DBE goal, Bidder/Offeror may be deemed responsible in one of two
ways.
a) The first way you may be deemed responsible is by submitting Letters of Intent (LOIs)
from certified DBE firms which, cumulatively, fully meet the goal.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-34
Packet Pg.873
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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 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
BIDDING REQUIREMENTS AND CONTRACT FORMS I-35
Packet Pg.874
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-36
Packet Pg.875
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION J
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
(THIS FORM IS DUE AT TIME OF BID)
Contract
DBEs must be certified by a member of the Florida Unified Certification Program (FUCP) at time
of bid. A list of certified DBE firms is available in the FDOT's Business Directory, which can be
accessed online at the following:
t s:// . ot.state. l.us/ ual r) ort ity ice usi ess irect a/
(As Required by Division III, Section 150 of the General Provisions)
DBE Subcontractors Subcontract Work Item Dollar Value of Subcontract
Names/Address Work
LU
cv
2
0
CL
Total Dollar Value of Subcontract Work $
Total Dollar Value of Basic Bid $
Total DBE Percent (Round to nearest 1/10 percent) %
NOTE: The bidder must include with the bid proposal fully completed the Attachment 1 —
11Disadvantaged Business Enterprise(DBE) Utilization", and Attachment 2"Letter of Intent', and if needed
Attachment 3-Application for Evaluation of Good Faith Effort to Meet DBE Goals shown on Division III —Section
150-07"Other Contract Provision".
BIDDING REQUIREMENTS AND CONTRACT FORMS I-37
Packet Pg.876
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION K
BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT
(SECTION 553.60-553.64, FLORIDA STATUTES)
STATE OF FLORIDA )
) SS
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared
X
who, being duly sworn, deposes and says as follows:
That he is the duly authorized representative of:
(Name of Bidder)
being its
(Owner) (Partner) (President or other Corporate Officer)
and as such, has full authority to execute this Bidder's Affidavit.
1. The full legal name and business address of the person or entity submitting this bid:
0
2. By submission of this bid and subsequent execution of this Contract, the
undersigned bidder certifies that as successful bidder (Contractor) all trench excavation
done within his control (by his own forces or by his subcontractors) shall be accomplished
in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650,
Sub-part P, including all subsequent revisions or updates to these Standards as adopted by
the Department of Labor and Employment Security.
3. The bidder acknowledges that included in the various items listed in the Schedule
of Prices Bid and in the Total Amount Bid are costs for complying with Florida Trench Safety
BIDDING REQUIREMENTS AND CONTRACT FORMS I-38
Packet Pg.877
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be
summarized below:
Trench SafetyMeasure Unit of
Measure Unit Unit Extended
ure
(Description) (LF, ur Quantity Cost Cost
A
B
C
X
D
TOTAL: $
Signature of Authorized Representative:
Title Date
NOTARIAL JURAT E
2
0
CL
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
BIDDING REQUIREMENTS AND CONTRACT FORMS I-39
Packet Pg.878
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Proiect Manual
SECTION L
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for
2. This sworn statement is submitted by
X
(name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: ) "'
3. My name is and --
(please print name of individual signing)
2
my relationship to the entity named above is
4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity or
an agency or political subdivision of any other state or of the United States and
involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or
material misrepresentation.
5. I understand that "convicted" or "conviction", as defined in Paragraph
287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public
entity crime with or without an adjudication of guilt in any federal or state trial court of
record relating to charges brought by indictment or information after July 1, 1989, as a
result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida
BIDDING REQUIREMENTS AND CONTRACT FORMS I-40
Packet Pg.879
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity
crime; or
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in
the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person or a pooling of equipment or
income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state
or of the United States with the legal power to enter into a binding contract and which
bids or applies to bid on contracts for the provision of goods or services let by a
public entity or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members and agents who are active in management of an cV
entity.
8. Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement. (Indicate which statement E
applies.)
0
Neither the entity submitting this sworn statement nor any of its officers, CL
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity, nor any affiliate of the
entity has been charged with and convicted of a public entity crime subsequent E
to July 1, 1989.
The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity or an affiliate of the
entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before a Hearing
Officer of the State of Florida, Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the Final
Order.)
BIDDING REQUIREMENTS AND CONTRACT FORMS I-41
Packet Pg.880
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings. The Final Order entered by the
hearing officer determined that it was in the public interest to remove the
person or affiliate from the convicted vendor list. (Please attach a copy
of the Final Order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services.)
Signature of Authorized Representative:
X
Title Date
cv
NOTARIAL JURAT
STATE OF: E
2
COUNTY OF: c
0.
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
BIDDING REQUIREMENTS AND CONTRACT FORMS I-42
Packet Pg.881
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION M
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY,
FLORIDA
ETHICS CLAUSE
warrants that he/it has not
employed, retained or otherwise had act on his/its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,
in its discretion, terminate this Contract without liability and may also, in its discretion, deduct
from the Contract or purchase price or otherwise recover the full amount of any fee, commission,
percentage, gift or consideration paid to the former County officer or employee.
(Signature)
Date: '
cv
NOTARIAL JURAT
2
0
STATE OF: CL
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
BIDDING REQUIREMENTS AND CONTRACT FORMS I-43
Packet Pg.882
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION N
CERTIFICATION OF NONSEGREGATED FACILITIES
CONTRACT
(As Required by Division III, Section 160 Subsection 160-02
Equal Employment Opportunity Requirements of the General Provisions)
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 cv
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 CL
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
BIDDING REQUIREMENTS AND CONTRACT FORMS I-44
Packet Pg.883
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION O
FEDERAL WAGE DECISION
"General Decision Number: FL20210147 01/01/2021
Superseded General Decision Number: FL20200147
State: Florida
Construction Type: Highway
County: Monroe County in Florida.
x
HIGHWAY CONSTRUCTION PROJECTS UJ
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10. 95 for calendar year 2021 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded U)
(and any solicitation was issued) on or after January 1, 2015. tJ
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10. 95 per hour (or the applicable ,
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021 . If this contract is covered by the EO and a UJ
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the m
contractor must pay workers in that classification at least
0
the wage rate determined through the conformance process set
CL
forth in 29 CFR 5 .5 (a) (1) (ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate) . The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/01/2021
* ELEC0349-002 09/01/2020
BIDDING REQUIREMENTS AND CONTRACT FORMS I-45
Packet Pg.884
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 36.36 11 . 82
----------------------------------------------------------------
SUFL2013-008 08/19/2013
Rates Fringes
CARPENTER, Includes Form Work. . . . $ 11 . 95 1 . 44
CEMENT MASON/CONCRETE FINISHER. . . $ 13 . 65 0 . 00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) . . . . . $ 12 . 70 0 . 00
HIGHWAY/PARKING LOT STRIPING:
Operator (Spray Nozzleman) . . . . . . . $ 13 . 08 0 . 00
INSTALLER - GUARDRAIL. . . . . . . . . . . . $ 14 . 44 0 . 00
IRONWORKER, REINFORCING. . . . . . . . . . $ 13 . 85 0 . 00 CJ
LABORER (Traffic Control
Specialist) . . . . . . . . . . . . . . . . . . . . . . $ 12 . 17 1 . 71
cv
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor. . . . . . . . . . . . . . . . . . . . . . $ 13 . 60 0 . 00
LABORER: Common or General. . . . . . $ 11 . 96 2 . 90
0
LABORER: Flagger. . . . . . . . . . . . . . . . $ 9. 87 0 . 00
LABORER: Grade Checker. . . . . . . . . . $ 11 . 45 0 . 00
LABORER: Landscape &
Irrigation. . . . . . . . . . . . . . . . . . . . . . . $ 11 . 16 0 . 00
LABORER: Pipelayer. . . . . . . . . . . . . . $ 12 . 68 0 . 00
OPERATOR:
Backhoe/Excavator/Trackhoe. . . . . . . $ 17 .20 0 . 00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . . $ 11 . 60 0 . 00
OPERATOR: Broom/Sweeper. . . . . . . . . $ 10 . 89 0 . 00
OPERATOR: Bulldozer. . . . . . . . . . . . . $ 13 . 90 0 . 00
BIDDING REQUIREMENTS AND CONTRACT FORMS I-46
Packet Pg.885
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
OPERATOR: Crane. . . . . . . . . . . . . . . . . $ 17 . 83 0 . 00
OPERATOR: Forklift . . . . . . . . . . . . . . $ 11 . 03 0 . 00
OPERATOR: Grader/Blade. . . . . . . . . . $ 16. 08 0 . 00
OPERATOR: Loader. . . . . . . . . . . . . . . . $ 16.59 0 . 00
OPERATOR: Mechanic. . . . . . . . . . . . . . $ 13 .55 0 . 00
OPERATOR: Milling Machine. . . . . . . $ 13 .23 0 . 00
OPERATOR: Oiler. . . . . . . . . . . . . . . . . $ 12 . 61 0 . 00
X
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 18 . 17 0 . 00
OPERATOR: Roller. . . . . . . . . . . . . . . . $ 13 .28 2 .39
OPERATOR: Screed. . . . . . . . . . . . . . . . $ 15 . 79 0 . 00 tJ
OPERATOR: Trencher. . . . . . . . . . . . . . $ 16. 00 0 . 00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation. . . . . . $ 19. 03 0 . 00
TRUCK DRIVER: Dump Truck. . . . . . . . $ 12 . 66 0 . 00
TRUCK DRIVER: Lowboy Truck. . . . . . $ 14 . 94 0 . 00
0
CL
TRUCK DRIVER: Water Truck. . . . . . . $ 13 . 05 0 . 00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017 . If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
BIDDING REQUIREMENTS AND CONTRACT FORMS I-47
Packet Pg.886
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5. 5 (a) (1) (ii) ) .
x
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical U)
order of ""identifiers"" that indicate whether the particular U
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
cv
Union Rate Identifiers
LLJ
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
CL
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e. , Plumbers Local 0198 . The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
BIDDING REQUIREMENTS AND CONTRACT FORMS I-48
Packet Pg.887
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates . Example: SULA2012-007 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates . LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those U)
classifications; however, 1000 of the data reported for the U
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in ,
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of m
each year, to reflect a weighted average of the current
0
negotiated/CBA rate of the union locals from which the rate is
CL
based.
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
BIDDING REQUIREMENTS AND CONTRACT FORMS I-49
Packet Pg.888
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2 . )
and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 UJ
2 . ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1. 8 and 29 CFR Part 7) . Write to: U)
CJ
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. ,
Washington, DC 20210
The request should be accompanied by a full statement of the UJ
interested party' s position and by any information (wage
m
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
0
CL
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
END OF GENERAL DECISION
it
BIDDING REQUIREMENTS AND CONTRACT FORMS I-50
Packet Pg.889
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION P
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.
cv
SIGNATURE OF CONTRACTOR TITLE UJ
UJ
2
0
CL
BIDDING REQUIREMENTS AND CONTRACT FORMS I-51
Packet Pg.890
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION Q
NON-COLLUSION AFFIDAVIT
I, of the city of according
to law on my oath, and under penalty of perjury, depose and say that:
1) 1 am
of the firm of
the bidder making the bid proposal for the project described in the Notice for Calling for _
bids for:
and that I executed the said proposal with full authority to do so:
2) The prices in this bid have been arrived at independently without collusion, consultation,
X
communication or agreement for the purpose of restricting competition, as to any matter relating
to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full knowledge >-
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
2
0
(Signature of the Bidder) (Date)
NOTARIAL JURAT
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
BIDDING REQUIREMENTS AND CONTRACT FORMS I-52
Packet Pg.891
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION R
TEXTING WHILE DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging
While Driving" (12/30/2009), the FAA encourages recipients of Federal grant
funds to adopt and enforce safety policies that decrease crashes by distracted
drivers, including policies to ban text messaging while driving when performing
work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the Contractor to promote
policies and initiatives for its employees and other work personnel that decrease
crashes by distracted drivers, including policies that ban text messaging while e®
driving motor vehicles while performing work activities associated with the
project. The Contractor must include the substance of this clause in all sub-tier
contracts exceeding $3,500 and involve driving a motor vehicle in performance of
work activities associated with the project.
cv
2
0
BIDDING REQUIREMENTS AND CONTRACT FORMS I-53
Packet Pg.892
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION S
PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this
contract and to the extent practicable, the Contractor and subcontractors are to
use of products containing the highest percentage of recovered materials for items
designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247
whenever:
X
a) The contract requires procurement of $10,000 or more of a designated
item during the fiscal year; or, e®
b) 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. g ov/eaaste/conserve/tools/c /products/.
Section 6002(c) establishes exceptions to the preference for recovery of EPA- `V
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;
0
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
BIDDING REQUIREMENTS AND CONTRACT FORMS I-54
Packet Pg.893
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION T
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip: X
w
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 !i
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 m
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.
CL
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:
Title:
Note: The List are available at the following Department of Management Services Site:
littp://NN7ww.dms.mvflon'da.com/business_operations/state purchasing/vendor info lation/convicted_s s
Mended discminatory_coplaints vendor lists
BIDDING REQUIREMENTS AND CONTRACT FORMS I-55
Packet Pg.894
L.3.c`
x
CONTRACT
N
2
CL
Packet Pg.895
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
CONTRACT 11-2
Packet Pg.896
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND ........................................................................II-5
SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ..............................................II-15
SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS...............................................II-17
SECTION D - CONTRACT .......................................................................................II-19
X
cv
2
0
CL
CONTRACT 11-3
Packet Pg.897
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
CONTRACT 11-4
Packet Pg.898
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION A
PUBLIC CONSTRUCTION BOND
By this Bond, We as Principal, whose
principal business address is , as
corporation, as Surety, are bound to Monroe County hereinafter called County, in
the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for
payment which we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal-
1 . Performs the contract dated, 2021 between Principal and County for
construction of Taxiway A Extension and Mitigation the Contract being made a part of
this Bond by reference, at the times and in the manner prescribed in the Contract.
2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the Contract, which is made a part
of this bond by reference, and in the times and in the manner prescribed in the Contract;
and
3. Pays the County all losses, damages, expenses, costs and attorney's fees,
including appellate proceedings, that County sustains because of a failure by Principal
under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void; otherwise it remains in full
force.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes
in or under the Contract Documents and compliance or non-compliance with any
formalities connected with the Contract or the changes does not affect Surety's
obligation under this Bond.
Bond of contractor constructing public buildings; form; action by material men
(Florida Statues-Section 255.05)
(1)(a) Any person entering into a formal contract with the state or any county, city, or
political subdivision thereof, or other public authority or private entity, for the
construction of a public building, for the prosecution and completion of a public work, or for
repairs upon a public building or public work shall be required, before commencing
CONTRACT 11-5
Packet Pg.899
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
the work or before recommencing the work after a default or abandonment, to execute, deliver
to the public owner, and record in the public records of the county where the improvement is
located, a payment and performance bond with a surety insurer authorized to do
business in this state as surety. A public entity may not require a contractor to secure a
surety bond under this section from a specific agent or bonding company. The bond must state
on its front page: the name, principal business address, and phone number of the
contractor, the surety, the owner of the property being improved, and, if different from
the owner, the contracting public entity; the contract number assigned by the contracting
public entity; and a description of the project sufficient to identify it, such as a legal
description or the street address of the property being improved, and a general description of
the improvement. Such bond shall be conditioned upon the contractor's performance of the
construction work in the time and manner prescribed in the contract and promptly making
payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the
LU
prosecution of the work provided for in the contract. Any claimant may apply to the
governmental entity having charge of the work for copies of the contract and bond and shall
thereupon be furnished with a certified copy of the contract and bond. The claimant shall have
a right of action against the contractor and surety for the amount due him or her, including
unpaid finance charges due under the claimant's contract. Such action shall not involve
the public authority in any expense. At the discretion of the official or board awarding such
contract when such work is done for any county, city, political subdivision, or public
authority, any person entering into such a contract which is for $200,000 or less may be
exempted from executing the payment and performance bond. In the event such ,
exemption is granted, the officer or officials shall not be personally liable to persons suffering
loss because of granting such exemption. Any provision in a payment bond furnished for public
work contracts as provided by this subsection which restricts the classes of persons as defined
in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is
unenforceable.
0
(b) The Department of Management Services shall adopt rules with respect to all
0.
contracts for $200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment submitted by a
contractor and procedures for determining disbursements from the amount retained on a pro
rata basis to laborers, material men, and subcontractors, as defined in s. 713.01.
2. Procedures for requiring certification from laborers, material men, and subcontractors, as
defined in s. 713.01, prior to final payment to the contractor that such laborers, material men,
and subcontractors have no claims against the contractor resulting from the completion of
the work provided for in the contract.
The state shall not be held liable to any laborer, material man, or subcontractor for any
amounts greater than the pro rata share as determined under this section.
(c)1. The amount of the bond shall equal the contract price, except that for a contract in excess
of $250 million, if the state, county, municipality, political subdivision, or other public entity
finds that a bond in the amount of the contract price is not reasonably available, the public
owner shall set the amount of the bond at the largest amount reasonably available,
CONTRACT 11-6
Packet Pg.900
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
but not less than $250 million.
2. For construction-management or design-build contracts, if the public owner does not
include in the bond amount the cost of design or other non-construction services, the
bond may not be conditioned on performance of such services or payment to persons
furnishing such services. Notwithstanding paragraph (a), such a bond may exclude
persons furnishing such services from the classes of persons protected by the bond.
(2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a
contractor or the contractor's agent or attorney may elect to shorten the prescribed time in
this paragraph within which an action to enforce any claim against a payment bond provided
pursuant to this section may be commenced by recording in the clerk's office a notice in
substantially the following form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
N
To: (Name and address of claimant)
You are notified that the undersigned contests your notice of nonpayment, dated
and served on the undersigned on
and that the time within which you may file suit to
enforce your claim is limited to 60 days after the date of service of this notice.
Dated On:
E
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit to
enforce his or her claim against the payment bond within 60 days after service of such notice
shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the
claimant at the address shown in the notice of nonpayment or most
CONTRACT 11-7
Packet Pg.901
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
recent amendment thereto and shall certify to such service on the face of such notice
and record the notice. Service is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractor shall, before
commencing or not later than 45 days after commencing to furnish labor, services, or
materials for the prosecution of the work, furnish the contractor with a written notice that he
or she intends to look to the bond for protection. A claimant who is not in privity with the
contractor and who has not received payment for his or her labor, services, or
materials shall deliver to the contractor and to the surety written notice of the
performance of the labor or delivery of the materials or supplies and of the nonpayment.
The notice of nonpayment may be served at any time during the progress of the work or
thereafter but not before 45 days after the first furnishing of labor, services, or materials,
and not later than 90 days after the final furnishing of the labor, services, or materials by
the claimant or, with respect to rental equipment, not later than 90 days after the date
that the rental equipment was last on the job site available for use. Any notice of
nonpayment served by a claimant who is not in privity with the contractor which includes
sums for retainage must specify the portion of the amount claimed for retainage. No
action for the labor, materials, or supplies may be instituted against the contractor or the
surety unless both notices have been given. Notices required or permitted under this
section may be served in accordance with s. 713.18. A claimant may not waive in
advance his or her right to bring an action under the bond against the surety. In any
action brought to enforce a claim against a payment bond under this section, the
prevailing party is entitled to recover a reasonable fee for the services of his or her
attorney for trial and appeal or for arbitration, in an amount to be determined by the
court, which fee must be taxed as part of the prevailing party's costs, as allowed in
equitable actions. The time periods for service of a notice of nonpayment or for bringing an
action against a contractor or a surety shall be measured from the last day of
furnishing labor, services, or materials by the claimant and shall not be measured by CL
other standards, such as the issuance of a certificate of occupancy or the issuance of a
certificate of substantial completion.
(b) When a person is required to execute a waiver of his or her right to make a claim against
the payment bond in exchange for, or to induce payment of, a progress payment,
the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of$ hereby waives its right to claim
against the payment bond for labor, services, or materials furnished through insert
CONTRACT 11-8
Packet Pg.902
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
date to (insert the name of your customer) on the job of (insert the name of the owner),_
for improvements to the following described project:
Taxiway A Extension and MitigationThis waiver does not cover any retention or any
labor, services, or materials furnished after the date specified.
DATED ON
(Claimant)
By:
(c) When a person is required to execute a waiver of his or her right to make a claim against
the payment bond, in exchange for, or to induce payment of, the final payment, the waiver
may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of $_ hereby
waives its right to claim against the payment bond for labor, services, or materials >-
furnished to (insert the name of your customer) on the job of (insert the name of the owner),for improvements to the following described project:
2
0
Taxiway A Extension and Mitigation CL
DATED ON
Claimant
By-
(d) A person may not require a claimant to furnish a waiver that is different from the
forms in paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may condition the waiver
on payment of the check.
CONTRACT 11-9
Packet Pg.903
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3) The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (enter bond number)
BY THIS BOND, We , as Principal and a corporation, as Surety, are
bound to , herein called Owner, in the sum of$ , for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated between Principal and Owner for
construction of the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and U)
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time `V
specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
2
0
Any changes in or under the contract documents and compliance or noncompliance with any
0.
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond.
DATED ON
(Name of Principal)
By (As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall be construed
and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not
under any circumstances be converted into common law bonds.
CONTRACT 11-10
Packet Pg.904
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
(5) In addition to the provisions of chapter 47, any action authorized under this section may
be brought in the county in which the public building or public work is being constructed
or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977.
(6) All payment bond forms used by a public owner and all payment bonds executed pursuant
to this section by a surety shall make reference to this section by number and shall contain
reference to the notice and time limitation provisions in subsection (2).
(7) In lieu of the bond required by this section, a contractor may file with the state, county,
city, or other political authority an alternative form of security in the form of cash, a money order,
a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed
in part II of chapter 625. Any such alternative form of security shall be for the same
purpose and be subject to the same conditions as those applicable to the bond required
LU
by this section. The determination of the value of an alternative form of security shall be made
by the appropriate state, county, city, or other political subdivision.
(8) When a contractor has furnished a payment bond pursuant to this section, he or she may,
when the state, county, municipality, political subdivision, or other public authority makes any
payment to the contractor or directly to a claimant, serve a written demand on any claimant
who is not in privity with the contractor for a written statement under oath of his or her
account showing the nature of the labor or services performed and to be performed, if any; the
materials furnished; the materials to be furnished, if known; the amount paid on account to
date; the amount due; and the amount to become due, if known, as of the date of the
statement by the claimant. Any such demand to a claimant who is not in privity with the
contractor must be served on the claimant at the address and to the attention of any person
who is designated to receive the demand in the notice to contractor served by the
claimant. The failure or refusal to furnish the statement does not deprive the claimant
of his or her rights under the bond if the demand is not served at the address of the claimant
or directed to the attention of the person designated to receive the demand in the notice to
contractor. The failure to furnish the statement within 30 days after the demand, or the
furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the
statement, or who furnishes the false or fraudulent statement, of his or her rights under the
bond. If the contractor serves more than one demand for statement of account on a claimant
and none of the information regarding the account has changed since the claimant's last
response to a demand, the failure or refusal to furnish such statement does not deprive the
claimant of his or her rights under the bond. The negligent inclusion or omission of any
information deprives the claimant of his or her rights under the bond to the extent that the
contractor can demonstrate prejudice from such act or omission by the claimant. The
failure to furnish a response to a demand for statement of account does not affect the validity
of any claim on the bond being enforced in a lawsuit filed before the date the demand for
statement of account is received by the claimant.
(9) On any public works project for which the public authority requires a performance and
payment bond, suits at law and in equity may be brought and maintained by and
CONTRACT 11-11
Packet Pg.905
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
against the public authority on any contract claim arising from breach of an express provision or an
implied covenant of a written agreement or a written directive issued by the public authority
pursuant to the written agreement. In any such suit, the public authority and the contractor
shall have all of the same rights and obligations as a private person under a like contract
except that no liability may be based on an oral modification of either the written contract
or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state
and its political subdivisions from equitable claims and equitable remedies. The provisions of this
subsection shall apply only to contracts entered into on or after July 1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted against the contractor
or the surety on the payment bond or the payment provisions of a combined payment and
performance bond within 1 year after the performance of the labor or completion of delivery of the
materials or supplies. An action for recovery of retainage must be instituted against the
contractor or the surety within 1 year after the performance of the labor or completion of
delivery of the materials or supplies; however, such an action may not be instituted until one of the
following conditions is satisfied:
(a) The public entity has paid out the claimant's retainage to the contractor, and the time provided
under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;
(b) The claimant has completed all work required under its contract and 70 days have passed
since the contractor sent its final payment request to the public entity; or ,
cv
(c) At least 160 days have passed since reaching substantial completion of the
construction services purchased, as defined in the contract, or if not defined in the contract,
since reaching beneficial occupancy or use of the project.
(d) The claimant has asked the contractor, in writing, for any of the following information and the
contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of
CL
the request:
1. Whether the project has reached substantial completion, as that term is defined in the contract,
or if not defined in the contract, if beneficial occupancy or use of the project has occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the date
the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if so, the
date on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d)
is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation
period set forth in this subsection, this limitation period shall be extended until 120 days after one
of these conditions is satisfied.
CONTRACT 11-12
Packet Pg.906
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Principal agrees to record this Bond in the Official Records for Monroe County before
the commencement of the work subject of this Bond.
Dated on:
PRINCIPAL:
Address:
By:
X
As Attorney-in-Fact
SURETY: Address:
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall
provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent
Labor and Material Payment Bond each in an amount not less than the total construction cost.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
issued by the State of Florida, Department of Insurance, authorizing it to write
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority
issued by the United States Department of Treasury under Sections 9304 to 9308
of Title 31 of the United States Code.
3. The Surety Company shall be in full compliance with the provisions of the
Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and
capital required by the Florida Insurance Code at the time the invitation to
bid is issued.
CONTRACT 11-13
Packet Pg.907
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
5. If the Contract Award Amount exceeds Five Hundred Thousand
($500,000), the Surety Company shall also comply with the following
provisions:
A. The Surety Company shall have at least the following minimum ratings in
the latest issue of Best's Key Rating Guide.
POLICYHOLDER'S REQUIRED
CONTRACT AMOUNT RATING FINANCIAL RATING
$ 500,000 TO 1,000,000 A- CLASS
X
$1,000,000 TO 2,000,000 A- CLASS 11
$2,000,000 TO 5,000,000 A- CLASS III
$5,000,000 TO 10,000,000 A- CLASS IV
$10,000,000 TO 25,000,000 A- CLASS V
$25,000,000 TO 50,000,000 A- CLASS VI
$50,000,000 TO 100,000,000 A- CLASS VII
$50,000,000 TO 100,000,000 A- CLASS VII
0
CL
B. The Surety Company shall not expose itself to any loss on any one risk in
an amount exceeding ten (10) percent of its surplus to policyholders,
provided:
(a) Any risk or portion of any risk being reinsured shall be
deducted in determining the limitation of the risk as prescribed in
this section. These minimum requirements shall apply to the
reinsuring carrier providing authorization or approval by the State
of Florida, Department of Insurance to do business in this state
have been met.
(b) In the case of the surety insurance company, in addition to
the deduction for reinsurance, the amount assumed by any co-
surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of
the surety shall be deducted.
CONTRACT 11-14
Packet Pg.908
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N B
CERTIFICATE OF OWNER'S ATTORNEY
THIS SECTION IS NOT INCLUDED
X
N
2
0
CL
CONTRACT 11-15
Packet Pg.909
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK U)
cv
2
0
CL
CONTRACT 11-16
Packet Pg.910
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West, Florida
REF: Taxiway A Extension and Mitigation
Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law-
1 . Unusual and difficult circumstances which arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the
serious detriment of the awarding authority. E
2
0
3. Emergencies arising during the course of the work.
0.
4. Changes or alterations provided for in the original bid and originals contract
Contractor
By:
Title:
CONTRACT 11-17
Packet Pg.911
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
CONTRACT 11-18
Packet Pg.912
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N D
CONTRACT
Taxiway A Extension and Mitigation
Key West International Airport
THIS AGREEMENT made and entered into the day of
by and between Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated documents;
Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions,
Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,
which are attached hereto and made a part hereof, as if fully contained herein, for
the construction of:
Taxiway A Extension and Mitigation
Key West International Airport _
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
CL
fully complete all work hereunder within three hundred and sixty five(365)calendar
days from the Notice-to-Proceed (Construction) as per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the
agreement, subject to additions and deductions as provided in the
contract documents the Contract Lump sum of
----------------------------------------------------Dollars
4. On or before the 15th day of each calendar month, the Owner shall make partial
payment to the Contractor on the basis of a duly certified and approved estimate of
work performed during the preceding calendar month by the Contractor. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project.
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
CONTRACT 11-19
Packet Pg.913
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractor's Applications for Payment. Applications for Payment shall indicate the
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the ,
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at its expense within five
(5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this agreement until such new or
additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting 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
CONTRACT 11-20
Packet Pg.914
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for seven years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with
Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall ,
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
0.
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
CONTRACT 11-21
Packet Pg.915
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
X
If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision cV
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO E
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, c
BRADLEY-BRIANQM ON ROECOUTY-FL.GOV, MONROE COUNTYCL
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
10. HOLD HARMLESS AND INSURANCE: The successful Respondent E
shall defend, indemnify and hold the County and the County's elected
and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or
expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other
governmental agency requires by reason of , or in connection with a
violation of any federal law or regulation, attorneys' fees and costs,
court costs, fines and penalties) that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Respondent or any of its
CONTRACT 11-22
Packet Pg.916
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
employees, agents, contractors or other invitees during the term of 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 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 equal to the dollar
value of the contract and not less than $1 million per occurrence
pursuant to Section 725.06, Florida Statutes. 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 the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the cV
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified E
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be c
provided to the COUNTY before any policy or coverage is canceled or restricted. TheCL
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any Agreement entered into by the COUNTY be required to contain any provision
for waiver.
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S
credit or make it a guarantor of payment or surety for any contract, debt,
CONTRACT 11-23
Packet Pg.917
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
13. NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY: (FILL IN)
Key West,
Florida 33041
FOR CONTRACTOR:
14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and >-
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
2
15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of c
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
CONTRACT 11-24
Packet Pg.918
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or
not, through all levels of the court system.
18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be _
resolved by meet and confer sessions between representatives of each of COUNTY
and CONTRACTOR. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of COUNTY and CONTRACTOR,
then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
19. COOPERATION: In the event any administrative or legal proceeding is instituted U)
against either party relating to the formation, execution, performance, or breach of
this Agreement, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or ,
provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
CL
21. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the
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.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
CONTRACT 11-25
Packet Pg.919
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this
Agreement.
25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or U)
employee of Monroe County in his or her individual capacity, and no member, officer, ca
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.
N
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart.
CONTRACT 11-26
Packet Pg.920
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VI I I of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; ,
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
2
0
CONTRACT 11-27
Packet Pg.921
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date
first above written in two (2) counterparts, each of which shall, without proof or accounting for the
other counterpart, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
CONTRACTOR
By:
Title:
NOTARIAL JURAT
STATE OF:
COUNTY OF:
cv
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online .i,
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
*Who is authorized by the corporation to execute this contract.
CONTRACT 11-28
Packet Pg.922
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
CONTRACT 11-29
Packet Pg.923
L.3.c`
x
GENERAL PROVISIONS
N
2
CL
Packet Pg.924
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK e®
cv
2
0
CL
GENERAL PROVISIONS III-2
Packet Pg.925
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
D I V I S I O N I I I
GENERAL PROVISIONS
SECTION 10 - DEFINITION OF TERMS................................................................................... III-5
SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS...................................... III-13
SECTION 30 -AWARD AND EXECUTION OF CONTRACT................................................. III-17
SECTION 40 - SCOPE OF WORK.......................................................................................... III-19 —
SECTION 50 - CONTROL OF WORK..................................................................................... III-23
X
SECTION 60 - CONTROL OF MATERIALS........................................................................... III-31
SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .................... III-35
SECTION 80 - PROSECUTION AND PROGRESS................................................................ III-47 U)
SECTION 90 MEASUREMENT AND PAYMENT III-55
SECTION 100 - NUCLEAR GAUGES..................................................................................... III-63
cv
SECTION 110 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ............. III-65
SECTION 120 - GENERAL INSURANCE REQUIREMENTS FOR
CONTRACTORS AND SUBCONTRACTORS.................................... III-67
2
0
SECTION 130 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ....................... III-77
CL
SECTION 140 - CONSTRUCTION CONTRACT CLAUSES AIRPORT
IMPROVEMENT PROGRAM III-97
...............................................................
SECTION 150 - BUY AMERICAN PREFERENCES.............................................................III-125
GENERAL PROVISIONS III-3
Packet Pg.926
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK e®
cv
2
0
CL
GENERAL PROVISIONS III-4
Packet Pg.927
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
DIVISION III - GENERAL PROVISIONS
S E C T I O N 1 0
DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in the Contract, in any
documents or other instruments pertaining to construction where these specifications govern,
the intent and meaning shall be interpreted as follows:
Paragraph Term Definition
Number
10-01 AASHTO The American Association of State Highway and
Transportation Officials.
10-02 Access Road The right-of-way, the roadway and all
improvements constructed thereon connecting the
airport to a public roadway.
10-03 Advertisement A public announcement, as required by local law,
inviting bids for work to be performed and
materials to be furnished.
10-04 Airport Airport means an area of land or water which is
used or intended to be used for the landing and
takeoff of aircraft; an appurtenant area used or cv
intended to be used for airport buildings or other
airport facilities or rights of way; airport buildings
and facilities located in any of these areas, and a
heliport. E
10-05 Airport Improvement A grant-in-aid program, administered by the
Program AIP Federal Aviation Administration (FAA). c
10-06 Air Operations Area The term air operations area (AOA) shall mean
(AOA) any area of the airport used or intended to be used
for the landing, takeoff, or surface maneuvering of
aircraft. An air operation area shall include such
paved or unpaved areas that are used or intended
to be used for the unobstructed movement of
aircraft in addition to its associated runway,
taxiway, or apron.
10-07 Apron Area where aircraft are parked, unloaded or
loaded, fueled and/or serviced.
10-08 ASTM International Formerly known as the American Society for
ASTM Testing and Materials ASTM .
10-09 Award The Owner's notice to the successful bidder of the
acceptance of the submitted bid.
10-09.5 Barging Using a barge, or boat type of transport method, to
relocate material and or equipment, as intended
per contract documents.
GENERAL PROVISIONS III-5
Packet Pg.928
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
10-10 Bidder Any individual, partnership, firm, or corporation,
acting directly or through a duly authorized
representative, who submits a proposal for the
work contemplated.
10-11 Building Area An area on the airport to be used, considered, or
intended to be used for airport buildings or other
airport facilities or rights-of-way together with all
airport buildings and facilities located thereon.
10-12 Calendar Day Every day shown on the calendar.
10-13 Certificate of Analysis The COA is the manufacturer's Certificate of
(COA) Compliance (COC) including all applicable test
results required by the specifications.
10-14 Certificate of The manufacturer's certification stating that
Compliance (COC) materials or assemblies furnished fully comply with
the requirements of the contract. The certificate
shall be signed by the manufacturer's authorized
representative.
10-15 Change Order A written order to the Contractor covering changes
in the plans, specifications, or proposal quantities
and establishing the basis of payment and contract
time adjustment, if any, for work within the scope
of the contract and necessary to complete the cV
project.
10-16 Contract A written agreement between the Owner and the
Contractor that establishes the obligations of the
parties including but not limited to performance of E
work, furnishing of labor, equipment and materials
and the basis of payment. c
The awarded contract includes but may not be 0.
limited to: Advertisement, Contract form, Proposal,
Performance bond, payment bond, General
provisions, certifications and representations,
Technical Specifications, Plans, Supplemental
Provisions, standards incorporated by reference
and issued addenda.
10-17 Contract Item (Pay A specific unit of work for which a price is provided
Item) in the contract.
10-18 Contract Time The number of calendar days or working days,
stated in the proposal, allowed for completion of
the contract, including authorized time extensions.
If a calendar date of completion is stated in the
proposal, in lieu of a number of calendar or
working days, the contract shall be completed by
that date.
10-19 Contractor The individual, partnership, firm, or corporation
primarily liable for the acceptable performance of
GENERAL PROVISIONS III-6
Packet Pg.929
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
the work contracted and for the payment of all
legal debts pertaining to the work who acts directly
or through lawful agents or employees to complete
the contract work.
10-20 Contractors Quality The Contractor's QC facilities in accordance with
Control QC Facilities the Contractor Quality Control Program CQCP .
10-21 Contractor Quality Details the methods and procedures that will be
Control Program taken to assure that all materials and completed
(CQCP) construction required by the contract conform to
contract plans, technical specifications and other
requirements, whether manufactured by the
Contractor, or procured from subcontractors or
vendors.
10-22 Control Strip A demonstration by the Contractor that the
materials, equipment, and construction processes
results in a product meeting the requirements of
the specification.
10-23 Construction Safety The overall plan for safety and phasing of a
and Phasing Plan construction project developed by the airport
(CSPP) operator, or developed by the airport operator's
consultant and approved by the airport operator. It
is included in the invitation for bids and becomes cv
art of the project specifications.
10-24 Drainage System The system of pipes, ditches, and structures by
which surface or subsurface waters are collected
and conducted from the airport area. E
10-25 Engineer The individual, partnership, firm, or corporation
duly authorized by the Owner to be responsible for c
engineering, inspection, and/or observation of the CL
contract work and acting directly or through an
authorized representative.
10-26 Equipment All machinery, together with the necessary
supplies for upkeep and maintenance; and all tools
and apparatus necessary for the proper
construction and acceptable completion of the
work.
10-27 Extra Work An item of work not provided for in the awarded
contract as previously modified by change order or
supplemental agreement, but which is found by the
Owner's Engineer or Resident Project
Representative (RPR) to be necessary to complete
the work within the intended scope of the contract
as previousl modified.
10-28 FAA The Federal Aviation Administration. When used to
designate a person, FAA shall mean the
Administrator or their duly authorized
GENERAL PROVISIONS III-7
Packet Pg.930
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
representative.
10-29 Federal Specifications The federal specifications and standards,
commercial item descriptions, and supplements,
amendments, and indices prepared and issued by
the General Services Administration.
10-30 Force Account a. Contract Force Account- A method of payment
that addresses extra work performed by the
Contractor on a time and material basis.
b. Owner Force Account- Work performed for the
project by the Owner's employees.
X
10-31 Intention of Terms Whenever, in these specifications or on the plans,
the words "directed," "required," "permitted,"
"ordered," "designated," "prescribed," or words of
like import are used, it shall be understood that the
direction, requirement, permission, order,
designation, or prescription of the Engineer and/or U)
Resident Project Representative (RPR) is
intended; and similarly, the words "approved,"
"acceptable," "satisfactory," or words of like import,
shall mean approved by, or acceptable to, or
satisfactory to the Engineer and/or RPR, subject in `V
each case to the final determination of the Owner. >-
Any reference to a specific requirement of a
numbered paragraph of the contract specifications
or a cited standard shall be interpreted to include
all general requirements of the entire section,
specification item, or cited standard that may be
CL
pertinent to such specific reference.
10-32 Lighting A system of fixtures providing or controlling the
light sources used on or near the airport or within
the airport buildings. The field lighting includes all
luminous signals, markers, floodlights, and
illuminating devices used on or near the airport or
to aid in the operation of aircraft landing at, taking
off from, or taxiing on the airport surface.
10-33 Major and Minor A major contract item shall be any item that is
Contract Items listed in the proposal, the total cost of which is
equal to or greater than 20% of the total amount of
the award contract. All other items shall be
considered minor contract items.
10-34 Materials Any substance specified for use in the construction
of the contract work.
10-35 Modification of Any deviation from standard specifications
Standards (MOS) applicable to material and construction methods in
GENERAL PROVISIONS III-8
Packet Pg.931
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
accordance with FAA Order 5300.1.
10-36 Notice to Proceed A written notice to the Contractor to begin the
(NTP) actual contract work on a previously agreed to
date. If applicable, the Notice to Proceed shall
state the date on which the contract time begins.
10-37 Owner The term "Owner' shall mean the party of the first
part or the contracting agency signatory to the
contract. Where the term "Owner' is capitalized in
this document, it shall mean airport Sponsor only.
The Owner for this project is Monroe County.
10-38 Passenger Facility Per 14 Code of Federal Regulations (CFR) Part
Charge (PFC) 158 and 49 United States Code (USC) § 40117, a
PFC is a charge imposed by a public agency on
passengers enplaned at a commercial service
airport it controls.
10-39 Pavement Structure The combined surface course, base course(s), and
subbase course(s), if any, considered as a single
unit.
10-40 Payment bond The approved form of security furnished by the
Contractor and their own surety as a guaranty that
the Contractor will pay in full all bills and accounts
for materials and labor used in the construction of cv
the work.
10-41 Performance bond The approved form of security furnished by the W
Contractor and their own surety as a guaranty that
the Contractor will complete the work in E
accordance with the terms of the contract.
0
10-42 Plans The official drawings or exact reproductions which
CL
show the location, character, dimensions and
details of the airport and the work to be done and
which are to be considered as a part of the
contract, supplementary to the specifications.
Plans may also be referred to as 'contract
drawings.'
10-43 Project The agreed scope of work for accomplishing
specific airport development with respect to a
articular airport.
10-44 Proposal The written offer of the bidder (when submitted on
the approved proposal form) to perform the
contemplated work and furnish the necessary
materials in accordance with the provisions of the
tans andspecifications.
10-45 Proposal guaranty The security furnished with a proposal to
guarantee that the bidder will enter into a contract
if their own proposal is accepted by the Owner.
GENERAL PROVISIONS III-9
Packet Pg.932
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
10-46 Quality Assurance (QA) Owner's responsibility to assure that construction
work completed complies with specifications for
payment.
10-47 Quality Control (QC) Contractor's responsibility to control material(s)
and construction processes to complete
construction in accordance with project
specifications.
10-48 Quality Assurance (QA) An authorized representative of the Engineer
Inspector and/or Resident Project Representative (RPR)
assigned to make all necessary inspections,
observations, tests, and/or observation of tests of
the work performed or being performed, or of the
materials furnished or being furnished by the
Contractor.
10-49 Quality Assurance (QA) The official quality assurance testing laboratories
Laboratory of the Owner or such other laboratories as may be
designated by the Engineer or RPR. May also be
referred to as Engineer's, Owner's, or QA
Laboratory.
10-50 Resident Project The individual, partnership, firm, or corporation
Representative (RPR) duly authorized by the Owner to be responsible for
all necessary inspections, observations, tests, cv
and/or observations of tests of the contract work
performed or being performed, or of the materials
furnished or being furnished by the Contractor, and
acting directly or through an authorized
representative.
10-51 Runway The area on the airport prepared for the landing c
and takeoff of aircraft. 0.
10-52 Runway Safety Area A defined surface surrounding the runway
(RSA) prepared or suitable for reducing the risk of
damage to aircraft. See the construction safety
and phasing plan CSPP for limits of the RSA.
10-53 Safety Plan Details how the Contractor will comply with the
Compliance Document CSPP.
SPCD
10-54 Specifications A part of the contract containing the written
directions and requirements for completing the
contract work. Standards for specifying materials
or testing which are cited in the contract
specifications by reference shall have the same
force and effect as if included in the contract
physically.
10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a
public agency that submits to the FAA for an AIP
rant; or a private Owner of apublic-use airport
GENERAL PROVISIONS III-10
Packet Pg.933
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
that submits to the FAA an application for an AIP
rant for the airport.
10-56 Structures Airport facilities such as bridges; culverts; catch
basins, inlets, retaining walls, cribbing; storm and
sanitary sewer lines; water lines; underdrains;
electrical ducts, manholes, handholes, lighting
fixtures and bases; transformers; navigational aids;
buildings; vaults; and, other manmade features of
the airport that may be encountered in the work
and not otherwise classified herein.
10-57 Sub grade The soil that forms the pavement foundation.
10-58 Superintendent The Contractor's executive representative who is
present on the work during progress, authorized to
receive and fulfill instructions from the RPR, and
who shall supervise and direct the construction.
10-59 Supplemental A written agreement between the Contractor and
Agreement the Owner that establishes the basis of payment
and contract time adjustment, if any, for the work
affected by the supplemental agreement. A
supplemental agreement is required if: (1) in
scope work would increase or decrease the total
amount of the awarded contract by more than cv
25%: (2) in scope work would increase or
decrease the total of any major contract item by
more than 25%; (3) work that is not within the
scope of the originally awarded contract; or (4)
adding or deleting of a major contract item.
10-60 Surety The corporation, partnership, or individual, other c
than the Contractor, executing payment or CL
performance bonds that are furnished to the
Owner by the Contractor.
10-61 Taxilane A taxiway designed for low speed movement of E
aircraft between aircraft parking areas and terminal
areas.
10-62 Taxiway The portion of the air operations area of an airport
that has been designated by competent airport
authority for movement of aircraft to and from the
airport's runways, aircraft parking areas, and
terminal areas.
10-63 Taxiway/Taxilane A defined surface alongside the taxiway prepared
Safety Area (TSA) or suitable for reducing the risk of damage to an
aircraft. See the construction safety and phasing
Ian CSPP for limits of the TSA.
10-64 Work The furnishing of all labor, materials, tools,
equipment, and incidentals necessary or
convenient to the Contractor's performance of all
GENERAL PROVISIONS III-11
Packet Pg.934
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Paragraph Term Definition
Number
duties and obligations imposed by the contract,
tans, andspecifications.
10-65 Working day A working day shall be any day other than a legal
holiday, Saturday, or Sunday on which the normal
working forces of the Contractor may proceed with
regular work for at least six (6) hours toward
completion of the contract. When work is
suspended for causes beyond the Contractor's
control, it will not be counted as a working day.
Saturdays, Sundays and holidays on which the
Contractor's forces engage in regular work will be
considered as working days.
END OF SECTION 10
cv
2
0
CL
GENERAL PROVISIONS III-12
Packet Pg.935
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 2 0
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized
agent, shall publish the advertisement at such places and at such times as are
required by local law or ordinances. The published advertisement shall state the time
and method for submitting sealed proposals; and instructions to bidders as to
obtaining proposal forms, plans, and specifications.
20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner
satisfactory evidence of his/her competency to perform the proposed work. Such
evidence of competency, unless otherwise specified, shall consist of statements
covering the bidder's past experience on similar work, a list of equipment that would be
available for the work, and a list of key personnel that would be available. In addition, each
bidder shall furnish the owner satisfactory evidence of his/her financial
responsibility. Such evidence of financial responsibility, unless otherwise specified, shall
consist of a statement or report of the bidder's financial resources and liabilities as of the
last calendar year or the Contractor's last fiscal year. Such statements or reports shall
be certified by a public accountant. At the time of submitting such financial statements or
reports, the bidder shall further certify whether his/her financial responsibility is
approximately the same as stated or reported by the public accountant. If the bidder's financial
responsibility has changed, the bidder shall qualify the public accountant's statement or cV
report to reflect his/her(bidder's) true financial condition at the time such qualified statement
or report is submitted to the owner.
Each bidder shall submit "evidence of competency' and "evidence of financial E
responsibility" to the owner at the time of the bid opening.
20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with a
competitive solicitation packet.
The plans specifications, and other documents designated in the competitive solicitation
packet shall be considered a part of the competitive solicitation packet whether attached or
not.
GENERAL PROVISIONS III-13
Packet Pg.936
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to accept
a bid proposal from a prospective bidder should such bidder be in default for any of the
following reasons:
A. Failure to comply with any prequalification regulations of the owner, if such
regulations are cited, or otherwise included, in the proposal as a
requirement for bidding.
B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on
former contracts in force (with the owner) at the time the owner issues the
proposal to a prospective bidder.
C. Contractor default under previous contracts with the owner.
X
D. Unsatisfactory work on previous contracts with the owner.
20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of
quantities of work to be done and materials to be furnished under these specifications is given
in the proposal. It is the result of careful calculations and is believed to be correct. It is
given only as a basis for comparison of proposals and the award of the contract. The owner
does not expressly or by implication agree that the actual quantities involved will
correspond exactly therewith; nor shall the bidder plead misunderstanding or deception
because of such estimates of quantities, or of the character, location, or other
conditions pertaining to the work. Payment to the Contractor will be made only for the cV
actual quantities of work performed or materials furnished in accordance with the plans and
specifications. It is understood that the quantities may be increased or decreased as W
hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of
Section 40 without in any way invalidating the unit bid prices. E
2
0
20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is
expected to carefully examine the site of the proposed work, the proposal, plans
specifications, and contract forms. He shall satisfy himself as to the character, quality, and
quantities of work to be performed, materials to be furnished, and as to the
requirements of the proposed contract. The submission of a proposal shall be prima facie
evidence that the bidder has made such examination and is satisfied as to the conditions to be
encountered in performing the work and as to the requirements of the proposed contract, plans,
and specifications.
Boring logs and other records of subsurface investigations and tests are available for
inspection of bidders. It is understood and agreed that such subsurface information, whether
included in the plans, specifications, or otherwise made available to the bidder, was obtained
and is intended for the owner's design and estimating purposes only. Such information
has been made available for the convenience of all bidders. It is further understood
and agreed that each bidder is solely responsible for all assumptions, deductions,
or conclusions which he may make or obtain from his/her examination of the boring logs and
other records of subsurface investigations and tests that are furnished by the owner.
GENERAL PROVISIONS III-14
Packet Pg.937
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidders proposal in
electronic format (e-mail) only. The bidder shall submit his/her proposal and include the
forms provided in the competitive solicitation packet issued by the owner. All blank
spaces in the proposal forms must be correctly filled in where indicated for each and every
item for which a quantity is given. The bidder shall state the price (written in ink or typed) both
in words and numerals for which he proposes to do each pay item furnished in the proposal.
In case of conflict between words and numerals, the words, unless obviously incorrect, shall
govern.
The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an
individual, his/her name and post office address must be shown. If made by a _
partnership, the name and post office address of each member of the partnership must be
shown. If made by a corporation, the person signing the proposal shall give the name
of the state under the laws of which the corporation was chartered and the name, titles, and
business address of the president, secretary, and the treasurer. Anyone signing a
proposal as an agent shall file evidence of his/her authority to do so and that the signature is
binding upon the firm or corporation.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the
following reasons: U)
A. If the proposal is on a form other than that furnished by the owner, or if the
owner's form is altered, or if any part of the proposal form is detached.
cv
B. If there are unauthorized additions, conditional or alternate pay items, or
irregularities of any kind which make the proposal incomplete, indefinite, or
otherwise ambiguous.
C. If the proposal does not contain a unit price for each pay item listed in the
proposal, except in the case of authorized alternate pay items, for which the c
bidder is not required to furnish a unit price. 0.
D. If the proposal contains unit prices that are obviously unbalanced.
E. If the proposal is not accompanied by the proposal guaranty specified by the
owner.
In addition, until the award of contract is made, the owner reserves the right to reject any
irregular proposal and the right to waive irregularities, technicalities or omissions if such waiver
is in the best interest of the owner and conforms to local laws and ordinances pertaining to the
letting of construction contracts.
20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check,
or other specified acceptable collateral, in the amount specified in the proposal form. Such
check, or collateral, shall be made payable to the owner.
GENERAL PROVISIONS III-15
Packet Pg.938
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be submitted
electronically in accordance with the instructions set forth in Section B, Article 17
Instruction To Bidders.
20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or
revise (by withdrawal of one proposal and submission of another) a proposal provided that
the bidder's request for withdrawal is received by the owner in writing or by telegram
before the time specified for opening bids. Revised proposals must be received at
the place specified in the advertisement before the time specified for opening all bids.
20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read,
publicly at the time and place specified in the advertisement. Bidders, their authorized agents,
and other interested persons are invited to appear. Proposals that have been withdrawn (by
written or telegraphic request) or received after the time specified for opening bids shall
be rejected.
20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for
any of the following reasons:
A. Submitting more than one proposal from the same partnership, firm, or
corporation under the same or different name.
B. Evidence of collusion among bidders. Bidders participating in such
collusion shall be disqualified as bidders for any future work of the owner until cv
any such participating bidder has been reinstated by the owner as a qualified
bidder.
C. If the bidder is considered to be in "default" for any reason specified in the E
subsection titled ISSUANCE OF PROPOSAL FORMS of this section.
END OF SECTION 20
GENERAL PROVISIONS III-16
Packet Pg.939
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 3 0
AWARD AND EXECUTION OF CONTRACT
30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and
read, they will be compared on the basis of the summation of the products obtained by
multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's
proposal contains a discrepancy between unit bid prices written in words and unit bid prices
written in numbers, the unit price written in words shall govern.
Until the award of a contract is made, the owner reserves the right to reject a bidder's
proposal for any of the following reasons:
X
A. If the proposal is irregular as specified in the subsection titled
IRREGULAR PROPOSALS of Section 20.
B. If the bidder is disqualified for any of the reasons specified in the
subsection titled DISQUALIFICATION OF BIDDERS of Section 20. U)
The owner reserves the right to reject any irregular proposal and the right to waive
irregularities, technicalities or omissions if such waiver is in the best interest of the owner and
is in conformance with applicable state and local laws or regulations pertaining to the letting of
construction contracts; advertise for new proposals; or proceed with the work otherwise. All
such action s shall promote the owner's best interest. �-
The owner also reserves the right to reject any and all bids at the owner's sole discretion, to
waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject
any item or items of bid and to award and/or negotiate a contract in the best interest of the
County.
30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be
made within 120 calendar days of the date specified for publicly opening proposals, unless
otherwise specified herein.
Award of the contract shall be made by the owner to the lowest, qualified bidder whose
proposal conforms to the cited requirements of the owner.
30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the
award without liability to the bidder, except return of proposal guaranty, at any time
before a contract has been fully executed by all parties and is approved by the owner in
accordance with the subsection titled APPROVAL OF CONTRACT of this section.
30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of
the two lowest bidders, will be returned immediately after the owner has made a comparison
of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS
of this section. Proposal guaranties of the two lowest bidders will be retained by the owner
GENERAL PROVISIONS III-17
Packet Pg.940
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
until such time as an award is made, at which time, the unsuccessful bidder's
proposal guaranty will be returned. The successful bidder's proposal guaranty will be
returned as soon as the owner receives the contracts bonds as specified in the subsection
titled REQUIREMENTS OF CONTRACT BONDS of this section.
30-05 REQUIREMENTS OF CONTRACT BONDS.At the time of the execution of the contract,
the successful bidder shall furnish the owner a surety bond or bonds which have been fully
executed by the bidder and the surety guaranteeing the performance of the work and the
payment of all legal debts that may be incurred by reason of the Contractor's performance of
the work. The surety and the form of the bond or bonds shall be acceptable to the owner.
Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum
equal to the full amount of the contract.
30-06 EXECUTION OF CONTRACT. Upon Notice of Intent to Award by the County, the
Contractor shall fully execute, scan and return via email an electronic copy and then sign and
deliver all two (2) originals of the Contract Agreement to the Owner or Owner's designee, with
all other Contract Documents attached, including an original Insurance Certificate, and a
certified copy of the recorded Public Construction Bond as soon as possible.
30-07 APPROVAL OF CONTRACT. Upon receipt of the contract along with all other Contract
Documents attached, including an original Insurance Certificate, and a certified copy of the
recorded Public Construction Bond, the owner shall complete the execution of the contract in
accordance with local laws or ordinances, and return the fully executed contract to the
Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's
approval to be bound by the successful bidder's proposal and the terms of the contract.
30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to
execute the contract and furnish an acceptable surety bond or bonds within the 15
calendar day period specified in the subsection titled REQUIREMENTS OF
CONTRACT BONDS of this section shall be just cause for cancellation of the award and c
forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the 0.
owner.
END OF SECTION 30
GENERAL PROVISIONS III-18
Packet Pg.941
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 4 0
SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and
completion, in every detail, of the work described. It is further intended that the Contractor
shall furnish all labor, materials, equipment, tools, transportation, and supplies required
to complete the work in accordance with the plans, specifications, and terms of the contract.
40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have
the right to make such alterations in the work as may be necessary or desirable to complete
the work originally intended in an acceptable manner. Unless otherwise specified
herein, the Engineer shall be and is hereby authorized to make such alterations in
the work as may increase or decrease the originally awarded contract quantities, provided that
the aggregate of such alterations does not change the total contract cost or the total cost of
any major contract item by more than 25 percent (total cost being based on the unit prices and
estimated quantities in the awarded contract). Alterations which do not exceed the 25
percent limitation shall not invalidate the contract nor release the surety, and the
Contractor agrees to accept payment for such alterations as if the altered work had been
a part of the original contract. These alterations which are for work within the general
scope of the contract shall be covered by "Change Orders" issued by the Engineer.
Change orders for altered work shall include extensions of contract time where, in the
Engineer's opinion, such extensions are commensurate with the amount and difficulty of cV
added work.
Should the aggregate amount of altered work exceed the 25 percent limitation
hereinbefore specified, such excess altered work shall be covered by supplemental E
agreement. If the owner and the Contractor are unable to agree on a unit adjustment for
any contract item that requires a supplemental agreement, the owner reserves the right to
0.
terminate the contract with respect to the item and make other arrangements for its completion.
The Contractor is advised that all supplemental agreements shall be approved by the FAA
and shall include valid wage determinations of the U.S. Secretary of Labor when the amount
of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive
the limitations on work that increases or decreases the originally awarded contract or
any major contract item by more than 25 percent, the supplemental agreement shall be subject
to the same U.S. Secretary of Labor wage determination as was included in the originally
awarded contract.
All supplemental agreements shall require consent of the Contractor's surety and
separate performance and payment bonds.
40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the
work any contract item, except major contract items. Major contract items may be omitted by
a supplemental agreement. Such omission of contract items shall not invalidate any
other contract provision or requirement.
GENERAL PROVISIONS III-19
Packet Pg.942
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Should a contract item be omitted or otherwise ordered to be non-performed, the
Contractor shall be paid for all work performed toward completion of such item prior to the
date of the order to omit such item. Payment for work performed shall be in
accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.
40-04 EXTRA WORK. Should acceptable completion of the contract require the
Contractor to perform an item of work for which no basis of payment has been provided in the
original contract or previously issued change orders or supplemental agreements, the same
shall be called Extra Work. Extra work that is within the general scope of the contract shall be
covered by written change order. Change orders for such extra work shall contain agreed
unit prices for performing the change order work in accordance with the requirements
specified in the order, and shall contain any adjustment to the contract time that, in the
Engineer's opinion, is necessary for completion of such extra work.
X
When determined by the Engineer to be in the owner's best interest, he may order the
Contractor to proceed with extra work by force account as provided in the subsection titled
PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.
Extra work that is necessary for acceptable completion of the project, but is not within the
general scope of the work covered by the original contract shall be covered by a
Supplemental Agreement as hereinbefore defined in the subsection titled
SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change order
or supplemental agreement) shall be rejected by the owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety
of aircraft, as well as the Contractor's equipment and personnel, is the most important
consideration. It is understood and agreed that the Contractor shall provide for the free
and unobstructed movement of aircraft in the air operations areas of the airport with c
respect to his/her own operations and the operations of all his/her subcontractors as 0.
specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further
understood and agreed that the Contractor shall provide for the uninterrupted operation of
visual and electronic signals (including power supplies thereto) used in the guidance of
aircraft while operating to, from, and upon the airport as specified in the subsection titled
CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS
in Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying:
personnel; equipment; vehicles; storage areas; and any work area or condition that
may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance
vehicles at the airport.
When the contract requires the maintenance of vehicular traffic on an existing road,
street, or highway during the Contractor's performance of work that is otherwise
provided for in the contract, plans, and specifications, the Contractor shall keep such road,
street, or highway open to all traffic and shall provide such maintenance as may be required
GENERAL PROVISIONS III-20
Packet Pg.943
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning
signs, flagmen, and other traffic control devices in reasonable conformity with the manual of
Uniform Traffic Control Devices for Streets and Highways (published by the United States
Government Printing Office), unless otherwise specified herein. The Contractor shall also
construct and maintain in a safe condition any temporary connections necessary for
ingress to and egress from abutting property or intersecting roads, streets or highways.
Unless otherwise specified herein, the Contractor will not be required to furnish snow
removal for such existing road, street, or highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and
incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified _
in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not
be measured or paid for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered
within the established lines, grades, or grading sections shall be removed by the
Contractor, unless such existing structures are otherwise specified to be relocated,
adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place.
The cost of removing such existing structures shall not be measured or paid for directly, but
shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work
for which the disposition is not indicated on the plans, the Engineer shall be notified `V
prior to disturbing such structure. The disposition of existing structures so encountered shall >-
be immediately determined by the Engineer in accordance with the provisions of the contract. �--
Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS
FOUND IN THE WORK of this section, it is intended that all existing materials or
structures that may be encountered (within the lines, grades, or grading sections
established for completion of the work) shall be utilized in the work as otherwise
provided for in the contract and shall remain the property of the owner when so utilized in the
work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the
Contractor encounter any material such as (but not restricted to) sand, stone, gravel,
slag, or concrete slabs within the established lines, grades, or grading sections, the use of
which is intended by the terms of the contract to be either embankment or waste, he may at
his/her option either:
A. Use such material in another contract item, providing such use is
approved by the Engineer and is in conformance with the contract
specifications applicable to such use; or,
B. Remove such material from the site, upon written approval of the
Engineer; or
GENERAL PROVISIONS III-21
Packet Pg.944
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
C. Use such material for his/her own temporary construction on site; or,
D. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option A., B., or C., he shall request the
Engineer's approval in advance of such use.
Should the Engineer approve the Contractor's request to exercise option A., B., or C., the
Contractor shall be paid for the excavation or removal of such material at the applicable
contract price. The Contractor shall replace, at his/her own expense, such removed or
excavated material with an agreed equal volume of material that is acceptable for use
in constructing embankment, backfills, or otherwise to the extent that such replacement
material is needed to complete the contract work. The Contractor shall not be charged
for his/her use of such material so used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be
paid, at the applicable contract price, for furnishing and installing such material in accordance
with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by
reason of his/her exercise of option A., B., or C.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part
of a structure which is located outside the lines, grades, or grading sections established for the n,
work, except where such excavation or removal is provided for in the contract, plans, or
specifications.
40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and
final payment will be made, the Contractor shall remove from the site all machinery, equipment,
surplus and discarded materials, rubbish, temporary structures, and stumps or portions of c
trees. He shall cut all brush and woods within the limits indicated and shall leave the site 0.
in a neat and presentable condition.
Material cleared from the site and deposited on adjacent property will not be considered as E
having been disposed of satisfactorily, unless the Contractor has obtained the written
permission of such property owner.
END OF SECTION 40
GENERAL PROVISIONS III-22
Packet Pg.945
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 5 0
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all
questions which may arise as to the quality and acceptability of materials furnished, work
performed, and as to the manner of performance and rate of progress of the work. He shall
decide all questions which may arise as to the interpretation of the specifications
or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and
the rights of different Contractors on the project. The Engineer shall determine the amount and
quality of the several kinds of work performed and materials furnished which are to be paid for
under the contract.
X
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all
materials furnished shall be in reasonably close conformity with the lines, grades,
grading sections, cross sections, dimensions, material requirements, and testing
requirements that are specified (including specified tolerances) in the contract, plans or
specifications.
If the Engineer finds the materials furnished, work performed, or the finished product not within
reasonably close conformity with the plans and specifications but that the portion of the work
affected will, in his/her opinion, result in a finished product having a level of safety, economy,
durability, and workmanship acceptable to the owner, he will advise the owner of his/her cv
determination that the affected work be accepted and remain in place. In this event, the
Engineer will document his/her determination and recommend to the owner a basis of
acceptance which will provide for an adjustment in the contract price for the affected
portion of the work. The Engineer's determination and recommended contract price E
adjustments will be based on good engineering judgment and such tests or retests of the
affected work as are, in his/her opinion, needed. Changes in the contract price shall be c
covered by contract modifications (change order or supplemental agreement) as applicable. 0.
If the Engineer finds the materials furnished, work performed, or the finished product are not
in reasonably close conformity with the plans and specifications and have resulted in an
unacceptable finished product, the affected work or materials shall be removed and
replaced or otherwise corrected by and at the expense of the Contractor in
accordance with the Engineer's written orders.
For the purpose of this subsection, the term "reasonably close conformity" shall not be
construed as waiving the Contractor's responsibility to complete the work in accordance with
the contract, plans, and specifications. The term shall not be construed as waiving the
Engineer's right to insist on strict compliance with the requirements of the contract, plans, and
specifications during the Contractor's prosecution of the work, when, in the Engineer's
opinion, such compliance is essential to provide an acceptable finished portion of the
work.
GENERAL PROVISIONS III-23
Packet Pg.946
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
For the purpose of this subsection, the term "reasonably close conformity" is also
intended to provide the Engineer with the authority to use good engineering judgment in his/her
determinations as to acceptance of work that is not in strict conformity but will provide a
finished product equal to or better than that intended by the requirements of the contract,
plans and specifications.
For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not
in "reasonably close conformity"to the Contract," Plans, Specifications. The Sponsor
will in turn advise the FAA. Change orders or supplemental agreements
must bear the written approval of the FAA.
50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The
contract, plans, specifications, and all referenced standards cited are essential parts of the
contract requirements. A requirement occurring in one is as binding as though occurring
in all. They are intended to be complementary and to describe and provide for a complete
work. In case of discrepancy, calculated dimensions will govern over scaled dimensions;
contract technical specifications shall govern over contract general provisions, plans, cited
standards for materials or testing, and cited FAA advisory circulars; contract general
provisions shall govern over plans, cited standards for materials or testing, and cited FAA
advisory circulars; plans shall govern over cited standards for materials or testing and cited
FAA advisory circulars.
The Contractor shall not take advantage of any apparent error or omission on the plans or
specifications. In the event the Contractor discovers any apparent error or
discrepancy, he shall immediately call upon the Engineer for his/her interpretation and
decision, and such decision shall be final. �-
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies
each of the plans and specifications. He shall have available on the work at all times one copy
each of the plans and specifications. Additional copies of plans and specifications may be
obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress
thereof, and he shall cooperate with the Engineer and his/her inspectors and with other
contractors in every way possible. The Engineer shall allocate the work and designate the
sequence of construction in case of controversy between contractors. The
Contractor shall have a competent superintendent on the work at all times who is fully
authorized as his/her agent on the work. The superintendent shall be capable of
reading and thoroughly understanding the plans and specifications and shall receive and
fulfill instructions from the Engineer or his/her authorized representative.
50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract
for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of any one project, each Contractor shall
conduct his/her work so as not to interfere with or hinder the progress of completion
of the work being performed by other Contractors. Contractors working on the same project
shall cooperate with each other as directed.
GENERAL PROVISIONS III-24
Packet Pg.947
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Each Contractor involved shall assume all liability, financial or otherwise, in connection with
his/her contract and shall protect and save harmless the owner from any and all damages or
claims that may arise because of inconvenience, delays, or loss experienced by
him because of the presence and operations of other Contractors working within the
limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the materials being
used so as not to interfere with the operations of the other Contractors within the limits of the
same project. He shall join his/her work with that of the others in an acceptable manner
and shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish
horizontal and vertical control only. The Contractor must establish all layout required for the
construction of the work. Such stakes and markings as the Engineer may set for either
his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of
negligence on the part of the Contractor, or his/her employees, resulting in the destruction of
such stakes or markings, an amount equal to the cost of replacing the same may be
deducted from subsequent estimates due the Contractor at the discretion of the Engineer.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant
equipment is required to be operated automatically under the contract and a breakdown or
malfunction of the automatic controls occurs, the equipment may be operated manually
or by other methods for a period 48 hours following the breakdown or malfunction, provided ,
this method of operations will produce results which conform to all other requirements of the
contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the
owner shall be authorized to inspect all work done and all material furnished. Such inspection
may extend to all or any part of the work and to the preparation, fabrication, or manufacture
of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any
0.
provision of the contract. Inspectors are not authorized to issue instructions contrary to the
plans and specifications or to act as foreman for the Contractor.
Inspectors employed by the owner are authorized to notify the Contractor or his/her
representatives of any failure of the work or materials to conform to the requirements of the
contract, plans, or specifications and to reject such nonconforming materials in question
until such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall
be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of
the work and shall be furnished with such information and assistance by the Contractor as is
required to make a complete and detailed inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall
remove or uncover such portions of the finished work as may be directed. After examination,
the Contractor shall restore said portions of the work to the standard required by the
specifications. Should the work thus exposed or examined prove acceptable, the
GENERAL PROVISIONS III-25
Packet Pg.948
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
uncovering, or removing, and the replacing of the covering or making good of the parts
removed will be paid for as extra work; but should the work so exposed or examined
prove unacceptable, the uncovering, or removing, and the replacing of the covering or
making good of the parts removed will be at the Contractor's expense.
Any work done or materials used without supervision or inspection by an authorized
representative of the owner may be ordered removed and replaced at the Contractor's expense
unless the owner's representative failed to inspect after having been given reasonable notice
in writing that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to existing
facilities, not the property of the (contract) owner, authorized representatives of the owners of
such facilities shall have the right to inspect such work. Such inspection shall in no sense
make any facility owner a party to the contract, and shall in no way interfere with the rights of
the parties to this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work
which does not conform to the requirements of the contract, plans, and specifications will
be considered unacceptable, unless otherwise determined acceptable by the Engineer
as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of
this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials,
damage through carelessness, or any other cause found to exist prior to the final
acceptance of the work, shall be removed immediately and replaced in an acceptable manner
in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY >-
FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done beyond the lines
shown on the plans or as given, except as herein specified, or any extra work done c
without authority, will be considered as unauthorized and will not be paid for under the 0.
provisions of the contract. Work so done may be ordered removed or replaced at the
Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the
Engineer made under the provisions of this subsection, the Engineer will have authority to
cause unacceptable work to be remedied or removed and replaced and unauthorized work
to be removed and to deduct the costs (incurred by the owner) from any monies due or to
become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load
restrictions in the hauling of materials on public roads beyond the limits of the work. A special
permit will not relieve the Contractor of liability for damage which may result from the
moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to
structures or to any other type of construction will not be permitted. Hauling of materials over
the base course or surface course under construction shall be limited as directed. No loads
GENERAL PROVISIONS III-26
Packet Pg.949
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
will be permitted on a concrete pavement, base, or structure before the expiration of
the curing period. The Contractor shall be responsible for all damage done by his/her hauling
equipment and shall correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work
during construction and until the work is accepted. This maintenance shall constitute
continuous and effective work prosecuted day by day, with adequate equipment and
forces so that the work is maintained in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade
previously constructed, the Contractor shall maintain the previous course or subgrade during
all construction operations.
All costs of maintenance work during construction and before the project is accepted shall
be included in the unit prices bid on the various contract items, and the Contractor will not be
paid an additional amount for such work.
50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain
the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of
this section, the Engineer shall immediately notify the Contractor of such noncompliance.
Such notification shall specify a reasonable time within which the Contractor shall be required
to remedy such unsatisfactory maintenance condition. The time specified will give due
consideration to the exigency that exists.
cv
Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend
any work necessary for the owner to correct such unsatisfactory maintenance condition, >-
depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be
deducted from monies due or to become due the Contractor.
2
50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the c
Contractor substantially completes a usable unit or portion of the work, the 0.
occupancy of which will benefit the owner, he may request the Engineer to make final
inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily
completed in compliance with the contract, he may accept it as being completed, and the
Contractor may be relieved of further responsibility for that unit. Such partial acceptance
and beneficial occupancy by the owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion
of the entire project, the Engineer and owner will make an inspection. If all construction
provided for and contemplated by the contract is found to be completed in accordance with the
contract, plans, and specifications, such inspection shall constitute the final inspection. The
Engineer shall notify the Contractor in writing of final acceptance as of the date of the
final inspection.
If, however, the inspection discloses any work, in whole or in part, as being
unsatisfactory, the Engineer will give the Contractor the necessary instructions for
correction of same and the Contractor shall immediately comply with and execute such
instructions. Upon correction of the work, another inspection will be made which shall constitute
GENERAL PROVISIONS III-27
Packet Pg.950
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
the final inspection, provided the work has been satisfactorily completed. In such event, the
Engineer will make the final acceptance and notify the Contractor in writing of this
acceptance as of the date of final inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems
that additional compensation is due him for work or materials not clearly provided for
in the contract, plans, or specifications or previously authorized as extra work, he shall notify
the Engineer in writing of his/her intention to claim such additional compensation before he
begins the work on which he bases the claim. If such notification is not given or the
Engineer is not afforded proper opportunity by the Contractor for keeping strict account
of actual cost as required, then the Contractor hereby agrees to waive any claim for such
additional compensation. Such notice by the Contractor and the fact that the Engineer has kept
account of the cost of the work shall not in any way be construed as proving or substantiating
the validity of the claim. When the work on which the claim for additional compensation is
based has been completed, the Contractor shall, within 10 calendar days, submit his/her
written claim to the Engineer who will present it to the owner for consideration in accordance
with local laws or ordinances. e®
Nothing in this subsection shall be construed as a waiver of the Contractor's right to
dispute final payment based on differences in measurements or computations.
50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all
materials furnished under this Contract shall be new unless specified and free of defects and
in conformance with Contract requirements. Any work not so conforming to these standards
may be considered defective. `V
If, within one year after the date of final acceptance of the work, or within such longer period
of time as may be prescribed by law or by the terms of any applicable special guarantee
required by the Contract, any of the work is found to be defective or not in accordance with
Contract requirements, the Contractor shall correct it promptly after receipt of written notice
from the Owner to do so.
The obligations of the Contractor in this paragraph titled WARRANTY AND
GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon
him by special guarantees required by the Contract or otherwise prescribed by law.
50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the
Engineer, the following requirements must be satisfied by the Contractor before final payment
can be made:
1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by
the Engineer a minimum of once a week for four consecutive weeks.
2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT
OF CLAIMS AND DEBTS.
3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO
GENERAL PROVISIONS III-28
Packet Pg.951
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FINAL PAYMENT.
4. The Contractor must furnish a letter on his letterhead acknowledging that
acceptance of final payment by the Contractor constitutes a waiver of all claims, present
or future, in connection with this project.
5. The Contractor must furnish a written guarantee on his letterhead covering all defects
in material and workmanship for a period of one year commencing on the date of final
acceptance.
6. If any purchase items have been incorporated in the work, the Contractor must furnish
a letter on his letterhead assigning those warranties to the OWNER. Copies of
said warranties shall be bound in one binder and submitted along with the letter
assignment.
7. In addition to the above, the Contractor shall provide all documents required in Special
Provision No. 1, Section 25.
50-19 CONCEALED CONDITIONS. Should conditions be encountered below the
surface of the ground or should concealed or unknown conditions in an existing
structure vary to an unreasonable extent from the conditions indicated by the drawings and
Specifications, the Engineer shall be notified by the Contractor and instructions shall be
equitably adjusted upon claim of either party made within thirty (30) days after the first
observation. The conditions shown on the drawings or attached to these Specifications, are
presented only as information that is available indicating certain conditions found and limited to
the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible
for making the determination of water table variations prior to bidding and shall not assume
that any water levels shown by the aforesaid core boring data will necessarily be maintained E
at the level indicated.
0
50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a
separate copy of all Specifications, drawings, addenda, modifications, and shop
drawings at the site in good order and annotated currently to show all changes made during
the construction process. These shall be available to the Engineer for review of record
information thereon each month prior to approval of monthly application for payment,
and shall be delivered to him for the Owner upon completion of the Project.
Record information shall include but not be limited to record dimensions, finished
pavement grades, finished elevation of structures, record inverts, etc.
The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets
of all maintenance manuals, parts lists, and operating instructions covering materials,
equipment and installations having moving parts. It is mandatory that all of the aforesaid be
delivered at the same time and with the materials, equipment, and installations, so that proper
installation and operation can be promptly made.
50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be
GENERAL PROVISIONS III-29
Packet Pg.952
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
considered complete when all work has been completed and has been accepted by the Owner.
The Contractor will then be released from further obligation except as set forth in his bond.
END OF SECTION 50
X
cv
2
0
CL
GENERAL PROVISIONS III-30
Packet Pg.953
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 6 0
CONTROL OF MATERIALS
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on
the work shall conform to the requirements of the contract, plans, and specifications. Unless
otherwise specified, such materials that are manufactured or processed shall be new (as
compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish
complete statements to the Engineer as to the origin, composition, and manufacture of all
materials to be used in the work. Such statements shall be furnished promptly after execution
of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before
delivery is stated. If it is found after trial that sources of supply for previously approved materials
do not produce specified products, the Contractor shall furnish materials from other sources. U)
The Contractor shall furnish airport lighting equipment that conforms to the
requirements of cited materials specifications. In addition, where an FAA specification for
airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish
such equipment that is: `V
A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport
Equipment, that is in effect on the date of advertisement; and,
2
B. Produced by the manufacturer qualified (by FAA) to produce such c
specified and listed equipment. 0.
The following airport lighting equipment is required for this contract and is to be
furnished by the Contractor in accordance with the requirements of this subsection: N/A E
EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR
EQUIPMENT AND MANUFACTURER
60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work
shall be inspected, tested, and approved by the Engineer before incorporation in the work.
Any work in which untested materials are used without approval or written permission of the
Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable
and unauthorized will not be paid for and, if directed by the Engineer, shall be removed
at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited
standard methods of AASHTO or ASTM which are current on the date of advertisement for
bids will be made by and at the expense of the
GENERAL PROVISIONS III-31
Packet Pg.954
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
owner. Samples will be taken by a qualified representative of the owner. All materials being
used are subject to inspection, test, or rejection at any time prior to or during incorporation into
the work. Copies of all tests will be furnished to the Contractor's representative at his/her
request.
60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by
manufacturer's certificates of compliance stating that such materials or assemblies fully comply
with the requirements of the contract. The certificate shall be signed by the manufacturer. Each
lot of such materials or assemblies delivered to the work must be accompanied by a certificate
of compliance in which the lot is clearly identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled and
tested at any time and if found not to be in conformity with contract requirements will be
subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the
Engineer.
When a material or assembly is specified by"brand name or equal" and the Contractor elects
to furnish the specified "brand name," the Contractor shall be required to furnish the
manufacturer's certificate of compliance for each lot of such material or assembly delivered
to the work. Such certificate of compliance shall clearly identify each lot delivered and
shall certify as to: n,
A. Conformance to the specified performance, testing, quality or dimensional
requirements; and,
B. Suitability of the material or assembly for the use intended in the contract
work.
0.
Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish
the manufacturer's certificates of compliance as hereinbefore described for the specified
brand name material or assembly. However, the Engineer shall be the sole judge as to
whether the proposed "or equal" is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies on
the basis of certificates of compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect,
at its source, any specified material or assembly to be used in the work. Manufacturing plants
may be inspected from time to time for the purpose of determining compliance with specified
manufacturing methods or materials to be used in the work and to obtain samples required
for his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
GENERAL PROVISIONS III-32
Packet Pg.955
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
A. The Engineer shall have the cooperation and assistance of the Contractor and
the producer with whom he has contracted for materials.
B. The Engineer shall have full entry at all reasonable times to such parts of the
plant that concern the manufacture or production of the materials being
furnished.
C. If required by the Engineer, the Contractor shall arrange for adequate
office or working space that may be reasonably needed for conducting plant
inspections. Office or working space should be conveniently located with
respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material which
has been tested and approved at the source of supply after it has been delivered to the site.
The Engineer shall have the right to reject only material which, when retested, does
not meet the requirements of the contract, plans, or specifications.
60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to
the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which
shall be deemed to include shop material lists and performance data, which may be
required by the Specifications, requested by the Engineer or otherwise necessary for the
proper execution of the work. At the time of each submission, the Contractor shall in writing
call the Engineer's attention to any deviations that the shop drawings may have from the
requirements of the Contract documents. n,
Where called for, the Contractor shall furnish two samples of each material, texture, color,
etc., clearly labeled as to name and quality of material, manufacturer and application
on the job. No work requiring a shop drawing or sample submission shall be started until the
submission has been reviewed by the Engineer.
0
The Engineer's review of shop drawings or samples will not relieve the Contractor from his
responsibility for any deviations from the requirements of the Contract documents unless the
Contractor has in writing called for the Engineer's attention to such deviations at the time of
submission and the Engineer has given written comments on the specific deviation, nor will it E
relieve the Contractor from errors or omissions in the shop drawings.
60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. The Contractor shall
furnish for the duration of the project one building for the use of the field Engineers
and inspectors, as a field office. This facility shall be an approved weatherproof
building meeting the current State Highway Specifications (for example, Class I
Field Office or Type C Structure). This building shall be located conveniently near to the
construction. The Contractor shall furnish a photocopy machine, water, sanitary facilities, heat,
air conditioning, and electricity.
60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation
of their quality and fitness for the work. Stored materials, even though approved before storage,
may again be inspected prior to their use in the work. Stored materials shall be located so
as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all
GENERAL PROVISIONS III-33
Packet Pg.956
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
materials with the Engineer. Materials to be stored on airport property shall not create an
obstruction to air navigation nor shall they interfere with the free and unobstructed movement
of aircraft. Unless otherwise shown on the plans, the storage of materials and the location
of the Contractor's plant and parked equipment or vehicles shall be as directed by the
Engineer. Private property shall not be used for storage purposes without written permission
of the owner or lessee of such property. The Contractor shall make all arrangements and bear
all expenses for the storage of materials on private property. Upon request, the Contractor
shall furnish the Engineer a copy of the property owner's permission.
All storage sites on private or airport property shall be restored to their original condition by the
Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner
or lessee of the property.
60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not
conform to the requirements of the contract, plans, or specifications shall be considered
unacceptable and shall be rejected. The Contractor shall remove any rejected material or
assembly from the site of the work, unless otherwise instructed by the Engineer. e®
Rejected material or assembly, the defects of which have been corrected by the
Contractor, shall not be returned to the site of the work until such time as the Engineer has
approved its use in the work. Per Section 255.04, Florida Statutes, the use of asbestos
or asbestos-based fiber materials is prohibited in any buildings, construction of which is
commenced after September 30, 1983, which is financed with public funds or is constructed
for the express purpose of being leased to any governmental entity.
cv
60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required >-
to complete the work, except those specified herein (if any) to be furnished by the owner.
Owner-furnished materials shall be made available to the Contractor at the location specified
herein.
All costs of handling, transportation from the specified location to the site of work,
storage, and installing owner-furnished materials shall be included in the unit price bid for
the contract item in which such owner-furnished material is used.
After any owner-furnished material has been delivered to the location specified, the Contractor
shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur
during the Contractor's handling, storage, or use of such owner-furnished material. The
owner will deduct from any monies due or to become due the Contractor any cost incurred
by the owner in making good such loss due to the Contractor's handling, storage, or use
of owner-furnished materials.
END OF SECTION 60
GENERAL PROVISIONS III-34
Packet Pg.957
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 7 0
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all
Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees
of bodies or tribunals having any jurisdiction or authority, which in any manner affect those
engaged or employed on the work, or which in any way affect the conduct of the work. He
shall at all times observe and comply with all such laws, ordinances, regulations, orders, and
decrees; and shall protect and indemnify the owner and all his/her officers, agents, or
servants against any claim or liability arising from or based on the violation of any such
law, ordinance, regulation, order, or decree, whether by himself or his/her employees.
X
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and
licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental
to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required
or desires to use any design, device, material, or process covered by letters of patent or
copyright, he shall provide for such use by suitable legal agreement with the patentee or
owner. The Contractor and the surety shall indemnify and save harmless the owner, any
third party, or political subdivision from any and all claims for infringement by
reason of the use of any such patented design, device, material or process, or any
trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages
which it may be obliged to pay by reason of an infringement, at any time during the prosecution
or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner
reserves the right to authorize the construction, reconstruction, or maintenance of any p u b I i c
or private utility service, FAA or National Oceanic and Atmospheric
Administration (NOAA) facility, or a utility service of another government agency at any time
during the progress of the work. To the extent that such construction,
reconstruction, or maintenance has been coordinated with the owner, such authorized work
(by others) is indicated as follows: N/A
(Lamer (Utility r,r Other FaGility)
I gGatiGR (Coo Dl-r, Choo+ NO.)
PeFSE)R 4r, aGt (Name, Title, /AddFess girl Dhi,r,o\
TT
Except as listed above, the Contractor shall not permit any individual, firm, or
corporation to excavate or otherwise disturb such utility services or facilities located within
the limits of the work without the written permission of the Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility
GENERAL PROVISIONS III-35
Packet Pg.958
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
service of another government agency be authorized to construct, reconstruct, or
maintain such utility service or facility during the progress of the work, the Contractor shall
cooperate with such owners by arranging and performing the work in this contract so as to
facilitate such construction, reconstruction or maintenance by others whether or not such work
by others is listed above. When ordered as extra work by the Engineer, the Contractor shall
make all necessary repairs to the work which are due to such authorized work by others,
unless otherwise provided for in the contract, plans, or specifications. It is understood and
agreed that the Contractor shall not be entitled to make any claim for damages due to such
authorized work by others or for any delay to the work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States
Government has agreed to reimburse the owner for some portion of the contract costs. Such
reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In
consideration of the United Sates Government's (FAA's) agreement with the owner, the
owner has included provisions in this contract pursuant to the requirements of the
Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work.
As required by the Act, the contract work is subject to the inspection and approval of duly
authorized representatives of the Administrator, FAA, and is further subject to those
provisions of the rules and regulations that are cited in the contract, plans, or specifications.
No requirement of the Act, the rules and regulations implementing the Act, or this
contract shall be construed as making the Federal Government a party to the contract nor
will any such requirement interfere, in any way, with the rights of either party to the contract.
70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall
provide and maintain in a neat, sanitary condition such accommodations for the use of his/her
employees as may be necessary to comply with the requirements of the state and local
Board of Health, or of other bodies or tribunals having jurisdiction. c
0.
Attention is directed to Federal, state, and local laws, rules and regulations concerning
construction safety and health standards. The Contractor shall not require any worker to
work in surroundings or under conditions which are unsanitary, hazardous, or E
dangerous to his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY.The Contractor shall control his/her operations
and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the
traveling public. Under all circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular
traffic with respect to his/her own operations and those of his/her
subcontractors and all suppliers in accordance with the subsection titled
MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such
operations for the convenience and safety of the traveling public as specified in the subsection
titled LIMITATION OF OPERATIONS of Section 80 hereinafter.
GENERAL PROVISIONS III-36
Packet Pg.959
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The
Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for
hazards necessary to protect the public and the work. When used during periods of darkness,
such barricades, warning signs, and hazard markings shall be suitably illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain
barricades, warning signs, lights and other traffic control devices in reasonable
conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways
(published by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such area,
the Contractor shall furnish, erect, and maintain temporary markings and associated
lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings.
X
The Contractor shall furnish, erect, and maintain markings and associated lighting of open
trenches, excavations, temporary stockpiles, and his/her parked construction equipment that
may be hazardous to the operation of emergency fire-rescue or maintenance vehicles
on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports
During Construction.
The Contractor shall identify each motorized vehicle or piece of construction equipment in
reasonable conformance to AC 150/5370-2.
The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards
prior to commencing work which requires such erection and shall maintain the barricades,
warning signs, and markings for hazards until their dismantling is directed by the Engineer. �-
Open-flame type lights shall not be permitted within the air operations areas of the
airport.
70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the CL
Contractor may require shall be constructed and maintained at the Contractor's expense.
The Contractor shall not use runways, taxiways or other paved areas on the air
operations portions of the airport for access to and from the job site unless authorized by E
the Owner. No equipment or vehicles will be allowed on the air operations portions of the
airport except as authorized by the Owner.
Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or
equipment shall be repaired by the Contractor at no cost to the Owner.
From time to time when required, the Contractor shall move Contractor's vehicles or
equipment and men from along the edge of the runway/taxiway/apron to allow aircraft
operations on the pavement.
70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall exercise the utmost care not to endanger life
or property, including new work. The Contractor shall be responsible for all damage resulting
GENERAL PROVISIONS III-37
Packet Pg.960
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws and
ordinances, and all such storage places shall be clearly marked. Where no local laws or
ordinances apply, storage shall be provided satisfactory to the Engineer and, in general,
not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of
human occupancy.
The Contractor shall notify each property owner and public utility company having
structures or facilities in proximity to the site of the work of his/her intention to use
explosives. Such notice shall be given sufficiently in advance to enable them to take such
steps as they may deem necessary to protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of
the airport property.
70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The
Contractor shall be responsible for the preservation of all public and private property, and
shall protect carefully from disturbance or damage all land monuments and property markers
until the Engineer has witnessed or otherwise referenced their location and shall not move
them until directed.
The Contractor shall be responsible for all damage or injury to property of any
character, during the prosecution of the work, resulting from any act, omission, neglect, or
misconduct in his/her manner or method of executing the work, or at any time due to defective
work or materials, and said responsibility will not be released until the project shall have been >-
completed and accepted.
When or where any direct or indirect damage or injury is done to public or private
property by or on account of any act, omission, neglect, or misconduct in the execution of c
the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, 0.
at his/her own expense, such property to a condition similar or equal to that existing before
such damage or injury was done, by repairing, or otherwise restoring as may be directed, or
he shall make good such damage or injury in an acceptable manner.
70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and
save harmless the Engineer and the owner and their officers, and employees from all suits,
actions, or claims of any character brought because of any injuries (including death) or damage
received or sustained by any person, persons, or property on account of the operations of the
Contractor; or on account of or in consequence of any neglect in safeguarding the work; or
through use of unacceptable materials in constructing the work; or because of any act or
omission, neglect, or misconduct of said Contractor; or because of any claims or amounts
recovered from any infringements of patent, trademark, or copyright; or from any claims
or amounts arising or recovered under the "Workmen's Compensation Act," or any other law,
ordinance, order, or decree. Money due the Contractor under and by virtue of his/her
contract as may be considered necessary by the owner for such purpose may be retained
for the use of the owner or, in case no money is due, his/her surety may be held until such
suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have
GENERAL PROVISIONS III-38
Packet Pg.961
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
been settled and suitable evidence to that effect furnished to the owner, except that
money due the Contractor will not be withheld when the Contractor produces satisfactory
evidence that he is adequately protected by public liability and property damage insurance.
70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties
executing the contract that it is not intended by any of the provisions of any part of the contract
to create in the public or any member thereof a third party beneficiary or to authorize anyone
not a party to the contract to maintain a suit for personal injuries or property damage pursuant
to the terms or provisions of the contract.
70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for
the Contractor to complete portions of the contract work for the beneficial occupancy of the
owner prior to completion of the entire contract, such "phasing" of the work shall be specified
herein and indicated on the plans. When so specified, the Contractor shall complete such
portions of the work on or before the date specified or as otherwise specified. The
Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work
to permit such beneficial occupancy by the owner as described below: N/A e®
Phase or Description
Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on
Plan Sheet
Upon completion of any portion of the work listed above, such portion shall be accepted by
the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section
50. `V
No portion of the work may be opened by the Contractor for public use until ordered by the >-
Engineer in writing. Should it become necessary to open a portion of the work to public
traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion
of the Engineer, such portion of the work is in an acceptable condition to support the intended
traffic. Temporary or intermittent openings are considered to be inherent in the work and shall
not constitute either acceptance of the portion of the work so opened or a waiver of any
provision of the contract. Any damage to the portion of the work so opened that is not
attributable to traffic which is permitted by the owner shall be repaired by the Contractor at
his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in
completing the work under the conditions herein described and shall not claim any
added compensation by reason of delay or increased cost due to opening a portion of the
contract work.
70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final
written acceptance of the entire completed work, excepting only those portions of the work
accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section
50, the Contractor shall have the charge and care thereof and shall take every precaution
against injury or damage to any part due to the action of the elements or from any other
cause, whether arising from the execution or from the non-execution of the work. The
Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion
of the work occasioned by any of the above causes before final acceptance and shall bear the
GENERAL PROVISIONS III-39
Packet Pg.962
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
expense.
If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the
work and shall take such precautions necessary to prevent damage to the work. The
Contractor shall provide for normal drainage and shall erect necessary temporary structures,
signs, or other facilities at his/her expense. During such period of suspension of
work, the Contractor shall properly and continuously maintain in an acceptable growing
condition all living material in newly established planting, seeding, and sodding furnished
under his/her contract, and shall take adequate precautions to protect new tree growth and
other important vegetative growth against injury.
70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED
BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or
private utility service, FAA or NOAA, or a utility service of another government agency that
may be authorized by the owner to construct, reconstruct or maintain such utility services or
facilities during the progress of the work. In addition, the Contractor shall control his/her
operations to prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility
services of another governmental agency are known to exist within the limits of the
contract work, the approximate locations have been indicated on the plans and the owners are
indicated as follows: N/A
Utility Service or Facility
Person to Contact (Name, Title, Address, & Phone) Owner's >-
Emergency Contact (Phone) --
It is understood and agreed that the owner does not guarantee the accuracy or the
completeness of the location information relating to existing utility services, facilities, or
structures that may be shown on the plans or encountered in the work. Any inaccuracy or
omission in such information shall not relieve the Contractor of his/her responsibility to protect
such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the
contract, notify the owners of all utility services or other facilities of his/her plan of
operations. Such notification shall be in writing addressed to THE PERSON TO
CONTACT as provided hereinbefore in this subsection and the subsection titled
RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each
notification shall be given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the
responsibility of the Contractor to keep such individual owners advised of changes in his/her
plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or
facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in
the Contractor's opinion, the owner's assistance is needed to locate the utility service
GENERAL PROVISIONS III-40
Packet Pg.963
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
or facility or the presence of a representative of the owner is desirable to observe the
work, such advice should be included in the notification. Such notification shall be given by
the most expeditious means to reach the utility owner's PERSON TO CONTACT no later
than two normal business days prior to the Contractor's commencement of
operations in such general vicinity. The Contractor shall furnish a written summary of the
notification to the Engineer.
The Contractor's failure to give the two day's notice hereinabove provided shall be
cause for the Engineer to suspend the Contractor's operations in the general vicinity of a
utility service or facility.
Where the outside limits of an underground utility service have been located and staked on
the ground, the Contractor shall be required to use excavation methods acceptable to the
Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to
ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by
accident or otherwise, he shall immediately notify the proper authority and the Engineer and
shall take all reasonable measures to prevent further damage or interruption of service.
The Contractor, in such events, shall cooperate with the utility service or facility owner and the
Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service
or facility due to his/her operations whether or not due to negligence or accident. The contract `V
owner reserves the right to deduct such costs from any monies due or which may become >-
due the Contractor, or his/her surety. �--
70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all
rights-of-way upon which the work is to be constructed in advance of the Contractor's
operations.
70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the
contract provisions or in exercising any power or authority granted to him by this
contract, there shall be no liability upon the Engineer, his/her authorized
representatives, or any officials of the owner either personally or as an official of the
owner. It is understood that in such matters they act solely as agents and
representatives of the owner.
70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will
expeditiously make final inspection and notify the Contractor of final acceptance. Such final
acceptance, however, shall not preclude or stop the owner from correcting any measurement,
estimate, or certificate made before or after completion of the work, nor shall the owner be
precluded or stopped from recovering from the Contractor or his/her surety, or both, such
overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her
obligations under the contract. A waiver on the part of the owner of any breach of any part
of the contract shall not be held to be a waiver of any other or subsequent breach.
GENERAL PROVISIONS III-41
Packet Pg.964
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
The Contractor, without prejudice to the terms of the contract, shall be liable to the owner
for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the
owner's rights under any warranty or guaranty.
70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all
Federal, state, and local laws and regulations controlling pollution of the environment. He
shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs
with fuels, oils, bitumen, chemicals, or other harmful materials and to prevent pollution of the
atmosphere from particulate and gaseous matter.
In the event of conflict between Federal, State or local laws, codes, ordinances, rules and
regulations concerning pollution control, the most restrictive applicable ones shall apply. The
Contractor shall pay special attention to the pollution control requirements of the several
specifications. Work items which may cause excessive pollution and shall be closely
controlled by the Contractor are:
(a) Clearing, grubbing, burning or other disposal.
(b) Stripping, excavation, and embankment.
(c) Drainage and ditching.
(d) Aggregate production, handling and placing.
(e) Cement, lime or other stabilization.
(f) Concrete and bituminous materials handling, production, and paving.
(g) Seeding, fertilizing, mulching and use of herbicides or insecticides.
(h) Contractor's own housekeeping items; haul roads; sanitary facilities; water ,
supply; equipment fueling, servicing and cleaning; job clean up and disposal.
When the Contractor submits his tentative progress schedule in accordance with
PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the
Engineer, his schedules for accomplishment of temporary and permanent erosion control E
work, as are applicable for clearing, grading, structures at watercourses, construction,
and paving, and his proposed method of erosion control and methods of operations which shall
0.
be accepted by the Engineer.
All bituminous and Portland cement concrete proportioning plants shall meet state
requirements.
The following listed stipulations shall apply to this Contract unless more restrictive ones are
specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution
control shall be incidental to the appropriate work items unless otherwise specified.
(1) Control of Water Pollution and Siltation.
a. All work of water pollution and siltation control is subject to inspection by the
local and/or state government enforcing agent.
b. All applicable regulations of Fish and Wildlife agencies and statutes
relating to the prevention and abatement of pollution shall be complied with
in the performance of the Contract.
GENERAL PROVISIONS III-42
Packet Pg.965
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
C. Construction operations shall be conducted in such manner as to reduce
erosion to the practicable minimum and to prevent damaging siltation of
watercourses, streams, lakes or reservoirs. The surface area or erodible
land, either on or off the airport site, exposed to the elements by clearing,
grubbing or grading operations, including gravel pits, waste or disposal
areas and haul roads, at any one time, for this Contract, shall be subject to
approval of the Engineer and the duration of such exposure prior to final
trimming and finishing of the areas shall have full authority to order the
suspension of grading and other operations pending adequate and proper
performance of trimming, finishing and maintenance work or to restrict the area
of erodible land exposed to the elements.
d. Materials used for permanent erosion control measures shall meet the
requirements of the applicable Specifications. Gravel or stone, consisting of
durable particles of rock and containing only negligible quantities of fines,
shall be used for construction pads, haul roads and temporary roads in or across
streams.
e. Where called for on the Plans, a stilling basin shall be constructed to
prevent siltation in the stream from construction operations.
f. The disturbance of lands and waters that are outside the limits of
construction as staked is prohibited, except as found necessary and
approved by the Engineer.
cv
g. The Contractor shall conduct his work in such manner as to prevent the entry of
fuels, oils, bituminous materials, chemicals, sewage or other harmful W
materials into streams, rivers, lakes or reservoirs.
h. Water from aggregate washing or other operations containing sediment shall
be treated by filtration, by use of a settling basin or other means to reduce the
CL
sediment content to a level acceptable to the local and/or state governmental
enforcing agent.
i. All waterways shall be cleared as soon as practicable of false work, piling, debris
or other obstructions placed during construction operations and not a part of the
finished work. Care shall be taken during construction and removal of such
barriers to minimize the muddying of a stream.
j. The Contractor shall care for the temporary erosion and siltation control measures
during the period that the temporary measures are required and for the permanent
erosion control measures until the Contract has been completed and accepted.
Such care shall consist of the repair of areas damaged by erosion, wind, fire or
other causes.
k. Permanent and temporary erosion control work that is damaged due
to the Contractor's operations or where the work required is attributed to the
Contractor's negligence, carelessness or failure to install permanent
GENERAL PROVISIONS III-43
Packet Pg.966
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
controls at the proper time, shall be repaired at the Contractor's expense.
(2) Open Burning of Combustible Wastes.
a. The Contractor shall obtain a burning permit from local authorities, where
applicable, prior to any burning.
b. All burning shall conform to the conditions of the permit, except that the
conditions herein shall apply if they are more restrictive.
C.
No tires, oils (except atomize fuels applied by approved equipment),
asphalt, paint, or coated metals shall be permitted in combustible waste
piles.
d. Burning will not be permitted within 1,000 feet of a residential or built-up area
nor within 100 feet of any standing timber or flammable growth unless
otherwise specified.
e. Burning shall not be permitted unless the prevailing wind is away from a
nearby town or built-up area.
f. Burning shall not be permitted during a local air inversion or other climatic
condition as would result in a pall of smoke over a nearby town or built-up area.
g. Burning shall not be permitted when the danger of brush of forest fires is
made known by Federal, State, or local officials.
h. The size and number of fires shall be restricted to avoid the danger or
brush or forest fires. Burning shall be done under surveillance of a E
watchman who shall have fire-fighting equipment and tools readily
available.
CL
(3) Control of Other air Pollutants.
a. Minimum possible areas of open grading, borrow or aggregate excavation
shall be exposed at one time, consistent with the progress of the Work.
b. Grading areas shall be kept at proper moisture conditions.
C. Sand or dust blows shall be temporarily mulched, with or without seeding, or
otherwise controlled with stabilizing agents.
d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust
palliative, penetration asphalt, wood chips, or other approved
measures to prevent dust pollution.
e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper
GENERAL PROVISIONS III-44
Packet Pg.967
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
containers or with proper coverings to prevent accidental discharge into the
air.
f. Aggregates bins, cement bins, and dry material batch trucks shall be
properly covered to prevent loss of material to the air.
g. Drilling, grinding and sand blasting apparatus shall be equipped with
water, chemical, or vacuum dust controlling systems.
h. Applications of chemicals and bitumens shall be held to recommended
rates.
I. Bituminous mixing plants shall be equipped with dust collectors as noted
in the Specifications.
j. Quarrying, batching, and mixing operations and the transfer of material
between trucks, bins, or stockpiles shall be properly controlled to minimize dust
diffusion.
k. When necessary, certain operations shall be delayed until proper wind or
climatic conditions exist to dissipate or inhibit potential pollutants to the
satisfaction of the Engineer.
70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise `V
specified in this subsection, the Contractor is advised that the site of the work is not within >-
any property, district, or site, and does not contain any building, structure, or object listed �-
in the current National Register of Historic Places published by the United States Department
of Interior.
Should the Contractor encounter, during his/her operations, any building, part of a
building, structure, or object which is incongruous with its surroundings, he shall
immediately cease operations in that location and notify the Engineer. The Engineer will
immediately investigate the Contractor's finding and will direct the Contractor to either
resume his/her operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an
archaeological or historical finding, or order the Contractor to perform extra work, such
shall be covered by an appropriate contract modification (change order or
supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40
and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of
Section 90. If appropriate, the contract modification shall include an extension of
contract time in accordance with the subsection titled DETERMINATION AND EXTENSION
OF CONTRACT TIME of Section 80.
70-22 INSURANCE. The Contractor shall not commence work under this Contract until he
has obtained and provided insurance of the character specified in the special
provisions which will provide adequate protection to the Owner and the Contractor
against all liabilities, damages and accidents, nor shall he commence work until such
insurance has been approved by the Owner. Neither approval by the Owner, nor a failure
GENERAL PROVISIONS III-45
Packet Pg.968
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
to disapprove insurance furnished by a Contractor shall release the Contractor of full
responsibility for liability, damages and accidents as set forth herein. The Contractor shall
maintain such required insurance in force during the life of this Contract, and no modification
or change in insurance coverage and provisions shall be made without thirty (30) days
written advance notice to the Owner.
The Contractor shall furnish certificates of insurance to the Owner prior to commencing any
operations under this Contract, which certificates shall clearly indicate that the Contractor
has obtained insurance, in this type, amount and classification, in strict compliance with this
subsection.
70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this
Contract and shall be made a condition of all Sub-contract entered into pursuant to this
Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly,
one copy of the Summary of Wage Rates.
END OF SECTION 70
cv
2
0
GENERAL PROVISIONS III-46
Packet Pg.969
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 80
PROSECUTION AND PROGRESS
80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on
the work. The Contractor shall at all times when work is in progress be represented either in
person, by a qualified superintendent, or by other designated, qualified representative
who is duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be
concurred in by the surety, shall be presented for the consideration and approval of the owner,
and shall be consummated only on the written approval of the owner. In case of approval, the
Contractor shall file copies of all subcontracts with the Engineer.
80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and
prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the
"Notice to Proceed" date, to establish procedures for handling shop drawings and other
submissions and for processing applications for payment, and to establish a U)
working understanding between the parties as to the project.
80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is
expected the Contractor will begin the construction and from which date contract time will
be charged. The Contractor shall begin the work to be performed under the contract within 10
days of the date set by the Engineer in the written notice to proceed, but in any event, the
Contractor shall notify the Engineer at least 24 hours in advance of the time actual
construction operations will begin.
80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall
submit his/her progress schedule for the Engineer's approval within 10 days after the
effective date of the notice to proceed. The Contractor's progress schedule, when approved
by the Engineer, may be used to establish major construction operations and to check on the
progress of the work. The Contractor shall provide sufficient materials, equipment, and labor
to guarantee the completion of the project in accordance with the plans and specifications
within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon
the Engineer's request, submit a revised schedule for completion of the work within the
contract time and modify his/her operations to provide such additional materials,
equipment, and labor necessary to meet the revised schedule. Should the prosecution of the
work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours
in advance of resuming operations.
For AIP contracts, the Contractor shall not commence any actual construction prior to the
date on which the notice to proceed is issued by the owner.
80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and
GENERAL PROVISIONS III-47
Packet Pg.970
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
the operations of his/her subcontractors and all suppliers so as to provide for the free and
unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport.
When the work requires the Contractor to conduct his/her operations within an AIR
OPERATIONS AREA of the airport, the work shall be coordinated with airport
management (through the Engineer) at least 48 hours prior to commencement of such work.
The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the
Engineer and until the necessary temporary marking and associated lighting is in place as
provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD
MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS AREA
of the airport on an intermittent basis (intermittent opening and closing of the AIR
OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter
specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA;
immediately obey all instructions to resume work in such AIR OPERATIONS AREA.
Failure to maintain the specified communications or to obey instructions shall be cause for
suspension of the Contractor's operations in the AIR OPERATIONS AREA until the
satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be
closed to operating aircraft to permit the Contractor's operations on a continuous basis and U)
will therefore be closed to aircraft operations intermittently as follows:
AOA
TIME PERIODS AOA CAN BE CLOSED
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA `V
CONTROL AUTHORITY �-
N/A
2
80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall,
at all times, employ sufficient labor and equipment for prosecuting the work to full completion
in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work
assigned to them. Workers engaged in special work or skilled work shall have sufficient
experience in such work and in the operation of the equipment required to perform the work
satisfactorily.
All equipment which is proposed to be used on the work shall be of sufficient size and in such
mechanical condition as to meet the requirements of the work and to produce a satisfactory
quality of work. Equipment used on any portion of the work shall be such that no injury to
previously completed work, adjacent property, or existing airport facilities will result from
its use.
GENERAL PROVISIONS III-48
Packet Pg.971
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
When the methods and equipment to be used by the Contractor in accomplishing the work
are not prescribed in the contract, the Contractor is free to use any methods or equipment
that will accomplish the work in conformity with the requirements of the contract, plans,
and specifications.
When the contract specifies the use of certain methods and equipment, such methods and
equipment shall be used unless others are authorized by the Engineer. If the Contractor
desires to use a method or type of equipment other than specified in the contract, he may
request authority from the Engineer to do so. The request shall be in writing and shall include
a full description of the methods and equipment proposed and of the reasons for desiring to
make the change. If approval is given, it will be on the condition that the Contractor will be
fully responsible for producing work in conformity with contract requirements. If, after trial
use of the substituted methods or equipment, the Engineer determines that the work
produced does not meet contract requirements, the Contractor shall discontinue the use of the
substitute method or equipment and shall complete the remaining work with the
specified methods and equipment. The Contractor shall remove any deficient work and
replace it with work of specified quality, or take such other corrective action as the Engineer
may direct. No change will be made in basis of payment for the contract items involved nor
in contract time as a result of authorizing a change in methods or equipment under this
subsection.
80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the
authority to suspend the work wholly, or in part, for such period or periods as he may deem
necessary, due to unsuitable weather, or such other conditions as are considered unfavorable
for the prosecution of the work, or for such time as is necessary due to the failure on the part `V
of the Contractor to carry out orders given or perform any or all provisions of the contract. >-
In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for
some unforeseen cause not otherwise provided for in the contract and over which the
Contractor has no control, the Contractor may be reimbursed for actual money expended
on the work during the period of shutdown. No allowance will be made for anticipated profits. CL
The period of shutdown shall be computed from the effective date of the Engineer's order to
suspend work to the effective date of the Engineer's order to resume the work. Claims for such
compensation shall be filed with the Engineer within the time period stated in the Engineer's
order to resume work. The Contractor shall submit with his/her claim information
substantiating the amount shown on the claim. The Engineer will forward the
Contractor's claim to the owner for consideration in accordance with local laws or
ordinances. No provision of this article shall be construed as entitling the Contractor to
compensation for delays due to inclement weather, for suspensions made at the request of
the Contractor, or for any other delay provided for in the contract, plans, or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor shall
store all materials in such manner that they will not become an obstruction nor become
damaged in any way. He shall take every precaution to prevent damage or
GENERAL PROVISIONS III-49
Packet Pg.972
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
deterioration of the work performed and provide for normal drainage of the work. The
Contractor shall erect temporary structures where necessary to provide for traffic on, to, or
from the airport.
80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar
or working days allowed for completion of the work shall be stated in the proposal and
contract and shall be known as the CONTRACT TIME.
Should the contract time require extension for reasons beyond the Contractor's control, it
shall be adjusted as follows:
A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer.
The Engineer will furnish the Contractor a copy of his/her weekly statement of
the number of working days charged against the contract time during the week
and the number of working days currently specified for completion of the
contract (the original contract time plus the number of working days, if any, that have
been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS
covering EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time charged on the
following considerations:
1 ) No time shall be charged for days on which the Contractor is
unable to proceed with the principal item of work under construction at n,
the time for at least 6 hours with the normal work force employed on
such principal item. Should the normal work force be on a double-shift,
12 hours shall be used. Should the normal work force be on a triple-
shift, 18 hours shall apply. Conditions beyond the Contractor's control
such as strikes, lockouts, unusual delays in transportation, temporary
suspension of the principal item of work under construction or c
temporary suspension of the entire work which have been ordered 0.
by the Engineer for reasons not the fault of the Contractor, shall not be
charged against the contract time.
2) The Engineer will not make charges against the contract time prior to
the effective date of the notice to proceed.
3) The Engineer will begin charges against the contract time on the
first working day after the effective date of the notice to proceed.
4) The Engineer will not make charges against the contract time after the
date of final acceptance as defined in the subsection titled FINAL
ACCEPTANCE of Section 50.
5) The Contractor will be allowed 1 week in which to file a written
protest setting forth his/her objections to the Engineer's weekly
GENERAL PROVISIONS III-50
Packet Pg.973
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
statement. If no objection is filed within such specified time, the
weekly statement shall be considered as acceptable to the
Contractor.
The contract time (stated in the proposal) is based on the originally estimated
quantities as described in the subsection titled INTERPRETATION OF
ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory
completion of the contract require performance of work in greater quantities than those
estimated in the proposal, the contract time shall be increased in the same proportion
as the cost of the actually completed quantities bears to the cost of the originally
estimated quantities in the proposal. Such increase in contract time shall not
consider either the cost of work or the extension of contract time that has been
covered by change order or supplemental agreement and shall be made at the
time of final payment.
B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar
days stated in the contract counting from the effective date of the notice to proceed
and including all Saturdays, Sundays, holidays, and nonwork days. All calendar
days elapsing between the effective dates of the Engineer's orders to suspend and
resume all work, due to causes not the fault of the Contractor, shall be excluded.
At the time of final payment, the contract time shall be increased in the same proportion
as the cost of the actually completed quantities bears to the cost of the originally
estimated quantities in the proposal. Such increase in the contract time shall not
consider either cost of work or the extension of contract time that has been covered
by a change order or supplemental agreement. Charges against the contract time >-
will cease as of the date of final acceptance.
C. When the contract time is a specified completion date, it shall be the date on
which all contract work shall be substantially completed. c
0.
If the Contractor finds it impossible for reasons beyond his/her control to
complete the work within the contract time as specified, or as extended in
accordance with the provisions of this subsection, he may, at any time prior to the E
expiration of the contract time as extended, make a written request to the Engineer for
an extension of time setting forth the reasons which he believes will justify the granting
of his/her request. The Contractor's plea that insufficient time was specified is not a
valid reason for extension of time. If the Engineer finds that the work was delayed
because of conditions beyond the control and without the fault of the Contractor, he
may extend the time for completion in such amount as the conditions justify. The
extended time for completion shall then be in full force and effect, the same as
though it were the original time for completion.
80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as
specified in the contract, that any work remains uncompleted after the contract time
GENERAL PROVISIONS III-51
Packet Pg.974
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
(including all extensions and adjustments as provided in the subsection titled
DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified
in the contract and proposal as liquidated damages will be deducted from any money due or
to become due the Contractor or his/her surety. Such deducted sums shall not be
deducted as a penalty but shall be considered as liquidation of a reasonable portion
of damages that will be incurred by the owner should the Contractor fail to complete the work
in the time provided in his/her contract.
Permitting the Contractor to continue and finish the work or any part of it after the time fixed
for its completion, or after the date to which the time for completion may have been
extended, will in no way operate as a wavier on the part of the owner of any of its rights under
the contract.
80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be
considered in default of his/her contract and such default will be considered as cause for
the owner to terminate the contract for any of the following reasons if the Contractor:
A. Fails to begin the work under the contract within the time specified in the
"Notice to Proceed," or
B. Fails to perform the work or fails to provide sufficient workers, equipment or
materials to assure completion of work in accordance with the terms of the
contract, or
N
C. Performs the work unsuitably or neglects or refuses to remove materials or
to perform anew such work as may be rejected as unacceptable and W
unsuitable, or
D. Discontinues the prosecution of the work, or
E. Fails to resume work which has been discontinued within a reasonable
time after notice to do so, or
F. Becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy or insolvency, or
G. Allows any final judgment to stand against him unsatisfied for a period of 10
days, or
H. Makes an assignment for the benefit of creditors, or
I. For any other cause whatsoever, fails to carry on the work in an
acceptable manner.
Should the Engineer consider the Contractor in default of the contract for any reason
hereinbefore, he shall immediately give written notice to the Contractor and the
GENERAL PROVISIONS III-52
Packet Pg.975
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractor's surety as to the reasons for considering the Contractor in default and the
owner's intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not
proceed in accordance therewith, then the owner will, upon written notification from the
Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply
with such notice, have full power and authority without violating the contract, to take the
prosecution of the work out of the hands of the Contractor. The owner may appropriate or use
any or all materials and equipment that have been mobilized for use in the work and are
acceptable and may enter into an agreement for the completion of said contract according to
the terms and provisions thereof, or use such other methods as in the opinion of the Engineer
will be required for the completion of said contract in an acceptable manner.
All costs and charges incurred by the owner, together with the cost of completing the work
under contract, will be deducted from any monies due or which may become due the
Contractor. If such expense exceeds the sum which would have been payable under
the contract, then the Contractor and the surety shall be liable and shall pay to the owner
the amount of such excess.
80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the e®
contract or portion thereof by written notice when the Contractor is prevented from proceeding
with the construction contract as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense.
cv
When the contract, or any portion thereof, is terminated before completion of all items of work
in the contract, payment will be made for the actual number of units or items of work
completed at the contract price or as mutually agreed for items of work partially completed or
not started. No claims or loss of anticipated profits shall be considered.
2
Reimbursement for organization of the work, and other overhead expenses, (when not c
otherwise included in the contract) and moving equipment and materials to and from the job 0.
will be considered, the intent being that an equitable settlement will be made with the
Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not
incorporated in the work shall, at the option of the Contractor, be purchased from the
Contractor at actual cost as shown by receipted bills and actual cost records at such points of
delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall neither relieve the Contractor of
his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation
for and concerning any just claim arising out of the work performed.
END OF SECTION 80
GENERAL PROVISIONS III-53
Packet Pg.976
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
GENERAL PROVISIONS III-54
Packet Pg.977
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 9 0
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be
measured by the Engineer, or his/her authorized representatives, using United States
Customary Units of Measurement or the International System of Units.
The method of measurement and computations to be used in determination of
quantities of material furnished and of work performed under the contract will be those methods
generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made
horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an
area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse
measurements for area computations will be the neat dimensions shown on the plans or
ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit
field conditions.
Unless otherwise specified, all contract items which are measured by the linear foot such ,
as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured
parallel to the base or foundation upon which such items are placed.
In computing volumes of excavation the average end area method or other acceptable
methods will be used.
2
0
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal CL
pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and
measured in decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms)
avoirdupois. All materials which are measured or proportioned by weights shall be
weighed on accurate, approved scales by competent, qualified personnel at locations designed
by the Engineer. If material is shipped by rail, the car weight may be accepted provided that
only the actual weight of material be paid for. However, car weights will not be acceptable
for material to be passed through mixing plants. Trucks used to haul material being paid for
by weight shall be weighed empty daily at such times as the Engineer directs, and each
truck shall bear a plainly legible identification mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved
vehicles and measured therein at the point of delivery. Vehicles for this purpose may be
of any size or type acceptable to the Engineer, provided that the body is of such shape
that the actual contents may be readily and accurately determined. All vehicles
GENERAL PROVISIONS III-55
Packet Pg.978
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
shall be loaded to at least their water level capacity, and all loads shall be leveled when the
vehicles arrive at the point of delivery.
When requested by the Contractor and approved by the Engineer in writing, material specified
to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be
converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from
weight measurement to volume measurement will be determined by the Engineer and shall
be agreed to by the Contractor before such method of measurement of pay quantities
is used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured
by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at
60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars.
X
Net certified scale weights orweights based on certified volumes in the case of rail shipments
will be used as a basis of measurement, subject to correction when bituminous
material has been lost from the car or the distributor, wasted, or otherwise not incorporated
in the work.
When bituminous materials are shipped by truck or transport, net certified weights by e®
volume, subject to correction for loss or foaming, may be used for computing quantities.
Cement will be measured by the ton (kilogram) or hundredweight (kilogram).
cv
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually
incorporated in the structure. Measurement will be based on nominal widths and
thicknesses and the extreme length of each piece.
The term "lump sum" when used as an item of payment will mean complete payment for
the work described in the contract. c
CL
When a complete structure or structural unit (in effect, "lump sum" work) is specified as the
unit of measurement, the unit will be construed to include all necessary fittings and
accessories.
Rental of equipment will be measured by time in hours of actual working time and
necessary traveling time of the equipment within the limits of the work. Special
equipment ordered by the Engineer in connection with force account work will be
measured as agreed in the change order or supplemental agreement authorizing such force
account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE
ACCOUNT WORK of this section.
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
GENERAL PROVISIONS III-56
Packet Pg.979
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
manufacturing tolerances established by the industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and paid
for by weight shall be furnished, erected, and maintained by the Contractor, or be certified
permanently installed commercial scales.
Scales shall be accurate within one-half percent of the correct weight throughout the range
of use. The Contractor shall have the scales checked under the observation of the
inspector before beginning work and at such other times as requested. The intervals
shall be uniform in spacing throughout the graduated or marked length of the beam or dial and
shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not
less than 1 pound (454 grams). The use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the
operator and the inspector can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for
testing the weighing equipment or suitable weights and devices for other approved equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform scales
shall be installed and maintained with the platform level and rigid bulkheads at each end.
Scales "overweighing" (indicating more than correct weight) will not be permitted to operate,
and all materials received subsequent to the last previous correct weighting-accuracy test will n,
be reduced by the percentage of error in excess of one-half of 1 percent.
In the event inspection reveals the scales have been "underweighing" (indicating less than
correct weight), they shall be adjusted, and no additional payment to the Contractor
will be allowed for materials previously weighed and recorded.
0
All costs in connection with furnishing, installing, certifying, testing, and maintaining CL
scales; for furnishing check weights and scale house; and for all other items specified in this
subsection, for the weighing of materials for proportioning or payment, shall be included
in the unit contract prices for the various items of the project. E
When the estimated quantities for a specific portion of the work are designated as the pay
quantities in the contract, they shall be the final quantities for which payment for such
specific portion of the work will be made, unless the dimensions of said portions of the work
shown on the plans are revised by the Engineer. If revised dimensions result in an increase
or decrease in the quantities of such work, the final quantities for payment will be
revised in the amount represented by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation
provided for in the contract as full payment for furnishing all materials, for performing all work
under the contract in a complete and acceptable manner, and for all risk, loss, damage, or
expense of whatever character arising out of the nature of the work or the prosecution thereof,
subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section
GENERAL PROVISIONS III-57
Packet Pg.980
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
70.
When the"basis of payment" subsection of a technical specification requires that the contract
price (price bid) include compensation for certain work or material essential to the item, this
same work or material will not also be measured for payment under any other contract
item which may appear elsewhere in the contract, plans, or specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted
quantities of work vary from the quantities in the proposal, the Contractor shall accept as
payment in full, so far as contract items are concerned, payment at the original contract
price for the accepted quantities of work actually completed and accepted. No allowance,
except as provided for in the subsection titled ALTERATION OF WORK AND
QUANTITIES of Section 40 will be made for any increased expense, loss of expected
reimbursement, or loss of anticipated profits suffered or claimed by the Contractor
which results directly from such alterations or indirectly from his/her unbalanced
allocation of overhead and profit among the contract items, or from any other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled
OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work(order
nonperformance) any contract item, except major contract items, in the best interest of
the owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such item
from the work, the Contractor shall accept payment in full at the contract prices for any work
actually completed and acceptable prior to the Engineer's order to omit or non-perform such `V
contract item. r
Acceptable materials ordered by the Contractor or delivered on the work prior to the date
of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon
become the property of the owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be
reimbursed for all actual costs incurred for the purpose of performing the omitted
contract item prior to the date of the Engineer's order. Such additional costs incurred by the
Contractor must be directly related to the deleted contract item and shall be supported
by certified statements by the Contractor as to the nature of the amount of such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work,
performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid
for at the contract prices or agreed prices specified in the change order or
supplemental agreement authorizing the extra work. When the change order or
supplemental agreement authorizing the extra work requires that it be done by force account,
such force account shall be measured and paid for based on expended labor, equipment, and
materials plus a negotiated and agreed upon allowance for overhead and profit.
A. Miscellaneous. No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no
specific allowance is herein provided.
GENERAL PROVISIONS III-58
Packet Pg.981
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
B. Comparison of Record. The Contractor and the Engineer shall compare
records of the cost of force account work at the end of each day.
Agreement shall be indicated by signature of the Contractor and the
Engineer or their duly authorized representatives.
C. Statement. No payment will be made for work performed on a force
account basis until the Contractor has furnished the Engineer with
duplicate itemized statements of the cost of such force account work
detailed as follows:
1 ) Name, classification, date, daily hours, total hours, rate and
extension for each laborer and foreman.
2) Designation, dates, daily hours, total hours, rental rate, and
extension for each unit of machinery and equipment.
3) Quantities of materials, prices, and extensions.
4) Transportation of materials.
5) Cost of property damage, liability and workman's compensation
insurance premiums, unemployment insurance contributions, and
social security tax. ,
cv
Statements shall be accompanied and supported by a receipted invoice for all materials used >-
and transportation charges. However, if materials used on the force account work are not �--
specifically purchased for such work but are taken from the Contractor's stock, then in lieu of
the invoices the Contractor shall furnish an affidavit certifying that such materials were taken
from his/her stock, that the quantity claimed was actually used, and that the price and
transportation claimed represent the actual cost to the Contractor.
CL
90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the
work progresses. Said payments will be based upon estimates prepared by the Engineer of
the value of the work performed and materials complete in place in accordance with
the contract, plans, and specifications. Such partial payments may also include the
delivered actual cost of those materials stockpiled and stored in accordance with the
subsection titled PAYMENT FOR MATERIALS ON HAND of this section.
No partial payment will be made when the amount due the Contractor since the last estimate
amounts to less than five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent of
such total amount will be deducted and retained by the owner until the final payment is made,
except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF
WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less
all previous payments, shall be certified for payment. Should the Contractor exercise his/her
option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section,
GENERAL PROVISIONS III-59
Packet Pg.982
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
no such 10 percent retainage shall be deducted.
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 Contractor 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.
It is understood and agreed that the Contractor shall not be entitled to demand or
receive partial payment based on quantities of work in excess of those provided in the proposal
or covered by approved change orders or supplemental agreements, except when such
excess quantities have been determined by the Engineer to be a part of the final quantity for
the item of work in question.
No partial payment shall bind the owner to the acceptance of any materials or work in place
as to quality or quantity. All partial payments are subject to correction at the time of final
payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT
of this section.
cv
90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent >-
of the delivered cost of materials to be incorporated in the work, provided that such �--
materials meet the requirements of the contract, plans, and specifications and are delivered
to acceptable sites on the airport property or at other sites in the vicinity that are acceptable
to the owner. Such delivered costs of stored or stockpiled materials may be included in the
next partial payment after the following conditions are met:
A. The material has been stored or stockpiled in a manner acceptable to the
Engineer at or on an approved site.
B. The Contractor has furnished the Engineer with acceptable evidence of
the quantity and quality of such stored or stockpiled materials.
C. The Contractor has furnished the Engineer with satisfactory evidence that the
material and transportation costs have been paid.
D. The Contractor has furnished the owner legal title (free of liens or
encumbrances of any kind) to the material so stored or stockpiled.
E. The Contractor has furnished the owner evidence that the material so
stored or stockpiled is insured against loss by damage to or
disappearance of such materials at any time prior to use in the work.
GENERAL PROVISIONS III-60
Packet Pg.983
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
It is understood and agreed that the transfer of title and the owner's payment for such stored
or stockpiled materials shall in no way relieve the Contractor of his/her
responsibility for furnishing and placing such materials in accordance with the
requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price
for such materials or the contract price for the contract item in which the material is intended
to be used.
No partial payment will be made for stored or stockpiled living or perishable plant
materials.
The Contractor shall bear all costs associated with the partial payment of stored or
stockpiled materials in accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may
request that the owner accept(in lieu of the 10 percent retainage on partial payments described
in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in
escrow under the following conditions.
A. The Contractor shall bear all expenses of establishing and maintaining an
escrow account and escrow agreement acceptable to the owner.
B. The Contractor shall deposit to and maintain in such escrow only those n,
securities or bank certificates of deposit as are acceptable to the owner and
having a value not less than the 10 percent retainage that would otherwise
be withheld from partial payment.
C. The Contractor shall enter into an escrow agreement satisfactory to the
owner.
0.
D. The Contractor shall obtain the written consent of the surety to such
agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been
accepted in accordance with the requirements of the subsection titled FINAL
ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work
actually performed. The Contractor shall approve the Engineer's final estimate or advise the
Engineer of his/her objections to the final estimate which are based on disputes in
measurements or computations of the final quantities to be paid under the contract as
amended by change order or supplemental agreement. The Contractor and the Engineer shall
resolve all disputes (if any) in the measurement and computation of final quantities to be
paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate.
If, after such 30-day period, a dispute still exists, the Contractor may approve the
Engineer's estimate under protest of the quantities in dispute, and such disputed
quantities shall be considered by the owner as a claim in accordance with the subsection titled
CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.
GENERAL PROVISIONS III-61
Packet Pg.984
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
After the Contractor has approved, or approved under protest, the Engineer's final
estimate, final payment will be processed based on the entire sum, or the undisputed sum
in case of approval under protest, determined to be due the Contractor less all previous
payments and all amounts to be deducted under the provisions of the contract. All prior partial
estimates and payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of the
subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the
provisions of this subsection, such claims will be considered by the owner in accordance with
local laws or ordinances. Upon final adjudication of such claims, any additional payment
determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
END OF SECTION 90
cv
2
0
CL
GENERAL PROVISIONS III-62
Packet Pg.985
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
S E C T I O N 1 0 0
NUCLEAR GAUGES
100-01 TESTING. When the specifications provide for nuclear gauge acceptance
testing of material for Items P-152, and P-211, the testing shall be performed in accordance
with this section. At each sampling location, the field density shall be determined in accordance
with ASTM D 2922 using the Direct Transmission Method. The nuclear gauge shall be
calibrated in accordance with Annex Al. Calibration and operation of the gauge shall be in
accordance with the requirements of the manufacturer. The operator of the nuclear gauge must _
show evidence of training and experience in the use of the instrument. The gauge shall be
standardized daily in accordance with ASTM D 2922, paragraph 8.
X
Use of ASTM D 2922 results in a wet unit weight, and when using this method, ASTM D 3017
shall be used to determine the moisture content of the material. The moisture gage shall be
standardized daily in accordance with ASTM D 3017, paragraph 7.
The material shall be accepted on a lot basis. Each Lot shall be divided into eight(8) sublots
when ASTM D 2922 is used. U)
100-02. When PWL concepts are incorporated, compaction shall continue until a PWL of 90
percent or more is achieved using the lower specification tolerance limits (L) below.
The percentage of material within specification limits (PWL) shall be determined in `V
accordance with the procedures specified in Section 110 of the General Provisions. �-
The lower specification tolerance limit (L) for density shall be:
2
0
Specification Item Specification Tolerance (L) for Density, (percent of
Number laboratory maximum)
Item P-152 90.5 for cohesive material, 95.5 for non-cohesive
95.5
If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the
Contractor at the Contractor's expense. After reworking and recompaction, the lot shall be
resampled and retested. Retest results for the lot shall be reevaluated for acceptance. This
procedure shall continue until the PWL is 90 percent or greater.
GENERAL PROVISIONS III-63
Packet Pg.986
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
100-03 VERIFICATION TESTING. (For Items P-152 only.) The Engineer will verify the
maximum laboratory density of material placed in the field for each lot. A minimum of one test
will be made for each lot of material at the site. The verification process will consist of; (1)
compacting the material and determining the dry density and moisture-density in accordance
with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for
aircraft gross weights 60,000 pounds or more], and (2) comparing the result with the laboratory
moisture-density curves for the material being placed. This verification process is
commonly referred to as a "one-point Proctor". If the material does not conform to the
existing moisture-density curves, the Engineer will establish the laboratory maximum density
and optimum moisture content for the material in accordance with [ASTM D 698 for aircraft
gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 _
pounds or more].
Additional verification tests will be made, if necessary, to properly classify all materials
placed in the lot.
The percent compaction of each sampling location will be determined by dividing the field
density of each sublot by the laboratory maximum density for the lot.
END OF SECTION 100
cv
2
0
CL
GENERAL PROVISIONS III-64
Packet Pg.987
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 110
SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational Safety and Health Act
of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety
Standards Act (PL91-54).
The Contractor alone shall be responsible for the safety, efficiency and adequacy of his
plant, appliances and methods of construction and for any damages which may result
from their failure or their improper construction, maintenance or operations.
The Contractor will be required to comply with the latest edition of Advisory Circular No.
150/5370-2E "Operational Safety on Airports During Construction". In addition, the
Contractor will be required to comply with all Safety and Security Requirements stipulated
in the Contractor's Safety and Security Requirements stated on Plans.
END OF SECTION 110
cv
2
0
GENERAL PROVISIONS III-65
Packet Pg.988
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
GENERAL PROVISIONS III-66
Packet Pg.989
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 120
GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND
SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging
of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in the attached schedules, which are made part of this contract.
The Contractor will also ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative, the Contractor may
require all subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in the
commencement of work resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the Contractor's failure
to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required `V
insurance has been reinstated or replaced. Delays in the completion of the work >-
resulting from the failure of the Contractor to maintain the required insurance shall not ~�
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
Contractor's failure to maintain the required insurance.
The Contractor shall 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 Contractor's insurance shall not be construed
as relieving the Contractor from any liability or obligation assumed under this contract
or imposed by Iaw.The Monroe County Board of County Commissioners, its employees
and officials will be included as "Additional Insured" on all policies, except for Workers'
GENERAL PROVISIONS III-67
Packet Pg.990
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all
policies covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and" approved by Monroe County's Risk Manager.
To assist in the development of your proposal, the insurance coverage marked with an
"X"will be required in the event an award is made to your firm. Please review this form _
with your insurance agent and have him sign it in the place provided. It is also required
that the bidders sign the form and submit it with each proposal.
X
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
Workers' Compensation DWLRC Statutory Limits
WC1 Employer's Liability ELOLW\ $100,000/$500,000/$100,000
WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000
WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000
WCUSLH U.S. Longshoremen & Harbor
Workers Act Same as Employer's Liability
WCJA Federal Jones Act Same as Employer's Liability
GENERAL LIABILITY
0
As a minimum, the required general liability coverage will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual -
Personal injury- -Expanded Definition of
Property Damage
GENERAL PROVISIONS III-68
Packet Pg.991
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Required Limits:
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
$ 500,000/person; $1,000,000/occurrence
GL3 X $ 100,000 property damage or
$1,000,000 combined single limit
GL4 $5,000,000 combined single limited
Required Endorsement:
GLXCU Underground, Explosion & Collapse (XCU)
GLLIQ Liquor Liability
cv
All endorsements are required to have the same limits as the basic policy. �-
VEHICLE LIABILITY
2
0
As a minimum, coverage should extend to liability for:
0.
- Owned, Non-owned and hired vehicles
Required Limits:
VLI $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
VL2 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 X $ 500,000/person; $1,000,000/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
VL4 $5,000,000 combined single limit
GENERAL PROVISIONS III-69
Packet Pg.992
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
MISCELLANEOUS COVERAGES
BR1 Builders' Risk Limits Equal to the risk completed project
Equal to the max. value of any one
MVC Motor Truck Caro Limits shipment
PR01 Professional Liability $250,000/occurrence
PR02 $500,000/occurrence
P R03 $1,000,000/occurrence
P01-1 Pollution Liability $500,000/occurrence
P01-2 $1,000,000/occurrence
P01-3 $5,000,000/occurrence
ED1 Employee $10,000
ED2 Dishonesty $100,000
GK1 Garage $300,000 $25,000/vehicle
GK2 Keepers $500,000 $100,000/vehicle
GK3 $1,000,000 $250,000/vehicle
MED1 Medical $500,000/$1,000,000 Agg.
•ED2 I Professional $1,000,000/$3,000,000 Agg. `V
•ED3 $5,000,000/$10,000,000 Agg.
IF Installation Floater Max. Value of Equip. Installed
VLP1 Hazardous $300,000 (Requires MCS-90
0
VLP2 Caro $500,000 (Requires MCS-90
CL
VLP3 Transporter $1,000,000 (Requires MCS-90
BLL I Bailee Liability Max. value of property
HKL1 Hangar keepers' Liability $300,000
HKL2 $500,000
H KL3 $1,000,000
AIR1 I Aircraft Liability $25,000,000
Al R2 $1,000,000
Al R3 $1,000,000
AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg.
AE02 $500,000/occurrence/$1,000,000 Agg.
AE03 $1,000,000/occurrence/$3,000,000 A
GENERAL PROVISIONS III-70
Packet Pg.993
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy:
POLICY DEDUCTIBLES
X
Liability policies are:
❑ Occurrence ❑ Claims Made
Insurance Agency Signature U)
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will
comply in full with all the requirements.
Bidder Signature
GENERAL PROVISIONS III-71
Packet Pg.994
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
WORKERS ' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
AND
X
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers'Compensation Insurance, with limits sufficient to respond to the applicable state's statutes.
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$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
cv
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V1 as
assigned by the A.M. Best Company.
0
If the Contractor has been approved by the Florida Department of Labor as an authorized
self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be;
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition,the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
GENERAL PROVISIONS III-72
Packet Pg.995
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
GEN ERAL LIABI LIT Y
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
AND
X
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
- Premises Operations
- Products and Completed Operations
- - Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage cV
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
2
If split limits are provided, the minimum limits acceptable shall be: c
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GENERAL PROVISIONS III-73
Packet Pg.996
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
V E H I C LE LIA B I L I T Y
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
AND
X
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability
coverage for:
• Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be: E
2
$ 500,000 per person c
$1,000,000 per occurrence
$ 100,000 property damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GENERAL PROVISIONS III-74
Packet Pg.997
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
BUILDER ' S RISK
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
AND
X
The Contractor shall be required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss
form.
Coverage shall include:
Theft Aircraft `V
Windstorm Vehicles
Hail Smoke
2
Explosion Fire
Riot Collapse
Civil Commotion Flood
The policy limits shall be no less than the amount of the finished project and coverage shall
be provided on a completed value basis.
Property located on the construction premises, which is intended to become a permanent
part of the building, shall be included as property covered.
The policy shall be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage.
The Monroe County Board of County Commissioners shall be named as Additional Insured
and Loss Payee.
GENERAL PROVISIONS III-75
Packet Pg.998
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
GENERAL PROVISIONS III-76
Packet Pg.999
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 130
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
130.01 DEFINITIONS OF TERMS The terms used in this program have the meaning defined in
49 CFR Section 26.5.
130.02 OBJECTIVES/POLICY STATEMENT
The Key West International Airport (herein called Sponsor) has established a Disadvantaged _
Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of
Transportation (USDOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance
in excess of $250,000 from the Federal Aviation Administration, and as a condition of receiving
this assistance, the Sponsor has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the Sponsor to ensure that DBEs, as defined in 49 CFR Part 26, have an equal
opportunity to receive and participate in FAA-assisted contracts. It is also their policy:
A. To ensure nondiscrimination in the award and administration of FAA-assisted U)
contracts;
B. To create a level playing field on which DBEs can compete fairly for FAA-assisted
contracts;
C. To ensure that the DBE Program is narrowly tailored in accordance with applicable ,
law;
D. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
permitted to participate as DBEs;
E. To help remove barriers to the participation of DBEs in FAA-assisted contracts;
F. To promote the use of DBEs in all types of federally-assisted contracts and
procurement activities conducted by recipients;
G. To assist the development of firms that can compete successfully in the market place
outside the DBE Program; and
H. To provide appropriate flexibility to recipients of Federal financial assistance in
establishing and providing opportunities for DBEs.
The Sponsor's Senior Business Manager has been designated as the DBE Liaison Officer. In that
capacity, the Sponsor's Senior Business Manager is responsible for implementing all aspects of
the DBE program. Implementation of the DBE program is accorded the same priority as
compliance with all other legal obligations incurred by the Sponsor in its financial assistance
agreements with the Federal Aviation Administration.
130.03 NON-DISCRIMINATION
The Sponsor will never exclude any person from participation in, deny any person the benefits of,
or otherwise discriminate against anyone in connection with the award and performance of any
contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin.
GENERAL PROVISIONS III-77
Packet Pg. 1000
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
In administering its DBE program, the Sponsor will not, directly or through contractual or other
arrangements, use criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the DBE program with respect to
individuals of a particular race, color, sex, or national origin.
130.04 DBE PROGRAM UPDATES
The Sponsor will continue to carry out this program until all funds from FAA financial assistance
have been expended. The Sponsor does not have to submit regular updates to the DBE Program
document, as long as it remains in compliance. Updates will be provided to FAA if there are
significant changes in the Program.
130.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE
The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and
their administration:
The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any FAA-assisted contract or in the administration of its
DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all U)
necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the
award and administration of FAA-assisted contracts. The recipient's DBE Program, as
required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this
agreement. ,
N
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry out
its approved program, the FAA may impose sanctions as provided for under 49 CFR Part 26 and
may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.)
130.06 REQUIRED CONTRACT CLAUSES
The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract
and subcontract:
A. Nondiscrimination - The contractor, sub-recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of FAA assisted contracts. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may result
in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments,
2. Assessing Sanctions
3. Liquidated Damages, and/or,
4. Disqualifying the Contractor from future bidding as non-responsible.
GENERAL PROVISIONS III-78
Packet Pg. 1001
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
B. Equal Opportunity — DBE Obligation — The recipient or its contractors agrees to
ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have
equal opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this
regard, contractors shall take all necessary and reasonable steps in accordance with
49 CFR Part 26 to ensure that disadvantaged business enterprises have an equal
opportunity to compete for and perform contracts. Recipients and their contractors
shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of FAA-assisted contracts.
C. Failure to Carry Out DBE Obligations — All bidders, potential contractors, or
subcontractors for this FAA-assisted contract are hereby notified that failure to carry
out the FAA policy and the DBE obligation, as set forth above, shall constitute a breach
of contract which may result in termination of the contract or such other remedy as
deemed appropriate by the recipient and the FAA.
D. Prompt Payment - The prime contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than 30 working
days from the receipt of each payment the prime contractor receives from the Monroe U)
County BOCC. The prime contractor agrees further to return retainage payments to
each subcontractor within 30 days after the subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the Key West ,
International Airport. This clause applies to both DBE and non-DBE subcontractors.
E. Retainage - From the total of the amount determined to be payable on a partial
payment, 10% percent of such total amount will be deducted and retained by the
Sponsor for protection of the Sponsor's interests. Release and payment of the
retained amount shall be in accordance with Section 90-06. In lieu of retainage, the
Contractor may exercise at its option the establishment of an escrow account in
CL
accordance with Section 90-08.
The Contractor is required to pay all subcontractors for satisfactory performance of
their contracts no later than 30 days after the Contractor has received a partial
payment. Contractor must provide the Sponsor evidence of prompt and full payment
of retainage held by the prime Contractor to the subcontractor within 30 days after
the subcontractor's work is satisfactorily completed. A subcontractor's work is
satisfactorily completed when all the tasks called for in the subcontract have been
accomplished and documented as required by the Sponsor. When the Sponsor has
made an incremental acceptance of a portion of a prime contract, the work of a
subcontractor covered by that acceptance is deemed to be satisfactorily completed.
Upon 50% 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 Contractor elected to
withhold a higher amount from subcontractors as allowed by law, in which case the
GENERAL PROVISIONS III-79
Packet Pg. 1002
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
F. Prompt Payment Monitoring - In order to ensure subcontractors have been promptly
paid by the prime contractor within 30 days of receipt of payment from Monroe County,
the prime contractor must submit documentation of prior subcontractor payments and _
dates with their pay requests. The Sponsor retains the right to audit a contractor's
books and records to determine the accuracy of the information reported. The awarded
prime contractor may use the 30-Day Subcontractor Prompt Payment Form for
monitoring.
130.07 OTHER CONTRACT PROVISIONS
A. Bidders List. If the recipient's DBE program provides for collecting information for a
bidders list by using a contract clause, the recipient should devise an appropriate
clause and include it in each FAA-assisted contract. FAA's "Sample DBE Program"
interpreting 49 CFR Section 26.11 lists various methods by which a recipient can
collect information for a bidders list. Use of a contract clause is one such method.
B. Good Faith Efforts. In accordance with 49 CFR Section 26.51, the recipient must meet
the maximum feasible portion of their overall goal through race-neutral means of
facilitating DBE participation. The recipient is not required to set a contract goal on
every FAA-assisted contract but must set contract goals that will cumulatively result in
meeting any portion of the overall goal the recipient does not project meeting through
the use of race-neutral means. Contract goals may be established only on those FAA-
assisted contracts having sub-contracting possibilities.
When a contract goal is established pursuant to the recipient's program, the sample
bid specification set forth below can be used to notify bidders/offerors of the
requirements to make good faith efforts. The forms that follow the specification can be
used to collect information necessary to determine whether the bidder/offeror has
satisfied these requirements. The sample specification is intended for use in both non-
construction and construction contracts for which a contract goal has been
established. Thus, it can be included in invitations for bid for construction, in requests
for architectural/engineering and other professional services, and in other covered
solicitation documents.
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of
Transportation, apply to this contract. It is the policy of the Sponsor to practice
nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. All firms qualifying under this solicitation are encouraged
to submit bids/proposals. Award of this contract will be conditioned upon satisfying the
requirements of this bid specification. These requirements apply to all bidders/offerors,
including those who qualify as a DBE. DBE participation in this contract may be in the
GENERAL PROVISIONS III-80
Packet Pg. 1003
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
form of a prime contract, subcontract, joint venture, or another arrangement that
qualifies under 49 CFR Section 26. The bidder/ offeror shall make good faith efforts,
as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the goal for DBE
participation in the performance of this contract.
C. DBE-related Forms to Submit with Bid. In addition to the Section J Form, the
Bidder/Offeror shall submit Attachment 1 — DBE Utilization Form at time of Bid and if
DBE goal is not met shall submit at the time of bid the Good Faith Effort documentation.
The Bidder/Offer shall also submit Attachment 2 — Letter of Commitment Form for all
DBE firms proposed by the Bidder/Offeror. Attachment 2 shall be completed by the
Bidder/Offeror for each DBE firm and the DBE firm must affirm by signature in _
Attachment 2.
D. DBE Compliance - The Contractor will be required to submit the following forms as
part of their DBE contract compliance during the execution of the project:
1) Attachment 1 — Disadvantage Business Enterprise (DBE) Utilization Form — due
with bid.
2) Attachment 2 — Letter of Intent Form — due with bid. A separate form should be
completed for each DBE firm.
3) Attachment 3 — Form A - Proposed DBE Utilization Form - due within seven days
of the preconstruction conference to Engineer/Architect/RPR. A separate form
should be completed for each DBE firm.
4) Attachment 4 — Form B — Proposed DBE Identification Form - due within seven ,
days of the preconstruction conference to Engineer/Architect/RPR. A separate
form should be completed for each DBE firm.
5) Attachment 5 — Form C - DBE Payment Certification Form for each DBE firm that
is working as a subcontractor should be submitted with each pay request. Page 1
is due by the 101h of each month and must be signed and notarized both by the
contractor and the DBE firm. Page 2 is due when final payment has been made to
the DBE firm.
CL
6) Attachment 6 — Form D - Documentation of 30-Day Subcontractor Prompt
Payment Form for each pay request from a subcontractor(DBE or non-DBE), shall
be submitted with each pay request and maintained throughout the duration of
work.
7) Attachment 7— Form E - DBE Expenditure Report Form for each DBE firm that is
working as a subcontractor should be submitted with each pay request.
8) Attachment 8 — Form F - Final Report Utilization of Disadvantaged Business
Enterprises (DBEs) Form with the final pay request.
Copies of these forms follow.
GENERAL PROVISIONS III-81
Packet Pg. 1004
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 1
DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION FORM
(This Form due with Bid)
The Sponsor has established a race neutral DBE goal of 20.3 % for this project.
The undersigned bidder/ offeror has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
The Bidder/ Offeror is committed to a minimum of 20.3 % DBE utilization on
X
this Contract. LU
The Bidder/Offeror (if unable to meet the DBE goal of 20.3 %) is committed
to a minimum of % DBE utilization on this Contract and submits
documentation attached hereto demonstrating the Bidder/Offeror's Good
Faith Efforts. Please refer to 49 CFR Appendix A to 49 CFR Part 26 —
Guidance Concerning Good Faith Efforts.
cv
Name of Bidder/Offeror's firm:
2
0
CL
State Registration No.:
By:
Signature of Bidder/Offeror Name/Title
GENERAL PROVISIONS III-82
Packet Pg. 1005
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 2
LETTER OF INTENT FORM
(Submit this form for each DBE Firm and attach a copy of their FLUCP DBE Certification or firm
print-out from the FDOT DBE Directory. Forms are due with Bid.
DBE Firms must be certified by the FLUCP and listed in the FDOT DBE Directory at time of bid.)
Name of Bidder/Offeror's firm:
Address:
City: State: Zip:
Name of DBE firm:
LU
Address:
City: State: Zip:
Telephone / Email:
Description of work to be performed by DBE firm:
cv
LU
The Bidder/Offeror is committed to utilizing the above-named DBE firm for the work described
0
above. The estimated dollar value of this work is $
0.
By:
Signature of Bidder/Offeror Name/Title
Affirmation
The above-named DBE firm affirms that it will perform the portion of the Contract for the estimated
dollar values as stated above.
By
(Signature of DBE Firm) (Title)
If the Bidder/Offeror does not receive award of the prime contract, any and all
representations in this Letter of Intent and Affirmation shall be null and void.
GENERAL PROVISIONS III-83
Packet Pg. 1006
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 3
FORM A
PROPOSED DBE UTILIZATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED
NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR
PROJECT NAME:
----------------------------------------------
AIRPORT NAME:
AIP PROJECT NUMBER:
X
PRIME CONTRACTOR:
ADDRESS:
CONTACT NAME:
TEL/FAX/EMAIL:
tJ
DBE GOAL FOR PROJECT: U
------------------------------------------
IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT
(PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT):
1. NAME OF DBE FIRM: tV
ESTIMATED PARTICIPATION:$ -------------------------------------_ �'
ESTIMATED PERCENTAGE OF TOTAL PROJECT:
-------------------------------
OVERVIEW OF WORK TO BE PERFORMED:
CL
2. NAME OF DBE FIRM:
ESTIMATED PARTICIPATION:$
ESTIMATED PERCENTAGE OF TOTAL PROJECT: _------------------------------%
OVERVIEW OF WORK TO BE PERFORMED:
---------------------------------
---------------------------------------------------
---------------------------------------------------
GENERAL PROVISIONS III-84
Packet Pg. 1007
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM A (CONTINUED)
PROPOSED DBE UTILIZATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
3. NAME OF DBE FIRM:
------------------------------------------
ESTIMATED PARTICIPATION:$
--------------------------------------
ESTIMATED PERCENTAGE OF TOTAL PROJECT:
-------------------------------
OVERVIEW OF WORK TO BE PERFORMED:
---------------------------------
---------------------------------------------------
X
4. NAME OF DBE FIRM:
ESTIMATED PARTICIPATION:$ -------------------------------------_
ESTIMATED PERCENTAGE OF TOTAL PROJECT: _------------------------------%
OVERVIEW OF WORK TO BE PERFORMED:
---------------------------------------------------
tJ
The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to N
provide the above-referenced work associated with this project.
Name of Prime Contractor
2
Signature Date
CL
-----------------------------------------------------
Print Name and Title
NOTES:
1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs
GENERAL PROVISIONS III-85
Packet Pg. 1008
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 4
FORM B
PROPOSED DBE IDENTIFICATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED
NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR
PROJECT NAME:
----------------------------------------------
AIRPORT NAME:
AID PROJECT NUMBER:
PRIME CONTRACTOR: --------------------------------------------
ADDRESS:
-----------------------------------------------
CONTACT NAME:
TEL/FAX/EMAIL:
DBE GOAL FOR PROJECT: -----------------------------------------%
(FROM BID DOCUMENTS)
IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT t8
(PROVIDE THIS FORM FOR EACH DBE FIRM INTENDED TO PERFORM IN THE CONTRACT):
NAME OF DBE FIRM:
ADDRESS:
CONTACT NAME:
TEL/FAX/EMAIL:
NAME OF FLORIDA UCP AGENCY WHERE CERTIFIED:
VERIFIED DBE ON FDOT DBE DIRECTORY?
CL
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL/ORIGINAL BID:
1. WAS THIS DBE CONTRACTOR INCLUDED IN INITIAL BID OF PRIME CONTRACTOR? ------------_
IF ANSWER IS NO,PRIME CONTRACTOR MUST PROVIDE SUBSTITUTION LETTER TO EXPLAIN REASONS FOR
REMOVAL OF OTHER DBE CONTRACTOR AND/OR ADDITION OF THE DBE CONTRACTOR.
2. ESTIMATED PARTICIPATION AT INITIAL BID:$---------------------------_
3. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR:
4. DETAIL SPECIFIC WORK TO BE PERFORMED:
-----------------------------------------------
-----------------------------------------------
-----------------------------------------------
-----------------------------------------------
GENERAL PROVISIONS III-86
Packet Pg. 1009
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM B (CONTINUED)
PROPOSED DBE IDENTIFICATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT PRE-CONSTRUCTION CONFERENCE:
1. ESTIMATED PARTICIPATION AT PRECONSTRUCTION CONFERENCE:$
2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR:
3. DETAIL SPECIFIC WORK TO BE PERFORMED:
-----------------------------------------------
Name of DBE Contractor/Subcontractor
Signature of DBE Contractor/Subcontractor Date
Print Name and Title (,
The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to
provide the above-referenced work associated with this project.
Name of Prime Contractor
Signature of Prime Contractor Date
-----------------------------------------------------
Print Name and Title CL
NOTES:
1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR
3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs
GENERAL PROVISIONS III-87
Packet Pg. 1010
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 5
FORM C
DBE PAYMENT CERTIFICATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request.
Page 1 is due by the 10th of each month and must be signed and notarized both by the contractor and the DBE firm.
Page 2 is due when final payment has been made to the DBE firm.
THIS IS TO CERTIFY THAT
-------------------------------------------
(DBE CONTRACTOR)
RECEIVED(MONTHLY)OR(FINAL)PROGRESS PAYMENT OF:$_--------------------------_
(CIRCLE ONE)
ON: FROM:
---(DATE) ---- ------------- (PRIME CONTRACTOR)------------------
X
FOR LABOR AND MATERIALS USED ON:
PROJECT NAME:
AIRPORT:
-----------------------------------------------
AIRPORT PROJECT NUMBER:
SIGNED BY OFFICIAL OF PRIME CONTRACTOR:
PRIME CONTRACTOR SIGNATURE: _-----------------------------------_
TITLE:
NOTARIZED:
N
PERSONALLY KNOWN TO ME:
DRIVER'S LICENSE NUMBER:--------------------------------------_
OTHER IDENTIFICATION:
-----------------------------------------
SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20
0
---------------------- -------------------------
NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES CL
TOTAL PAID TO THIS DBE THIS MONTH: $
TOTAL PREVIOUSLY PAID TO THIS DBE: $-------------------------------_
TOTAL PAID TO THIS DBE TO DATE: $-------------------------------_
SIGNED BY OFFICIAL OF DBE CONTRACTOR:
-----------------------------------
DBE CONTRACTOR SIGNATURE:
--------------------------------------
TITLE:
------------------------------------------------
NOTARIZED:
PERSONALLY KNOWN TO ME:
--------------------------------------
DRIVER'S LICENSE NUMBER:
---------------------------------------
OTHER IDENTIFICATION:
-----------------------------------------
SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20
---------------------- -------------------------
NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES
GENERAL PROVISIONS III-88
Packet Pg. 1011
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM C (CONTINUED)
DBE PAYMENT CERTIFICATION FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
TOTAL OF ALL PROGRESS PAYMENTS: $
----------------------------------
RETAINAGE WITH-HELD: $
----------------------------------
BOND WITH-HELD: $
----------------------------------
PROJECT SUMMARY FOR:
(DBE CONTRACTOR)
ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID:
1. ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: $
2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: ---------------%
ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR AT FINAL CONTRACT CLOSEOUT:
1. ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR: $
2. ACTUAL PERCENTAGE OF FINAL CONTRACT AMOUNT FOR THIS DBE CONTRACTOR: _
EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 1&3(OVERRUNS OR UNDERRUNS BY THIS DBE CONTRACTOR ON THIS PROJECT):
tJ
N
EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 2&4(ESTIMATED/INITIAL BID PARTICIPATION PERCENTAGE BY THIS DBE W
CONTRACTOR VERSUS ACTUAL PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR):
-----------------------------------------------------
0
CL
NOTES:
1. PAGE 1 OF THIS FORM IS DUE BY THE 10th OF EACH MONTH AFTER DBE STARTS WORK WHETHER PAYMENT IS MADE
BY PRIME CONTRACTOR TO DBE OR NOT.
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR.
3. PAGE 1 OF THIS FORM IS TO BE PROVIDED UNTIL FINAL PAYMENT HAS BEEN MADE TO THIS DBE CONTRACTOR,
INCLUDING ALL RETAINAGE PAYMENTS.
4. INCLUDE PAGE 2 OF THIS FORM ONLY UPON FINAL PROGRESS PAYMENT TO THIS DBE CONTRACTOR.
GENERAL PROVISIONS III-89
Packet Pg. 1012
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 6
FORM D
DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
THIS FORM DUE WITH EACH PAY REQUEST AND MAINTAINED THROUGHOUT THE DURATION OF WORK.
PRIME CONTRACTOR: DATE REQUESTED:
(MM/DD/YYYY)
PROJECT#: PR AMOUNT($):
(INCLUDING RETAINAGE)
PROJECT DESCRIPTION: RETAINAGE($):
(RETAINAGE)
PAY REQUEST(PR)#: PR SUBTOTAL($):
(AMOUNT LESS RETAINAGE)
DATE APPROVED(BY ENGINEER):
(MM/DD/YYYY)
SUBCONTRACTOR PAYMENT REQUEST(SUB PR)TRACKING
SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: U)
NAME(DBE&NOW
DBE)
SUB PR# SUB PR# SUB PR#
SUB PR DATE SUB PR DATE SUB PR DATE tV
SUB PR SUB PR SUB PR
AMOUNT($) AMOUNT($) AMOUNT
RETAINAGE($) RETAINAGE($) RETAINAGE($)
SUB PR# SUB PR# SUB PR#
SUB PR DATE SUB PR DATE SUB PR DATE
CL
SUB PR SUB PR SUB PR
AMOUNT($) AMOUNT($) AMOUNT($)
RETAINAGE($) RETAINAGE($) RETAINAGE($)
SUB PR# SUB PR# SUB PR#
L�
SUB PR DATE SUB PR DATE SUB PR DATE
SUB PR SUB PR SUB PR
AMOUNT($) AMOUNT($) AMOUNT($)
RETAINAGE($) RETAINAGE($) RETAINAGE($)
PRIME PAYMENTS RECEIVED BY COUNTY(COUNTY PAY)
PRIME PAY REQUEST(PR)# COUNTY PAY# DATE RECEIVED AMOUNT($) 30-DAY PAY DATE
GENERAL PROVISIONS III-90
Packet Pg. 1013
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM D (CONTINUED)
DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
SUBCONTRACTOR 30-DAY PROMPT PAYMENT-PAID BY PRIME(PBP)TRACKING
COUNTY PAY#: COUNTY PAY#: COUNTY PAY#:
SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#:
NAME(DBE&
NON-DBE)
X
SUB PR# SUB PR# SUB PR#
PBP DATE PBP DATE PBP DATE F®
PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($)
PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($)
tJ
SUB PR# SUB PR# SUB PR#
PBP DATE PBP DATE PBP DATE '
N
PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($)
PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($)
SUB PR# SUB PR# SUB PR#
0
PBP DATE PBP DATE PBP DATE CL
PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($)
PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($)
L�
GENERAL PROVISIONS III-91
Packet Pg. 1014
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 7
FORM E
DBE EXPENDITURE REPORT FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BY THE PRIME CONTRACTOR FOR EACH DBE FIRM USED,
WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR
PROJECT NAME:
----------------------------------------------
AIRPORT NAME:
----------------------------------------------
AIP PROJECT NUMBER:
PRIME CONTRACTOR:
ADDRESS:-----------------------------------------------
DBE CONTRACTOR:
ADDRESS:
PRIME CONTRACTOR PAY REQUEST NUMBER:
TOTAL ESTIMATED DBE CONTRACT PARTICIPATION FOR THIS DBE CONTRACTOR:$
-------------------
PERCENTAGE OF TOTAL CONTRACT: _------------------------------------%
CONTRACT DESCRIPTION OF WORK PERFORMED BY DBE CONTRACTOR ITEM UNIT ITEM
ITEM NO. QUANTITY PRICE AMOUNT
2
0
CL
L�
(Attach pages as needed to detail work performed)
TOTAL AMOUNT REQUESTED BY DBE THIS INVOICE(ADD ITEM AMOUNTS): $ _----------------_
TOTAL AMOUNT PREVIOUSLY REQUESTED BY DBE(FROM PRIOR PAY REQUEST): $ _----------------_
TOTAL AMOUNT REQUESTED BY DBE TO DATE: $
GENERAL PROVISIONS III-92
Packet Pg. 1015
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM E (CONTINUED)
DBE EXPENDITURE REPORT FORM
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
The undersigned certifies that the DBE Contractor has successfully completed the above-referenced work
associated with this project and further assures that said DBE Contractor will be paid in full for the amount
indicated above for said services.
Name of Prime Contractor
-----------------------------------------------------
Signature of Prime Contractor Date
Print Name and Title
DBE Contractor's Certification Information:
tJ
Name of Florida UCP Agency where DBE Contractor Certified:
----------------------------------------------------- cV
Name of DBE Contractor
Signature of DBE Contractor Date
----------------------------------------------------- —
Print Name and Title
CL
NOTES:
1. THIS FORM IS DUE WITH EACH PAY REQUEST
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR E
L�
GENERAL PROVISIONS III-93
Packet Pg. 1016
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
ATTACHMENT 8
FORM F
FINAL REPORT—UTILIZATION OF DBEs
DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
THIS FORM MUST BE FULLY COMPLETED FOR EACH DBE CONTRACTOR/SUBCONTRACTOR THAT PARTICIPATED IN THE
CONTRACT AND SUBMITTED WITH FINAL PAY REQUEST FOR THE PRIME CONTRACTOR
PROJECT NAME:
----------------------------------------------
AIRPORT NAME:
AIP PROJECT NUMBER:
PRIME CONTRACTOR: --------------------------------------------
ADDRESS:
-----------------------------------------------
CONTACT NAME:
TEL/FAX/EMAIL:
DBE GOAL FOR PROJECT: -----------------------------------------%
(FROM BID DOCUMENTS)
IDENTIFICATION OF ACTUAL DBE PERFORMANCE
(PROVIDE FOR EACH DBE FIRM THAT PARTICIPATED IN CONTRACT):
1. NAME OF DBE FIRM: '
------------------------------------------ tV
ACTUAL PARTICIPATION:$ _--------------------------------------_
ACTUAL PERCENTAGE OF TOTAL PROJECT:
--------------------------------
OVERVIEW OF WORK PERFORMED:
CL
2. NAME OF DBE FIRM:
ACTUAL PARTICIPATION:$ _--------------------------------------_
ACTUAL PERCENTAGE OF TOTAL PROJECT: --------------------------------%
OVERVIEW OF WORK PERFORMED:
---------------------------------------------------
3. NAME OF DBE FIRM:
------------------------------------------
ACTUAL PARTICIPATION:$
----------------------------------------
ACTUAL PERCENTAGE OF TOTAL PROJECT:
--------------------------------
OVERVIEW OF WORK PERFORMED:
------------------------------------
---------------------------------------------------
---------------------------------------------------
GENERAL PROVISIONS III-94
Packet Pg. 1017
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
FORM F (CONTINUED)
FINAL REPORT—UTILIZATION OF DBEs
DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION
4. NAME OF DBE FIRM:
------------------------------------------
ACTUAL PARTICIPATION:$
----------------------------------------
ACTUAL PERCENTAGE OF TOTAL PROJECT:
--------------------------------
OVERVIEW OF WORK PERFORMED:
------------------------------------
---------------------------------------------------
SUMMARY OF ACTUAL DBE UTILIZATION FOR PROJECT:
X
ACTUAL PARTICIPATION:$ _----------------------------------------_
ACTUAL PERCENTAGE OF TOTAL PROJECT: ----------------------------------%
PROVIDE EXPLANATION OF ANY DIFFERENCES FROM BID/PROPOSED DBE UTILIZATION:
tJ
-----------------------------------------------------
(ATTACH ADDITIONAL SHEETS AS NEEDED)
N
The undersigned certifies this Final Report on the Utilization of Disadvantaged Business Enterprises for this project.
Name of Prime Contractor
0
CL
Signature of Prime Contractor Date
Print Name and Title
NOTES:
1. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR
2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT
3. THE DBEs SHOWN ON THIS FORM SHOULD BE THE SAME AS THOSE ORIGINALLY LISTED UNLESS AN AUTHORIZED
SUBSTITUTION WAS ALLOWED OR THE CONTRACTOR USED MORE DBEs AND ADDITIONAL DBEs WERE ADDED.
4. THE ACTUAL DOLLAR AMOUNT SHOULD REFLECT ANY CHANGES MADE(ADDED OR REDUCED)IN WORK PERFORMED
BY THE DBE.
5. THE CONTRACTOR SHOULD EXPLAIN IN WRITING WHY THE NAMES OF THE SUBCONTRACTORS,THE WORK ITEMS OR
DOLLAR FIGURES ARE DIFFERENT FROM WHAT WAS ORIGINALLY SHOWN ON THE DBE BIDDER INFORMATION
SUBMITTED WITH THE PRIME CONTRACTOR'S INITIAL/ORIGINAL BID TO MONROE COUNTY AND/OR THE COMPLETED
"PROPOSED DBE UTILIZATION FORM"AND"DBE IDENTIFICATION FORM."
6. ANY WRITTEN EXPLANATION SHOULD BE ATTACHED TO THIS FORM PRIOR TO SUBMITTAL.
GENERAL PROVISIONS III-95
Packet Pg. 1018
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
GENERAL PROVISIONS III-96
Packet Pg. 1019
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 140
CONSTRUCTION CONTRACT CLAUSES
AIRPORT IMPROVEMENT PROGRAM
140-01 LABOR PROVISIONS
1. Each Sponsor entering into a Construction Contract over Two Thousand
Dollars ($2,000.00) for an Airport Development project is required to insert in _
the Contract the following provisions from 29CFR 5.5. Each Contractor is to
include these provisions in each Construction Subcontract.
X
a. Minimum Wages
(1) All laborers and mechanics employed or working upon the site of the e®
work will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the U)
Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the >-
Contractor and such laborers and mechanics. Contributions made or costs --
reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)
of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to laborers or mechanics, subject to the
provisions of subparagraph a.(4) below; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, programs which cover the particular
weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the
classification of Work actually performed, without regard to skill, except as
provided in paragraph d. of this clause. Laborers or mechanics performing
work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein:
Provided that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates
conformed under a.(2) of this Section) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors
at the site of the Work in a prominent and accessible place where it can
easily be seen by the workers.
GENERAL PROVISIONS III-97
Packet Pg. 1020
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
(2) (i) The Contracting Officer shall require that any class of laborers or
mechanics which is not listed in the wage determination and which is to be employed
under the Contract shall be classified in conformance with the wage determination.
The Contracting Officer shall approve an additional classification and wage rate
and fringe benefits therefore only when the following criteria have been met:
(A) The Work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(B) The classification is utilized in the area by the construction industry;
and
(C) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting Officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be
sent by the Contracting Officer to the Administrator of the Wage andHour
Division, Employment Standards Administration, U .S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional
classification action within thirty (30) days of receipt and so advise
the contracting officer or will notify the Contracting Officer within the thirty (30) `V
day period that additional time is necessary. (Approved by the Office of >-
Management and Budget under OMB control number 1215-0140.) �-
(iii) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the Contracting Officer do not c
agree on the proposed classification and wage rate (including the amount 0.
designated for fringe benefits where appropriate), the Contracting Officer shall
refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination
within thirty (30) days of receipt and so advise or notify the Contracting Officer
within the thirty (30) day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB control number
1215-0140.)
(iv)The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall
be paid to all workers performing work in the classification under this
Contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the Contractor shall either pay the benefit as stated
GENERAL PROVISIONS III-98
Packet Pg. 1021
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
i n the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other third
person, the Contractor may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, that the
Secretary of Labor has found, upon the written request of the Contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary
of Labor may require the Contractor to set aside in a separate account assets
forthe meeting of obligations under the Plan or Program. (Approved
by the Office of Management and Budget under OMB control number 1215-
0140.)
X
b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this Contract or any other Federal Contract with
the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor
or any subcontractor the full amount of wages required by the Contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or
working on the site of work, all or part of the wages required by the Contract, the FAA
may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action `V
as may be necessary to cause the suspension of any further payment, advance, or >-
guarantee of funds until such violations have ceased. ~�
c. Payrolls and Basic Records.
(1) Payrolls and Basic Records relating thereto shall be maintained by the
Contractor during the course of the Work and preserved for a period of three (3) years
thereafter for all laborers and mechanics working at the site of the Work. Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described
in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found
under a(4) of this clause that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records which show that the commitment to provide such benefits is
enforceable, that the Plan or Program is financially responsible, and that the
Plan or Program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual costs incurred in
providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and
GENERAL PROVISIONS III-99
Packet Pg. 1022
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
trainees, and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB control number
1215-0140 and 1215-0017.)
(2) (i) The Contractor shall submit weekly, for each week in which any contractwork is
performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may
be, for transmission to the FAA. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under
paragraph c(1) above. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB control number
1215-0149.)
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(A) That the payroll for the payroll period contains the information required to be
maintained under paragraph c.(1) above and that such information is correct and
complete;
(B) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly and that
no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3; c
(C) That each laborer or mechanic has been paid not less than the applicable wage CL
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
Contract. E
(iii)The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph c.(2)(b) of this section.
(iv)The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.
(3) The Contractor or subcontractor shall make the records required under paragraph
c.(1) of this section available for inspection, copying or transcription by
authorized representatives of the FAA or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If
the Contractor or subcontractor fails to submit the required records or to make them
GENERAL PROVISIONS III-100
Packet Pg. 1023
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
d. Apprentices and Trainees
(1) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the Work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered 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
herfirst ninety (90) days of probationary employment as an apprentice in such
as apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be greater than the ratio permitted to the U)
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 `V
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 Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the Work
performed until an acceptable program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted
to work at less than the predetermined rate for the Work performed unless they are
GENERAL PROVISIONS III-101
Packet Pg. 1024
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen
on the job site shall not be greater that permitted under the Plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed in the wage
determination unless the Administrator of the Wage and Hour Division determines _
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
that is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the Work actually performed. In the U)
event the Employment and Training Administration withdraws approval of a ca
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. ,
N
(3) During the performance of this Agreement, the CONTRACTOR, in
accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, !i,
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,
0.
Equal Employment Opportunity, Department of Labor). See 2 C.F.R.
Part 200, Appendix II, ¶ C, agrees as follows:
a) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment, without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
GENERAL PROVISIONS III-102
Packet Pg. 1025
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
contracting officer setting forth the provisions of this
nondiscrimination clause.
b) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
c) The contractor will not discharge or in any other manner
discriminate against any employee or applicant for _
employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant.
This provision shall not apply to 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 U)
disclosure is in response to a formal complaint or charge, in ca
furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer,
or is consistent with the contractor's legal duty to furnish ,
information.
d) The contractor will send to each labor union or representative !i,
of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor
union or workers' representative of the contractor's
CL
commitments under section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants
for employment.
e) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
f) The contractor will furnish all information and 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.
GENERAL PROVISIONS III-103
Packet Pg. 1026
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
g) In the event of the contractor's non-compliance with the
nondiscrimination clauses of this contract or with any of such
rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or _
as otherwise provided by law.
Compliance with Copeland Act Requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
e. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the e®
clauses contained in paragraphs a through j of this Contract and such other clauses as
the FAA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime U)
contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the Contract clauses in 29 CFR 5.5.
f. Contract Termination: Debarment. A breach of the Contract clauses in 29
CFR 5.5 may be grounds for termination of the Contract, and for the `V
debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. >-
g. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department
of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The COUNTY must report
all suspected or reported violations to the Federal awarding agency. When required by
Federal program legislation, which includes emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the contractors must
GENERAL PROVISIONS III-104
Packet Pg. 1027
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States"). As required by the Act, each contractor or subrecipient is prohibited from
inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are _
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.1.
h. Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this Contract shall not be subject to the general disputes clause >_
of this Contract. Such disputes shall be resolved in accordance with the procedures of .�
the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees of their representatives.
j. Certification of Eligibility.
(1) By entering into this Contract, the Contractor certifies that neither it(nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a)
of the Davis-Bacon Act or 29 CFR 5.12(a) (1).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible
for award of a Government contract by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed in Criminal Code, 18
U.S.C. 1001.
2. The following clauses in paragraphs a., b., c., d., and e. below, required by
the Contract Work Hours and Safety Standards Act, will also be inserted in full
GENERAL PROVISIONS III-105
Packet Pg. 1028
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00)
in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title
29. As used in the following, the term "laborers" and "mechanics" include
watchmen and guards.
a. Overtime Requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any work week in which he or she is
employed on such work to work in excess of forty (40) hours in such
workweek unless such laborer or mechanic receives compensation at _
a rate not less than one and one-half (1%) times the basic rate of
pay for all hours worked in excess of forty (40) hours in such work
week.
X
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the clause set forth in paragraph a. above, e®
the Contractor or any subcontractor responsible therefore shall be
liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work U)
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph a. above, in the sum of ten `V
dollars ($10.00) for each calendar day on which such individual was >-
required or permitted to work in excess of the standard workweek of --
forty (40) hours without payment of the overtime wages required
by the clause set forth in paragraph a. above.
0
C. Withholding for Unpaid Wages and Liquidated Damages. The FAA
shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld, from any monies payable on account of work performed
by the Contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph b. above.
d. Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraphs a. through d. and also
a clause requiring the subcontractor to include these clauses in any
lower tier subcontracts. The prime Contractor shall be
responsible for compliance by any subcontractor or lower tier
GENERAL PROVISIONS III-106
Packet Pg. 1029
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
subcontractor with the clauses set forth in paragraphs a. through d.
e. Working Conditions. No contractor or subcontractor may require any
laborer and mechanic employed in the performance of any
contract to work in surroundings or under working conditions that are
unsanitary, hazardous or dangerous to his health or safety as
determined under Construction Safety and Health Standards (29
CFR Part 1926) issued by the Department of Labor.
3. In addition to the provisions in 1 and 2 above, for contracts in excess of
$2,000, the following is to be included in all contracts for work on airport
development projects involving labor:
Veterans Preference. In the employment of labor (except in executive,
administrative and supervisory positions), preference shall be given to
veterans of the Vietnam era and disabled veterans. However, this
preference shall apply only where the individuals are available and
qualified to perform the Work to which the employment relates.
140-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
A. Standard Federal Equal Employment Opportunity Construction Contract Specifications
(Executive Order 11246, as amended).
cv
1. As used in these Specifications:
a. "Covered area" means the geographical area described in the
solicitation from which this Contract resulted; E
2
0
b. "Director" means Director, Office of Federal Contract Compliance
0.
Programs (OFCCP), U.S. Department of Labor, or any person of whom
the Director delegates authority;
C. "Employer Identification Number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
1) Black (all persons having origins in any of the black African
racial groups not of Hispanic origin);
2) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin
regardless of race);
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
GENERAL PROVISIONS III-107
Packet Pg. 1030
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a
portion of the Work involving any construction trade, it shall physically
include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the
provisions of these Specifications and the notice which contains the applicable
goals for minority and female participation and which is set forth in the
solicitations from which this Contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a
Hometown Plan approved by the U.S. Department of Labor in the covered area
either individually or through an association, its affirmative action obligations
on all work in the plan area (including goals and timetables) shall be in
accordance with that plan for those trades which have unions participating in
the Plan. Contractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each Contractor
or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
subcontractors toward a goal in an approved plan does not excuse any
covered Contractor's or subcontractor's failure to take good faith efforts to
achieve the plan goals and timetables. `V
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through p of these Specifications. The goals set
forth in the solicitation from which this Contract resulted are expressed as
percentages of the local hours of employment and training of minority and c
female utilization the Contractor should reasonably be able to achieve in each 0.
construction trade in which it has employees in the covered area. Covered
construction contractors performing construction work in geographical
areas where they do not have a federal or federally assisted construction
contract shall apply the minority and female goals established for the
geographical area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and such notices may
be obtained from any Federal Contract Compliance Programs office or from
Federal Procurement contracting officers. The Contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the
period specified.
5. Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the Contractor has a collective bargaining
agreement to refer either minorities or women shall excuse the
Contractor's obligations under these Specifications, Executive Order
11246, as amended, or the regulations promulgated pursuant thereto.
GENERAL PROVISIONS III-108
Packet Pg. 1031
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by the Contractor during the training period and the Contractor must have made
a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U.S. Department of
Labor.
7. The Contractor shall take specific affirmative actions to ensure EEO. The
evaluation of the Contractor's compliance with these Specifications shall be
based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully and shall implement
affirmative action steps at least as extensive as the following:
X
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. '
cv
b. Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and
female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities
available, and maintain a record of the organization's responses. c
0.
c. Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or female referral from a union, a recruitment source, a
community organization and of what action was taken with respect to
each such individual. If such individual was sent to the union hiring
hall for referral and was not referred back to the Contractor by the
union or, if referred, not employed by the Contractor, this shall be
documented in the file with the reason therefore along with whatever
additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the
union or unions with which the Contractor has a collective
bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has
other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
GENERAL PROVISIONS III-109
Packet Pg. 1032
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
e. Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly includes minorities
and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of
Labor. The Contractor shall provide notice of these programs to the
sources complied under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at
least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction
work is performed.
g. Review, at least annually, the Company's EEO policy and
affirmative action obligations under these Specifications with all
employees having any responsibility for hiring, assignment, layoff,
termination, or other employment decisions including specific
review of these items with onsite supervisory personnel such as
superintendents, general foremen, etc., prior to the initiation of
construction work on any job site. A written record shall be made 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 female employees to recruit other
GENERAL PROVISIONS III-110
Packet Pg. 1033
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female youth
both on the site and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation, at least of all
minority and female personnel, for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work
assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the
Contractor's obligations under these Specifications are being
carried out.
n. Ensure that all facilities and company activities are nonsegregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
P. Conduct a review, at least annually, of all supervisors, adherence to and
performance under the Contractor's EEO policies and
CL
affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations (7a
through p). The efforts of a contractor association, joint contractor-union,
contractor-community, or other similar groups of which the Contractor is a
member and participant, may be asserted as fulfilling any one or more of its
obligations under 7a through p of these Specifications provided that the
Contractor actively participates in the group, makes every effort to assure that
the group has a positive impact on the employment of minorities and women in
the industry, ensures that the concrete benefits of the program are reflected
in the Contractor's minority and female work force participation,
makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the Contractor. The obligation to comply,
however, is the Contractor's and failure of such a group to fulfill an obligation
shall not be a defense for the Contractor's noncompliance.
GENERAL PROVISIONS III-111
Packet Pg. 1034
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
9. A single goal for minorities and a separate single goal for women have
been established. The Contractor, however, is required to provide EEO and
to take affirmative action for all minority groups, both male and female,
and all women, both minority and non-minority. Consequently, the Contractor
may be in violation of the executive order if a particular group is employed in a
substantially disparate manner (for example, even though the Contractor has
achieved its goals for women generally, the Contractor may be in violation of
the executive order if a specific minority group of women is under utilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color,
religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm
debarred from government contracts pursuant to Executive Order 11246, as
amended.
12. The Contractor shall carry out such sanctions and penalties for violation of
these Specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the OFCCP. Any contractor who fails to carry out
such sanctions and penalties shall be in violation of these Specifications and
Executive Order 11246, as amended. n,
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 c
executive order, the implementing regulations, or these Specifications, the CL
Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being
carried out, to submit reports relating to the provisions hereof as may be
required by the government, and to keep records. Records shall at least
include for each employee, the name, address, telephone number, construction
trade, union affiliation, if any, employee identification number when assigned,
social security number, race, sex, status (e.g., mechanic, apprentice, trainee,
helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the
GENERAL PROVISIONS III-112
Packet Pg. 1035
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
B. Contractor Contractual Requirements. During the performance of this
Contract, the Contractor, for itself, its assignees and successors in interest(hereinafter
referred to as the "Contractor") agrees as follows:
1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter, "DOT") Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to
time (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Contract.
2. NONDISCRIMINATION. The Contractor, with regard to the Work
performed by it during the Contract, shall not discriminate on the grounds of
race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth
in Appendix 3 of the regulations.
3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF >-
MATERIALS AND EQUIPMENT. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be c
notified by the Contractor of the Contractor's obligation under this Contract and 0.
the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
4. INFORMATION AND REPORTS. The Contractor shall provide all
information and reports required by the Regulations or Directives issued
pursuant thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Sponsor
or the FAA to be pertinent to ascertain compliance with such regulations, orders,
and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this information,
the Contractor shall so certify to the Sponsor or the FAA, as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this Contract, the
sponsor shall impose such Contract sanctions as it or the FAA may
determine to be appropriate, including, but not limited to:
GENERAL PROVISIONS III-113
Packet Pg. 1036
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
a. Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or
b. Cancellation, termination, or suspension of the Contract, in whole or
in part.
6. INCORPORATION OF PROVISIONS. The Contractor shall include the
provisions of Paragraphs 1. through 5. in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the Sponsor or
the FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Contractor
may request the Sponsor to enter into such litigation to protect the interests of
the Sponsor and, in addition, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
C. Equal Employment Opportunity Clause. During the performance of this
Contract the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The n,
Contractor will take affirmative action to insure that applicants are
employed and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination, rates of
pay or other forms of compensation; and selection for training, including c
apprenticeship. The Contractor agrees to post in conspicuous places CL
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, or national origin.
3. The Contractor will send, to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising that said labor union or
workers' representatives of the Contractor's commitments under this
section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246, as
amended, of September 24, 1965, and of the rules, regulations, and relevant
GENERAL PROVISIONS III-114
Packet Pg. 1037
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by
Executive Order 11246, as amended, of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the FAA
and the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or
orders, this Contract may be canceled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246, as
amended, of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246, as
amended, of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately
preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every
subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246, as amended, of September 24, 1965, so that such `V
provisions will be binding upon each subcontractor or vendor. The >-
Contractor will take such action with respect to any subcontract or purchase �--
order as the FAA may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the FAA, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be
posted by the Contractor in a conspicuous place available to employees and
applicants for employment as required by paragraphs 1. and 3. of the EEO clause.
Copies of this poster will be furnished to contractors at the Pre-Construction
Conference.
A. Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246, as Amended).
1 . The Offerer's or Bidder's attention is called to the "Equal Opportunity
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
GENERAL PROVISIONS III-115
Packet Pg. 1038
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
percentage terms for the Contractor's aggregate work force in each trade
on all construction work in the covered area are as follows:
TIMETABLES:
Goals for minority participation for each trade 30.4 %
Goals for Female participation in each trade 6.9 %
These goals are applicable to all the Contractor's construction work
(whether or not it is Federal or Federally assisted) performed in the
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 e®
Clause, specifications set forth in 41 CFR 60-40.3(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 U)
trade, and the Contractor shall make a good faith effort to employ minority and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from 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 `V
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.
2
3. The Contractor shall provide written notification to the Director, OFCCP, within
ten (10) working days of award of any construction subcontract in excess of
$10,000 (Ten Thousand Dollars) at any tier of construction subcontract in
excess of $10,000 (Ten Thousand Dollars) at any tier of construction work
under the Contract resulting from this solicitation. The notification shall list 0)
the name, address, telephone number of the subcontractor; employer
identification number of the subcontractor, estimated dollar amount of
the subcontracts; estimated starting and completion dates of the
subcontract; and the geographical area in which the subcontract is to be
performed.
4. As used in this notice and in the Contract resulting from this solicitation, the
"covered area" is in Key West, Monroe County, State of Florida.
F. Required Reports.
1. Monthly Employment Utilization Reports (SF 257). This Report is to be
prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office,
Federal Contract Compliance Program (OFCCP) that serves the
GENERAL PROVISIONS III-116
Packet Pg. 1039
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
geographical area in which this project is located. The Report is due by the
fifth day of each month after work has commenced. The Contractor will be
advised further regarding this Report including the address of the OFCCP
Area Office, at the Pre-Construction Conference.
2. Annual EEO-1 Report. Contractors/subcontractors working on Federally-
assisted airport construction projects are required to file with the sponsor
annually, on or before March 31, complete and accurate reports on
Standard Form 100 (Employee Information Report, EEO-1). The first such
report is required within thirty (30) days after award unless the
Contractor/subcontractor has submitted such a report within twelve(12) months
preceding the date of award (the FAA or Department of Labor, OFCCP can
designate other intervals). This form is normally furnished based on a
mailing list, but can be obtained from the Equal Employment Opportunity
Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C.
20507 or by calling (703) 756-6020. This report is required if a
Contractor or subcontractor meets all of the following conditions: e®
a. Nonexempt.Contractors/subcontractors are not exempt based on 41 CFR 60-
1.5, and U)
b. Number of Employees. Has fifty (50) or more employees,
C. Contractor/Subcontractor. Is a prime contractor or first tier
subcontractor, and
d. Dollar Level. There is a contract, subcontract, or purchase order
amounting to $50,000 (Fifty Thousand Dollars) or more or serves as
a depository of government funds in any amount, or is a financial >-
institution which is an issuing and paying agent for U.S. Savings Bonds
and Savings Notes. Some subcontractors below the first tier wh o work
at the site are required to file if they meet the requirements
of 41 CFR 60-1.7.
3. Records. The FAA or Department of Labor OFCCP may require a
Contractor to keep employment or other records and to furnish, in the form
requested within reasonable limits, such information as necessary.
G. Requirement for Certification of Non-segregated Facilities.
1. Notice to Prospective Federally Assisted Construction Contractors.
a. Certification of Non-segregated Facilities must be submitted prior to the
award of a federally assisted construction contract exceeding $10,000
(Ten Thousand Dollars) which is not exempt from the provisions of the
equal opportunity clause.
b. Contractors receiving federally assisted construction contract
awards exceeding $10,000 (Ten Thousand Dollars) which are not
exempt from the provisions of the Equal Opportunity Clause will be
required to provide for the forwarding of the following notice to
GENERAL PROVISIONS III-117
Packet Pg. 1040
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 (Ten Thousand Dollars)
and are not exempt from the provisions of the Equal Opportunity Clause.
2. Notice to Prospective Subcontractors of Requirement for Certification of
Non-segregated Facilities.
a. A Certificate of Non-segregated Facilities must be submitted prior to
the award of subcontract exceeding $10,000 (Ten Thousand
Dollars) which is not exempt from the provisions of the Equal
Opportunity Clause.
b. Contractors receiving federally assisted construction contract awards
exceeding $10,000 (Ten Thousand Dollars) which are not exempt from
the provisions of the equal opportunity clause will be required to provide
for the forwarding of the following notice to prospective subcontractors
for supplied and construction contracts where the subcontracts
exceed $10,000 (Ten Thousand Dollars) and are not exempt from
the provisions of the equal opportunity clause.
NOTE TO THE CONTRACTOR: This Certification is not required here if completed,
signed and furnished to the Owner with the Proposal.
Certification of Non-Segregated Facilities
cv
The Construction Contractor certifies that he does not maintain or provide, for his
employees segregated facilities at any of his establishments and that he does not W
permit his employees to perform their services at any location, under his control where
segregated facilities are maintained. The Construction Contractor further certifies that he E
will not maintain or provide, for his employees segregated facilities at any of his
establishments and that he will not permit his employees to perform their services at any c
location, under his control where segregated facilities are maintained. The CL
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 E
washrooms, restaurants and other eating areas, timeclocks, locker rooms and other
storage and dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are
segregated by explicit directives or are in fact segregated on the basis of race, color, religion,
or national origin because of habit, local customs, or any other reason. The Construction
Contractor agrees that (except where he has obtained identical certifications from
proposed subcontractors for specific time periods) he will obtain identical certifications
from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten
Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause
and that he will retain such certifications in his files.
Signature of Contractor Title
GENERAL PROVISIONS III-118
Packet Pg. 1041
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
140-03 MISCELLANEOUS CONTRACT PROVISIONS
1. Airport Improvement Program Project (AIP). The Work in this Contract
is being undertaken and accomplished by the Owner in accordance with the
terms and conditions of a grant agreement between the Owner and the United
States, under the Airport and Airway Improvement Act of 1982 and Part 152
of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the
United States has agreed to pay a certain percentage of the costs of the
Project that are determined to be allowable project costs under that Act.
The United States is not a party to this Contract and no reference in this
Contract to the FAA or any representative thereof, or to any rights granted to _
the FAA or any representative thereof, or the United States, by the Contract,
makes the United States a party to this Contract.
X
2. Consent to Assignment. The Contractor shall obtain the prior written consent
of the OWNER to any proposed assignment of any interest in or part of this
Contract.
3. Veterans Preference. In the employment of labor (except in executive,
administrative, and supervisory positions), the Contractor shall give
preference to veterans of the Vietnam era and disabled veterans as
defined in Section 515(c)(1) and (2) of the Airport and Airway
Improvement Act of 1982.
cv
4. FAA Inspection and Review. The Contractor shall allow any authorized
representative of the FAA to inspect and review any work or materials >-
used in the performance of this Contract.
5. Foreign Trade Restrictions. The Contractor or subcontractors, by
submission of an offer and/or execution of a Contract, certifies that it: c
CL
a. is not owned or controlled by one or more citizens or nationals of a
foreign country included in the list of countries that discriminates
against U.S. firms published by the Office of the United States
Trade Representative (USTR);
b. has not knowingly entered into any Contract or subcontract for this
project with a Contractor that is a citizen or national of a foreign country
on said list, or is owned or controlled directly or indirectly by one or more
citizens or nationals of a foreign country on said list.
C. has not procured any product nor subcontracted for the supply of
any product for use on the Project that is produced in a foreign
country on said list.
GENERAL PROVISIONS III-119
Packet Pg. 1042
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded
to a contractor or subcontractor who is unable to certify to the above. If the
Contractor knowingly procures or subcontracts for the supply of any product or
service of a foreign country on the said list for use on the Project, the FAA
may direct, through the Sponsor, cancellation of the Contract at no cost to
the Government.
Further, the Contractor agrees that, if awarded a Contract resulting from this
solicitation, it will incorporate this provision for certification without modification
in each Contract and in all lower tier subcontracts. The Contractor may
rely upon the certification of a prospective subcontractor unless it has
knowledge that the certification is erroneous.
X
The Contractor shall provide immediate written notice to the Sponsor if the
Contractor learns that its certification or that of a subcontractor was
erroneous when submitted or has become erroneous by reason of
changed circumstances. The subcontractor agrees to provide immediate written
notice to the Contractor, if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was
placed when making the award. If it is later determined that the
Contractor or subcontractor knowingly rendered an erroneous certification, the
FAA may direct, through the Sponsor, cancellation of the Contract or
subcontract for default at no cost to the Government. �-
Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the
certification required by this provision. The knowledge and information of a
Contractor is not required to exceed that which is normally possessed by a CL
prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Title
18, United States Code, Section 1001.
6. Subcontracts. The Contractor shall insure in each of his subcontracts the
provisions contained in Paragraphs A., C., and D. of this section and also a
clause requiring the subcontractors to include these provisions in any lower
tier subcontractors which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
7. Clean Air and Water Pollution Control Requirements for All
Construction Contracts and Subcontracts Exceeding $100,000 (One
Hundred Thousand Dollars).
GENERAL PROVISIONS III-120
Packet Pg. 1043
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractors agree:
a. That any facility to be used in the performance of the Contract or to
benefit from the Contract is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities.
b. To comply with all the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act and all
regulations issued thereunder.
C. That as a condition for award of a Contract, they will notify the
awarding official of the receipt of any communication from the EPA
indicating that a facility to be utilized for performance of or benefit from
the Contract is under consideration to be listed on the EPA List of
Violating Facilities.
d. To include in any subcontract which exceeds $100,000 (One
Hundred Thousand Dollars), the requirements of(a), (b), and (c) above.
STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS
REQUIRED FOR 49 CFR PART 29
8. Certification Regarding debarment, Suspension, ineligibility, and voluntary
Exclusion:
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.
The Bidder/Offerer certifies, by submission of this proposal or acceptance of this
Contract, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. It further
agrees by submitting this proposal that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts and
subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is
unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
9. Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
GENERAL PROVISIONS III-121
Packet Pg. 1044
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
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.
10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated _
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
11. Compliance with Procurement of recovered materials as set forth in 2 CFR § U)
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste ca
disposal Act, as amended, by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 ,
that contain the highest percentage of recovered materials practicable, 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 !i,
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.
12. Right to Audit. Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be
made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and
supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that
may in Owner's reasonable judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document
(all foregoing hereinafter referred to as "Records") shall be open to inspection
and subject to audit and/or reproduction by Owner's representative and/or agents
of Owner. Owner may also conduct verifications such as, but not limited to,
GENERAL PROVISIONS III-122
Packet Pg. 1045
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
counting employees at the job site, witnessing the distribution of payroll, verifying
payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractors' representatives. All records shall be
kept for seven (7) years after Final Completion.
13. 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 n,
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.
14. 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;
GENERAL PROVISIONS III-123
Packet Pg. 1046
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
140-04 E-VERIFY
1. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor _
during the Contract term.
X
END OF SECTION 140
cv
2
0
CL
GENERAL PROVISIONS III-124
Packet Pg. 1047
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SECTION 150
BUY AMERICAN PREFERENCES
APPENDIX A Page 1
BUY AMERICAN CERTIFICATE JAN (1991)
By submitting a bid/proposal under this solicitation, except for those items listed by the Offerer
below or on a separate and clearly identified attachment to this bid/proposal, the Offerer
certifies that steel and each manufactured product, is produced in the United States (as
defined in the clause Buy American - Steel and Manufactured Products or Buy American
— Steel and Manufactured Products for Construction Contracts) and that components of
unknown origin are considered to have been produced or manufactured outside the United
States.
Offerers may obtain from (insert Sponsor Representative) lists of articles, materials, and
supplies excepted from this provision.
PRODUCT COUNTRY OF ORIGIN
cv
2
0
CL
GENERAL PROVISIONS III-125
Packet Pg. 1048
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
APPENDIX A
Page 2
NOTICE TO BIDDERS
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Aviation Safety and Capacity Expansion Act of 1990 provides that
preference be given to steel and manufactured products produced in the United States when
funds are expended pursuant to a grant issued under the Airport Improvement Program. The
following terms apply:
1. Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) steel produced in the United States or (2) a
manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds 60
percent of the cost of all its components and final assembly has taken place in the
United States. Components of foreign origin of the same class or kind as the products
referred to in subparagraphs (b) (1) or (2) shall be treated as domestic.
2. Components. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured
products.
3. Cost of components. This means the costs for production of the n,
components, exclusive of final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and
manufactured products will be used by the Contractor, subcontractors, materialmen, and
suppliers in the performance of this contract, except those-
0
CL
(1) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, are not produced in the
United States in sufficient and reasonably available quantities and of a
satisfactory quality;
(2) that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would
be inconsistent with the public interest; or
(3) that inclusion of domestic material will increase the cost of the overall project
contract by more than 25 percent.
(End of Clause)
GENERAL PROVISIONS III-126
Packet Pg. 1049
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual APPENDIX B
Page 3
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The Contractor agrees that, only domestic steel and manufactured products will be
used by the Contractor, subcontractors, materialmen, and suppliers in the performance of
this contract, as defined in (b) below.
(b) The following terms apply to this clause:
1. Steel and manufactured products. As used in this clause, steel and
manufactured products include (1) those produced in the United States or (2) a
manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds 60
percent of the cost of all its components and final assembly has taken place in the
United States.
2. Components. As used in this clause, components means those articles,
materials, and supplies incorporated directly into steel and manufactured U)
products.
3. Cost of components. This means the costs for production of the
components, exclusive of final assembly labor costs.
cv
(End of Clause)
2
0
END OF SECTION 150 CL
GENERAL PROVISIONS III-127
Packet Pg. 1050
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
GENERAL PROVISIONS III-128
Packet Pg. 1051
L.3.c`
x
SPECIAL PROVISIONS
N
2
CL
Packet Pg. 1052
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-2
Packet Pg. 1053
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
DIVISION IV
SPECIAL PROVISIONS
SP-1 — PROJECT GENERAL REQUIREMENTS ...........................................................................IV-5
SP-2 — NOTICE TO PROCEED, CONSTRUCTION
PHASING AND WORK SEQUENCING ............................................................................IV-23
SP-3 CONTRACT TIME AND LIQUIDATED DAMAGES IV-25
X
SP-4 — PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACILITIES...........................................................................IV-27
SP-5 — RESIDENT PROJECT REPRESENTATIVE.....................................................................IV-29
SP-6 — SAFETY AND SECURITY REQUIREMENTS...................................................................IV-31 U)
SP-7 LIST OF DRAWINGS IV-41
SP-8 — TEMPORARY FACILITIES................................................................................................IV-45 ,
cv
SP-9 — DEWATERING....................................................................................................................IV-51
W
SP-10 PRECEDENCE OF DOCUMENTS IV-53
SP-11 — FINAL PAY REQUESTS AND RELATED FORMS........................................................IV-55
CL
SP-12 — STANDBY TIME...............................................................................................................IV-57
SPECIAL PROVISIONS IV-3
Packet Pg. 1054
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-4
Packet Pg. 1055
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO . 1
PROJECT GENERAL REQUIREMENTS
1. WORK LOCATION. The work will be performed at Key West International Airport
2. SCOPE OF WORK The work includes the Taxiway A Extension and Mitigation as detailed
in the construction documents.
3. WORK PHASING AND SEQUENCING. Work phasing and sequencing
requirements are stipulated in Special Provision No. 2 included hereinafter.
4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract
shall be completed within three hundred and sixty five (365) calendar days from Notice to
Proceed Construction as stipulated in Special Provision Nos. 2 and 3.
5. PLANS. The plans included in this contract are listed in Special Provision No. 7.
6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing
cables, light fixtures, signs and related structures are to be protected by the Contractor
in accordance with the provisions contained in Special Provision No. 4.
cv
7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The
Contractor shall be responsible for methods, means, materials and procedure >'
necessary to protect all existing facilities, property, asphalt and concrete
pavements, structures, equipment, and finishes from any and all damage
whatsoever arising from the execution or non-execution of the work of this
project.
The Contractor shall take all necessary precautions to protect asphalt and
concrete pavement surfaces when steel treaded equipment or vehicles are used.
Rubber tires or treads shall be used wherever possible. E
All conflicts discovered between existing underground utilities or structures and new
structures and other foundation work shall be immediately brought to the attention of the
Engineer who will then issue directions regarding a solution to the conflict(s).
8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines,
grades and measurements necessary for the proper prosecution and control of the
work and contracted for under these specifications.
The project layout surveying may be accomplished during daylight hours
provided the Contractor meets the following conditions:
A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48)
hours in advance with dates and times surveying will be started so a NOTAM
SPECIAL PROVISIONS IV-5
Packet Pg. 1056
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
can be issued.
B. No survey work shall be accomplished without the presence of the
Engineer or his authorized representative.
9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with
construction, the Contractor shall familiarize himself as to the existing conditions.
Should the Contractor discover any inaccuracies, errors or omissions between the
actual existing conditions and the Contract Documents, he shall within fifteen (15)
calendar days prior to Bid Opening, notify the Engineer in writing. Submission of
Bid by the Contractor shall be held as an acceptance of the existing conditions by _
the Contractor.
10. SAFETY AND PROTECTION.
A. General Project Safety: In as much as each work area will be accessible to
and used by the public, the Owner and other companies doing business at the
Airport during the construction period, it is the Contractor's
responsibility to maintain each work area in a safe, hazard free condition at
all times. Should the Owner find the area unsafe at any time, they will notify U)
the Contractor, and the Contractor shall take whatever steps necessary
to remedy the unsafe condition. Should the Contractor not be immediately
available for corrective action, the Owner will remedy the problem and the
Contractor shall reimburse the Owner for the expense of such correction.
cv
B. Airfield and Security: This Project will take place between the hours of >-
11 PM and 6 AM. All work within the Runway Safety Area must occur �--
while Runway 9-27 and Taxiways A, Al, and A2 are closed. Refer to the
CSPP for more information regarding Airfield Security.
0
C. Protection of Property: Fixed structures, equipment, paving, CL
landscaping and vehicles (automobiles, trucks, etc.) shall be protected with
drop cloths, shielding and other appropriate measures to ensure
maximum protection of all property and vehicles.
11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor
shall attend a pre-construction conference and bring with him the superintendent
employed for this project. In the event the Contractor is unable to attend, he shall send
a letter of introduction with the superintendent in which he advises the
superintendent's full name and states that he is assigned to the project and will
be in full responsible charge. This conference will be called by the Engineer or
Resident Project Representative (RPR), who will arrange for the Owner's
representative and other interested parties to be present. At this time, all parties
will discuss the project under contract and prepare a program of procedure in
keeping with requirements of the drawings and specifications. The superintendent will
henceforth make every effort to expeditiously coordinate all phases of the work,
including the required reporting procedure, to obtain the end result within the full
purpose and intent of the drawings and specifications for the project.
SPECIAL PROVISIONS IV-6
Packet Pg. 1057
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
12. COORDINATION AND PROGRESS MEETINGS
A. General: The RPR will prepare a written memorandum on required coordination
activities. Included will be such items as required notices, reports, and attendance
at meetings. This memorandum will be distributed to each entity performing work
at the project site.
B. Weekly Coordination and Progress Meetings: The RPR will hold weekly
general project coordination and progress meetings at regularly scheduled
times convenient for all parties involved. These meetings are in addition to
specific meetings held for other purposes, such as special project meetings and
special pre-installation meetings. The RPR will require representation at each
meeting by every party currently involved in coordination or planning for
the work of the entire project. Meetings will be conducted in a manner which will
resolve coordination problems.
C. The RPR will record results of the meeting and distribute copies to everyone
in attendance and to others affected by decisions or actions resulting from each
meeting.
13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a
full-time Project Management Team consisting of a Project Superintendent and
other supervisory personnel for the duration of the Project. The names and
qualifications of this team for this work shall be submitted to the Owner as part of the
Bidder Qualification Form. They shall have a minimum of five (5) years of experience
on suitable projects of equal difficulty. The Project Superintendent shall be at the >-
construction site at all periods when work is in progress. This person shall have
full authority to act on the Contractor's behalf. It is agreed and understood that, if
requested in writing by the Owner, the Contractor shall replace any member of the team
with another meeting the required qualifications within three (3) days of the receipt of
the request.
14. SPECIAL REPORTS.
A. Reporting Unusual Events: When an event of an unusual and
significant nature occurs at the site, Contractor shall prepare and submit a
special report to the Engineer. List chain of events, persons participating,
response by the Contractor's personnel, an evaluation of the results or effects
and similar pertinent information. Advise the Owner and Engineer as soon as
possible when such events are known.
B. Submit special reports directly to the Owner within one day of occurrence.
Submit a copy of the report to the Engineer and other entities that are affected
by the occurrence within one day of the occurrence.
SPECIAL PROVISIONS IV-7
Packet Pg. 1058
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
15. SCHEDULE OF WORK.
A. Prepare and submit, in triplicate, for the Engineer's information, progress
schedules for the work.
B. Progress schedules shall relate to the entire project to the extent required by
the Contract Documents and shall provide for expeditious and
practicable execution of the work.
C. Progress schedules shall be updated monthly.
D. Percent complete shall be based on actual construction in place or dollar
volume of the work. If dollar volume of the work reflects the greater
percent complete, the maximum percent complete shall in no case exceed 5
percent of the value of the in-place construction.
16. PROGRESS SCHEDULE.
Preliminary Schedule: Within 15 days after date of Notice of Award and
Acceptance, the Contractor shall submit his preliminary network phasing
diagram (Preliminary Schedule) indicating a comprehensive overview of the
Project including an activity line for each of the work segments to be performed
at the site.
cv
1) Arrange the schedule to indicate required sequencing of work and to
show time allowances for submittals, inspections, and similar time
margins.
2) The submitted schedule shall be reviewed by the Engineer and
Owner for conformance to Critical Dates and overall project
0.
completion time criteria. Lack of this information will be cause for
rejection of the schedule.
3) Following initial submittal of schedule to and response by the
Engineer, print and distribute the Progress Schedule to entities with a
need-to-know responsibility, including three (3) copies to the
Engineer. Post in temporary office space. Revise at intervals
matching payment requests, and redistribute and repost. Provide copies
required with payment requests.
17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated
on a monthly basis, and a copy thereof submitted with each of the Contractor's
Applications for Payment. The updated Progress Schedule shall not only indicate
revisions to the Schedule for upcoming work but show "as-built" schedule progress
data. The Engineer will not recommend for payment, by the Owner, an Application
for Payment without the Contractor's submission of a Monthly Schedule Update.
A. If the Contractor's Monthly Schedule Update reflects, or the
SPECIAL PROVISIONS IV-8
Packet Pg. 1059
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Engineer determines, that the Contractor is at least ten percent
(10%) behind the original Progress Schedule or fourteen (14) or
more calendar days behind the original Progress Schedule for:
1) the work as a whole;
2) a major Contract item;
3) an item of work which is on the critical path; or
4) an item of work not on the original critical path that, because of
the delay or anticipated delay became a critical path item;
then the Contractor must submit with the Monthly Schedule Update his
proposed plan for bringing the work back on schedule and completing
the Work within the Contract time.
B. The Progress Schedule shall be coordinated by the Owner's Project
Administrator with the overall schedule for the Airport Projects. The
Contractor is required to revise the Progress Schedule promptly in
accordance with the conditions of the work, subject to approval by the
Owner's Project Coordinator and the Engineer.
C. The Contractor shall comply fully with all time and other cv
requirements of the Contract Documents. Recommendation of an
Application of Payment of the Engineer and payment thereon by the
Owner, without the submission of a Monthly Schedule Update, shall not
constitute a waiver of the requirements of such updates, nor shall it E
relieve the Contractor from the obligation to complete the Work within
the Contract Time. c
CL
D. Should a review of work indicate a critical path (milestone) item has
fallen behind the approved schedule; at the option of the Engineer;
funds equal to the established liquidated damages for the number of
calendar days behind schedule will be withheld until that critical path
item is brought back on schedule.
18. CHANGES IN THE SCHEDULE.
A. Minor Changes: Each week, prior to the weekly coordination
meeting, during the time of the contract, the Contractor shall notify the
Engineer of any minor changes that are anticipated in the
schedule for the following week.
B. Major Changes: If for any reason, a major change in the approved schedule
is anticipated, the Contractor shall make the necessary changes to the
schedule and resubmit the revised schedule for approval.
SPECIAL PROVISIONS IV-9
Packet Pg. 1060
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Copies of the approved schedule shall be posted in the Contractor's
field office with completed work identified in colored pencil.
19. MAINTENANCE OF TRAFFIC.
A. The Contractor shall not obstruct nor create a hazard to any traffic
during the prosecution of the work and shall be responsible for
repair of all damage to existing pavement or facilities caused by his
operations.
B. Beginning date of Contractor's Responsibility: the Contractor's _
responsibility for maintenance of traffic shall begin on the day he starts
the work and continue until Final Completion and Acceptance of the
Project.
X
C. Sections Not Requiring Traffic Maintenance: the Contractor will not be
required to maintain traffic over those portions of the Project where e®
no work is to be accomplished or where construction
operations will not affect aircraft operations. The Contractor,
however, shall not obstruct nor create a hazard to any traffic during the U)
prosecution of the work and shall be responsible for repair of any
damage to existing pavement or facilities caused by his
operations.
D. Traffic During Construction: All construction vehicles are required to `V
use existing traffic routes. Normal traffic lanes are not to be used as >-
staging areas for arriving delivery vehicles. The Contractor's employees �--
shall utilize the designated Contractor employee parking area.
2
E. Contractor Signing: The Contractor may furnish and install
construction traffic directional signs along the existing traffic route. The
signs shall depict Contractor's logo or name, directional arrows and
"deliveries". Signs shall be of sufficient size to have 8" high message
and shall be located at each decision point. All signs and their locations
shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE
PERMITTED.
F. Material Deliveries: The Contractor shall make his own material and
equipment deliveries. No deliveries shall be made by vendors or
suppliers without escort by a representative of the Contractor.
G. Notification: On days when construction traffic is expected to be
extra heavy or when oversized pieces of equipment are to be
delivered, give minimum forty-eight (48) hours notice to the
Engineer.
H. All Contractor's material orders for delivery to the work site will use
as a delivery address, the street name and number assigned to the
SPECIAL PROVISIONS IV-10
Packet Pg. 1061
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
access point onto the airport. The name KEY WEST
INTERNATIONAL AIRPORT shall not be used in the delivery
address at any time. This will preclude delivery trucks from
entering into aircraft operations areas inadvertently. All Contractor
material orders for the work site shall be delivered to the areas
designated as the Contractor's receiving area. All deliveries shall be
made only during the Contractor's working hours.
I. Interference Request:
1) The Contractor shall be responsible for notifying the Owner in
writing and securing approval for any and all interruptions or
interference with traffic (pedestrian, automobile, or other
necessary function of the Airport or any of the Airlines).
2) The request shall include a traffic control plan indicating
barricades, lighting and flagmen where required. e®
3) Such notification shall be made as soon as possible but in
no case less than 48 hours prior to interference.
4) It is suggested that the Contractor utilize a standard form
addressed to the Owner with a blank space for a description of
the interference, the exact area affected, the exact times and n,
dates the interference will take place and blanks for the Owner's
approval. The forms shall be submitted in duplicate. No
interference will be allowed until the Contractor has received
back a copy of the approved interference request form.
2
J. Personnel Traffic: c
0.
1) General: All construction personnel shall be restricted to
construction areas. They shall wear shirts with sleeves and long
pants at all times.
2) Use of Public Areas: The Contractor's workmen shall not
utilize public areas for taking their "work breaks" or
"Iunchbreaks". Areas for this purpose can be designated by the
Owner upon request. No Public Toilets shall be used by any
workmen at any time.
20. DAILY CLEAN-UP AND TRASH REMOVAL.
A. Debris from this work shall be promptly removed from the site at least daily. It
shall not be allowed to become a hazard to the safety of the public.
B. The Contractor shall be responsible for clean-up and trash removal.
SPECIAL PROVISIONS IV-11
Packet Pg. 1062
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Accumulation of trash and debris will not be allowed and the RPR may
at any time direct the Contractor to immediately remove his trash and
debris from the site of the work when in the opinion of the Owner such trash
constitutes a nuisance or in any way hinders the work or the Airports operations.
If the Contractor should fail to remove his trash and debris from the site of the
work in a timely manner, the Owner may have this work performed and deduct
the cost of such from Contractor's payment.
21. CLEANING AND PROTECTION.
A. General: During handling and installation of work at the project site, clean and
protect work in progress and adjoining work on the basis of
continuous daily maintenance. Apply protective covering on installed work to
ensure freedom from damage or deterioration.
B. Clean and perform maintenance on installed work as frequently as
necessary through the remainder of the construction period. Adjust and e®
lubricate operable components to ensure operability without damaging effects.
C. Limiting Exposure of Work: To the extent possible through appropriate
control and protection methods, supervise performance of the work in
such a manner and by such means which will ensure that none of the
work, whether completed or in progress, will be subjected to harmful,
dangerous, damaging or otherwise deleterious exposure during the
construction period. Such exposures include, where applicable, but not by way `V
of limitation the following: �-
1) Excessive static or dynamic loading E
2
2) Excessive internal or external pressures
3) Solvents
4) Chemicals
5) Light
6) Puncture
7) Abrasion
8) Heavy Traffic
9) Soiling
10) Combustion
11) Improper shipping or handling
12) Theft
13) Vandalism
SPECIAL PROVISIONS IV-12
Packet Pg. 1063
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
D. Protection at Openings: Contractor shall provide protection at all openings in
structures and finishes to maintain the building weather and dust tight. All
protection shall be of solid material and substantial so that it will not be
disturbed by wind and weather normal to the area and season, and also tight
fitting to prevent noise infiltration.
E. Protection of Improvements:
1) Damage to Existing Facilities: Existing surfaces and materials of the
Owner's property not requiring work by the Contract Documents that
is damaged by the Contractor's operations shall be
immediately repaired. Repaired surfaces and materials shall match
existing adjacent undamaged surfaces and materials. Repair work shall
be coordinated with the Engineer and Owner with regard to time and
method.
2) Accidental Demolition: All structures or parts thereof that may
become damaged due to accident or Contractor's error shall be
restored to their original condition at no cost to the Owner.
Materials and equipment being used in the repair or replacement
resulting from damage shall be new and shall perform at the
manufacturer's published capacities. If the existing equipment or
materials cannot be identified, or if unavailable, the selection of the
replacement will be subject to approval by the Engineer in writing.
cv
F. Overhead Protection
1) No cranes or other construction equipment shall cross over non-
construction personnel, their travel ways or ride systems.
2
2) The plan of operation of cranes and other hoisting equipment shall be c
established in writing by the Contractor. This plan of operation shall CL
U-
be subject to approval by the Engineer.
22. CONSERVATION AND SALVAGE
A. General: It is a requirement for supervision and administration of the Work that
construction operations be carried out with the maximum possible
consideration given to conservation of energy, water and materials. In
addition, maximum consideration shall be given to salvaging materials and
equipment involved in performance of the work but not incorporated
therein. Refer to other sections for required disposition of salvaged
materials which are the Owner's property.
23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all
initial construction "acceptance" testing costs shall be borne by the Owner. An
independent testing laboratory selected and responsible to the Engineer shall perform
all "acceptance" testing required by the technical specifications or as directed by the
SPECIAL PROVISIONS IV-13
Packet Pg. 1064
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Owner and/or the Engineer.
24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the
cost of testing under the following conditions:
A. If substitute materials or equipment are proposed by the Contractor, he
shall pay the cost of all tests which may be necessary to satisfy the
Engineer that specification requirements are satisfied. The Contractor
shall pay for the Engineer's time spent in review and administrating such
proposed substitution.
B. If materials or workmanship are used which fail to meet specification
requirements, the Contractor shall pay the cost of all testing deemed necessary
by the Engineer to determine the safety or suitability of the material or
element.
C. The Contractor shall pay for all testing costs including, but not limited to,
power, fuel, and equipment cost which may be required for complete
testing of all equipment and systems for proper operation.
D. The Contractor shall pay for all testing required for materials, job mix
designs, equipment, structures and related items included in all shop
drawings and other submittals as required by the Technical Specifications to be
submitted and approved by the Engineer prior to construction.
25. PROJECT DOCUMENTATION.
A. Project Drawings: The successful Contractor will be furnished, at
no charge, four (4) copies of drawings and specifications. Additional copies
may be purchased at actual cost of reproduction. c
CL
A field set of drawings and specifications shall remain on thejob site at all times
and shall be available at all times to the Engineer. The field set shall be
continuously updated to reflect the "as-built" condition of all work included in
this Contract.
The Contractor shall immediately include plainly and conspicuously on the field
set of drawings, and at appropriate paragraphs in the specifications, all
changes or corrections made by addenda and change orders as they are
issued.
Approved copies of all shop drawings and other submittals are to be kept on
the job site at all times and shall be available at all times to the
Engineer.
Changes and deviations from the existing conditions shall be submitted in
writing for approval by the Engineer or Owner prior to installation. In no case
SPECIAL PROVISIONS IV-14
Packet Pg. 1065
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
shall any unspecified equipment or materials be installed without prior
approval by the Engineer.
B. Record Documents:
1) Definition: Record copies are defined to include those documents or
copies relating directly to performance of the work, which the
Contractor is required to prepare or maintain for the Owner's
records, recording the work as actually performed. In particular,
record copies show changes in the work in relation to the way in
which shown and specified by the original contract documents; and _
show additional information of value to the Owner's records, but not
indicated by the original Contract Documents. Record copies
include newly-prepared drawings (if any are specified), marked-up
copies of contract drawings, shop drawings, specifications,
addenda and change orders, marked-up product data submittals, record
samples, field records for variable and concealed conditions such as
excavations and foundations, and miscellaneous record information on
work which is otherwise recorded only schematically or not at all.
2) Record Drawings: The Contractor shall maintain a set of Record
Drawings at the job site. These shall be kept legible and current
and shall be available for inspection at all times by the Engineer. Show
all changes or work added on these Record Drawings in a contrasting
color.
a) Mark-up Procedure: During progress of the work, maintain a
white-print set (blue-line or black-line) of contract drawings
and shop drawings, with mark-up of actual installations which
vary substantially from the work as originally shown. Mark
whatever drawing is most capable of showing actual physical CL
condition, fully and accurately. Where shop drawings are
marked up, mark cross-reference on contract drawings at
corresponding location. Mark with erasable colored
pencil, using separate colors where feasible to distinguish
between changes for different categories of work at the same
general location. Mark-up important additional information which
was either shown schematically or omitted from original
drawings. Give particular attention to information on
work concealed, which would be difficult to identify or
measure and record at a later date. Note alternate
numbers, change order numbers and similar identification.
Require each person preparing the mark-up to initial and date
the mark-up and indicate the name of the firm. Label each
sheet "PROJECT RECORD" in 1-1/2 inch high letters.
In showing changes in the work use the same legends as
used on the original drawings. Indicate exact locations by
SPECIAL PROVISIONS IV-15
Packet Pg. 1066
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
dimensions and exact elevations by job datum. Give
dimensions from a permanent point.
b) Preparation of Record Drawings: In preparation for
certification of substantial completion on the last major
portion of the work, review the completed mark-up of record
drawings and shop drawings with the Engineer. The
Engineer will then proceed with preparation of a full set of
corrected contract drawings. The Engineer will date each
updated drawing and label each sheet "PROJECT
RECORD" in 1-1/2 inch high letters. Printing as required
herein is the responsibility of the Engineer.
3) Copies, Distribution: Upon completion of record drawings, the
Engineer shall prepare blue-line or black-line prints of each
drawing, regardless of whether changes and additional information
were recorded thereon. The Engineer shall then organize into
manageable sets, bind with durable paper cover sheets, and print
suitable titles and dates. The markup set of prints maintained
during the construction period shall be bound in the same manner.
The Engineer will retain one copy set. At the completion of the project,
the Engineer shall submit one set of prints, with changes noted thereon,
to the Owner. Record Drawings shall contain the names, addresses
and phone numbers of the General Contractor and the major sub-
contractors.
4) The Engineer shall be the sole judge of the acceptability of the
Record Drawings. Receipt and acceptance of the As-Built
drawings is a pre-requisite for Final Payment.
2
C. Record Specifications c
0.
1) During progress of the work, maintain one copy of specifications,
including addenda, change orders and similar modifications issued in
printed form during construction, mark-up variations (of
substance) in actual work in comparison with text of specifications and
modifications as issued. Give particular attention to
substitutions, selection of options, and similar information on work
where it is concealed or cannot otherwise be readily discerned at a later
date by direct observation. Note related record drawing
information and product data where applicable. Upon completion of the
mark-up, submit to the Engineer for the Owner's records. Label the front
cover"PROJECT RECORD" in 1-1/2 inch high letters.
2) Where the manual is printed on one side of the page only, mark
variations on blank left-hand pages of the Project Manual, facing
printed right-hand pages containing original text affected by
variation.
SPECIAL PROVISIONS IV-16
Packet Pg. 1067
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
D. Record Product Data
During progress of the work, maintain one copy of each product data
submittal, and mark-up significant variations in the actual work in
comparison with submitted information. Include both variations in product as
delivered to site, and variations from manufacturer's instructions and
recommendations for installation. Give particular attention to concealed
products and portions of the work which cannot otherwise be readily
discerned at a later date by direct observation. Note related change
orders and mark-up of record drawings and specifications. Upon
completion of the mark-up, submit the complete set of product data
submittals to Engineer for the Owner's records. Label each data
submittal "PROJECT RECORD" in 1-1/2 inch high letters.
E. Record Sample Submittal
X
Immediately prior to the date(s) of substantial completion, the Engineer and
Owner's personnel will meet with the Contractor on site, and will
determine if any of the submitted samples maintained by the Contractor during
progress of the work are to be transmitted to the Owner for record purposes.
Comply with the Engineer's instructions for packaging, identification
marking, and delivery to the Owner's sample storage space. Dispose of other
samples in the manner specified for disposal of surplus and waste materials,
unless otherwise indicated by the Engineer.
F. Miscellaneous Record Submittals
Refer to other sections of these specifications for requirements of .�
miscellaneous record-keeping and submittals in connection with actual
performance of the work. Immediately prior to the date(s) of substantial
completion, complete miscellaneous records and place in good order,
properly identified and bound or filed, ready for continued use and
reference. Submit to the Engineer for the Owner's records. Categories of
requirements resulting in miscellaneous work records are recognized to include,
but are not limited to, the following:
1) Required field records on excavations, foundations underground
construction, wells and similar work.
2) Surveys by a Registered Land Surveyor establishing lines and
elevations of finished construction.
3) Inspection and Test Reports: Where not processed as shop
drawings or product data.
4) Asphalt or PCC pavement or backfill mix design record and/or
certifications.
5) Concrete mix certifications.
SPECIAL PROVISIONS IV-17
Packet Pg. 1068
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
6) Manufacturer's certifications that all fence component materials conform
to specified ASTM specifications. Certifications shall be accompanied
by reports containing the test results for which the certifications are
made.
G. Project Close-out
Project close-out is hereby defined to include general requirements near end
of Contract Time, in preparation for final acceptance, final payment, normal
termination of contract, occupancy by the Owner and similar actions
evidencing completion of the work. Specific requirements for individual _
units of work are specified in other sections. Time of close-out is directly
related to substantial completion, and therefore may be a single time period
for the entire work or a series of time periods for individual parts of the work
which have been certified as substantially complete at different dates. The
time variation, if any, shall be applicable to other provisions of this section.
H. Prerequisites to Substantial Completion
1) Prior to requesting the Engineer's inspection for certification of U)
substantial completion, for either the entire work or portions thereof,
complete the following and list known exceptions in request:
a) In progress payment request coincident with, or first
following the date claimed, show 100% completion for the `V
portion of work claimed as "substantially completed", or list >-
incomplete items, value of incompleteness, and reasons for
being incomplete.
2
b) Include supporting documentation for completion as
indicated in the Contract Documents. CL
c) Submit statement showing accounting of changes to the
Contract Sum.
d) Advise the Owner of pending insurance change-over
requirements.
e) Obtain and submit releases enabling the Owner's full and
unrestricted use of the work and access to services and
utilities, including, where required, occupancy permits,
operating certificates, and similar releases.
f) Deliver tools, spare parts, extra stocks of materials, removed
light fixtures, transformers and similar physical items to the
Owner.
SPECIAL PROVISIONS IV-18
Packet Pg. 1069
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
g) Make final change-over of locks and transmit keys to the Owner,
and advise Owner's personnel of change-over in security
provisions.
h) Complete start-up testing of systems, and instructions of
Owner's operating-maintenance personnel. Discontinue, or
change over and remove from project site, temporary
facilities and services, along with construction tools and
facilities, mock-ups, barricades and similar elements.
2) Inspection Procedures: Upon receipt of the Contractor's request, the
Engineer will proceed with inspection or advise the Contractor of
prerequisites not fulfilled. Following initial inspection, the Engineer
will prepare a Certificate of Substantial Completion or advise
the Contractor of work which must be performed prior to issuance
of the Certificate and will perform a repeat inspection when
requested and assured by the Contractor that the work has been
substantially completed. Results of the completed inspection will
form an initial "punchlist" for final acceptance.
I. Prerequisites to Final Acceptance
1) Prior to requesting the Engineer's final inspection for certification
of final acceptance as required by the General Provisions, the
Contractor shall complete the following and list known exceptions in the
request: �-
a. Submit certified copy of the Engineer's final punchlist of
itemized work to be completed or corrected, stating that
each item has been completed or otherwise resolved for
acceptance, endorsed and dated by the Engineer.
b. Complete final cleaning up requirements, including touch-up of
marred surfaces.
C. Touch-up and otherwise repair and restore marred exposed
finishes.
2) Re-inspection Procedures: Following Substantial Completion,
the Contractor shall correct or remedy all Punchlist items to
the satisfaction of the Engineer and Owner within a two (2)week period
after the Date of Substantial Completion. If subsequent inspections are
necessary after the two week period in order to eliminate all
deficiencies, the cost of all subsequent inspections with respect to the
Owner and Engineer's time shall be paid by the Contractor. When
ready, the Contractor shall request in writing a final
inspection of the work. Upon completion of re-inspection, the
Engineer will prepare a Certificate of Final Acceptance or advise the
SPECIAL PROVISIONS IV-19
Packet Pg. 1070
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractor of work not completed or obligations not fulfilled as required
for Final Acceptance. If necessary, the procedures will be repeated.
J. Prerequisites to Final Payment
1) Final Payment: Final Payment will be made after final acceptance
of the project by the Engineer and Owner upon request by the
Contractor on condition that the Contractor:
a) Furnish properly executed complete releases of lien from all
material men and subcontractors who have furnished _
materials or labor for the Work and submit supporting
documentation not previously submitted and accepted.
Include certificates of insurance for products and completed
operations where required.
b) Furnish the Contractor's Affidavit of Release of Liens (2
copies) that all material men and subcontractors have been paid
in full. In the event they have not been paid in full, the Owner
shall retain a sufficient sum to pay them in full and at his option U)
may make direct payment as provided in Chapter 713, Florida
Statutes, as amended, to obtain complete releases of lien.
This authorization to make a direct payment is not an
acknowledgement or waiver by the Owner that an unpaid ,
Subcontractor Material man may seek payment from the Owner
rather than from the Public Construction Bond Surety as
required by Sect. 255.05, F.S.
c) Furnish Contractor's Affidavit of Debts and Claims (2
copies).
d) Furnish required sets of record drawings and maintenance and
operating instructions of new mechanical equipment.
e) Furnish guarantees signed by subcontractors, material
suppliers, and countersigned by the Contractor for operating
equipment.
f) Submit specific warranties, workmanship-maintenance
bonds, maintenance agreements, final certifications and
similar documents.
g) Furnish a signed guarantee, in form acceptable to Engineer and
Owner agreeing to repair or replace as decided by the Engineer,
all work and materials that prove defective within one (1) year
(or more) from the date of final acceptance, including
restoration of all other work damaged in making such repairs
or replacements.
SPECIAL PROVISIONS IV-20
Packet Pg. 1071
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
h) Furnish consent of Surety to final payment.
i) Submit updated final statement, accounting for final changes to
Contract Sum.
D Submit evidence of final, continuing insurance coverage
complying with insurance requirements.
k) Certify that all Social Security, Unemployment and all other
taxes (City, State, Federal Government) have been paid.
I) Provide receipt, as applicable, of affidavits certifying all labor
standards of local, State, or Federal requirements have been
complied with by the Contractor.
X
K. Record Document Submittals
Specific requirements for record documents are shown in the section,
PROJECT RECORD DOCUMENTS. Other requirements are indicated in the
General Provisions. General submittal requirements are indicated in
"Submittals" sections. Do not use record documents for construction
purposes; protect from deterioration and loss in a secure, fire-resistive location;
provide access to record documents for the Engineer's reference during normal
working hours. ,
cv
1 ) Record Drawings: The Engineer shall organize record drawing >_
sheets into manageable sets, bind with durable paper cover sheets, and --
print suitable titles, dates and other identification on cover of each
set.
0
2) Record Specifications: Upon completion of mark-up, submit to the
CL
Engineer for the Owner's records.
3) Record Product Data: Upon completion of mark-up, submit a
complete set to the Engineer for the Owner's records.
4) Record Sample Submittal: Comply with the Engineer's instructions for
packaging, identification, marking, and delivery to the Owner's sample
storage space.
5) Miscellaneous Record Submittals: Complete miscellaneous
records and place in good order, properly identified and bound or
filed, ready for continued use and reference. Submit to the
Engineer for the Owner's records.
6) Maintenance Manuals: Complete, place in order, properly identify and
submit to the Engineer for the Owner's records.
SPECIAL PROVISIONS IV-21
Packet Pg. 1072
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
L. Close-out Procedures
General Operating and Maintenance Instructions: Arrange for each
installer of work requiring continuing maintenance or operation, to meet
with the Owner's personnel at the project site to provide basic instructions
needed for proper operation and maintenance of the entire work. Include
instructions by manufacturer's representatives where installers are not
expert in the required procedures. Review maintenance manuals, record
documentation and materials, lubricants, fuel, identification system, control
sequences, hazards, cleaning and similar procedures and facilities. For
operational equipment, demonstrate start-up, shut-down, emergency
operations, safety, economy, efficiency adjustments, and similar _
operations. Review maintenance and operations in relation with
applicable warranties, agreements to maintain bonds, and similar continuing
commitments. Permit owner employees to video tape operating and
maintenance instructions.
26. FINAL CLEANING.
A. Provide final cleaning of the work, at the time indicated, consisting of
cleaning each surface or unit of work to normal "clean" condition. U)
B. Removal of Protection: Remove temporary protection devices and
facilities which were installed during the course of the work to protect
previous completed work during the remainder of the construction period.
cv
C. Compliances: Comply with safety standards and governing regulations for >-
cleaning operations. Do not burn waste materials at site, nor bury debris or �-
excess materials on Owner's property. Do not discharge volatile or other
harmful or dangerous materials into drainage systems. Remove waste
materials from site and dispose of in a lawful manner.
Where extra materials of value remain after the completion of the
associated work have become the Owner's property, dispose of these as
directed by the Owner.
SPECIAL PROVISIONS IV-22
Packet Pg. 1073
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 2
NOTICE TO PROCEED , CONSTRUCTION
PHASING AND WORK SEQUENCING
NOTICE TO PROCEED
To avoid the Contractor from being held responsible for delays in
obtaining the necessary permits, and having these delays deducted from
the total calendar days provided in the contract to complete construction,
two (2) Notice to Proceeds will be issued as follows:
A. Notice to Proceed Permits
A Notice to Proceed permit will be issued ten (10) days after award of
contract. At this time the Contractor shall accomplish the following
activities, but not limited to:
1. Obtain permits as required for construction.
2. Prepare and transmit all shop drawings, submittals and
certifications as required by the Contract Documents to the
Engineer for review and approval.
3. Place orders for the purchase and delivery of equipment, materials
and supplies required to complete the work in accordance with the
Contract Documents.
4. Prepare his staging area and establish haul routes.
5. Mobilize equipment, materials and supplies in Contractor's
staging area. No men, equipment, materials or supplies
will be allowed outside the staging area during this time
unless otherwise authorized by the Engineer. E
No onsite construction activities shall be accomplished and the airport
shall remain open to aircraft operations during this time. It is anticipated
that the Notice To Proceed Permits will be issued in June 2021.
B. Notice to Proceed Construction
Only after the Contractor has obtained all the necessary permits, will the
Notice to Proceed Construction be issued, which shall state the date
on which it is expected the Contractor will begin the construction and
from which date contract time will be charged.
The Contractor shall submit a construction progress schedule to the
Engineer in accordance with Section 16 of Special Provision No. 1. The
SPECIAL PROVISIONS IV-23
Packet Pg. 1074
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
progress schedule shall indicate the phasing and work sequencing
anticipated to be accomplished by the Contractor. No actual work shall
begin until the construction progress schedule has been approved by
the Engineer.
It is anticipated that Notice to Proceed Construction will be issued in June
2021. At this time the Contractor shall develop all the construction activities
necessary to complete the work in accordance with the contract documents.
three hundred and sixty-five (365) calendar days will be allowed to
complete the work in its entirety.
Construction work under this project will be accomplished during the day-
time unless otherwise shown on the plans. The construction work
included in this project has to be done as shown on the plans.
CONSTRUCTION PHASING AND WORK SEQUENCING
Upon completion of the work, and before final payment, the contractor shall
remove all equipment, surplus and discarded materials, rubbish, and shall
submit an as-built information signed and sealed by a professional land
surveyor.
N
During the week of Fantasy Fest(October 31) and New Year week the contractor
shall coordinate with the airport manager, RPR, and FBO's to isolate his work in
some specific areas. The airport manager may instruct the Contractor to
stop the work during this time. No additional time and/or cost will be granted to
the Contractor. c
CL
SPECIAL PROVISIONS IV-24
Packet Pg. 1075
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 3
CONTRACT TIME AND LIQUIDATED DAMAGES
CONTRACT TIME
NOTICE TO DESCRIPTION CONTRACT
PROCEED TIME TO
COMPLETE
This notice shall allow the Contractor to
obtain any necessary
construction permits required to
accomplish the work. Also,
NOTICE TO PROCEED during this time, the Contractor shall 120 Calendar
PERMITS/ order and deliver materials, Days
PERMITS/
DMINISTRATIVE equipment and supplies needed to
complete the work. No on-site
construction activities shall be
accomplished and the Airport
hall remain open to aircraft operations
during the stage.
2
0
NOTICE TO Project consists of the extension of
PROCEED Taxiway A and the associated work Maximum 365
CONSTRUCTION items. It also consists of the Calendar Days E
establishment of mitigation areas.
SPECIAL PROVISIONS IV-25
Packet Pg. 1076
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
LIQUIDATED DAMAGES
If the work is not completed in accordance with the Contract, the Contractor will be assessed
liquidated damages listed below for each calendar day the work overruns the allotted contract time.
NOTICE TO PROCEED LIQUIDATED DAMAGES
Failure to Open Runway 9-27, $100 per minute beyond 6:00 AM for the first 15 minutes
Taxiway A and Taxiway Al and $2,000 per 15 minutes beyond the first 15 minutes.
Notice to Proceed Permit None (no on-site construction) activity is being
accomplished this time
X
If the Contractor fails to achieve final completion within the
365 calendar days fixed therefore by the Engineer in its
Notice to Proceed partial certificate of substantial completion, the Contractor
Construction shall pay the owner the sum of 5 000.00 per day,
thereafter for each and every calendar day of unexcused
delay in achieving final completion beyond the date set forth
herein for final completion of this work.
cv
2
0
CL
SPECIAL PROVISIONS IV-26
Packet Pg. 1077
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 4
PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS
AND WEATHER BUREAU FACILITIES
A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAI DS
including, without limitation, airfield lighting systems, electric cables and controls relating
to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must
be fully protected during the entire construction time. Work under this contract can be
accomplished in the vicinity of these facilities and cables only at approved periods of
time.
Approval is subject to withdrawal at any time because of change in the weather, emergency
conditions on the existing airfield areas, anticipation of emergency conditions, and for any
other reason determined by the Resident Project Representative (RPR) acting
under the orders and instructions of the airport management and the designated FAA
representative. Any instructions to this contractor to clear any given area at any time
by the RPR or the Airport Management shall be immediately executed.
Construction work will be commenced in the cleared area only when additional
instructions are issued by the Engineer.
B. Power and control cables leading to and from any FAA NAVAIDS and other facilities
have been located and shown from best available information and are approximate. The
Contractor shall verify actual locations. Through the entire time of this construction, n,
the Contractor shall not allow any construction equipment to cross power and
control cables leading to and from any FAA NAVAIDS or other facilities without first
protecting the cable with steel boiler plate, or similar structural devices, on three (3')
feet either side of the marked cable route. All excavation within three (3') feet of
existing cables shall be accomplished by hand digging only.
0
C. This Special Provision intends to make perfectly clear the need for protection of FAA
NAVAIDS and other facilities and cables by this contractor at all times.
D. The Contractor shall immediately repair, at his own expense, with identical material
by skilled workmen, any underground cables serving FAA NAVAIDS and other airport
facilities, which are damaged by his workmen, equipment, or work. Prior approval of the
FAA must be obtained for the materials, workmen, time of day or night, method of repairs,
and for any temporary or permanent repairs the Contractor proposes to make to any FAA
NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer
must be obtained for the materials, workmen, time of day or night, and for the method of
repairs for any temporary or permanent repairs the Contractor proposes to make to any other
airport facilities and cables damaged by this Contractor. If any repair requires splicing, it
shall be spliced at the direction of the Engineer. No work shall be backfilled or covered
prior to approval by the Engineer.
E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits
and light fixtures on site to temporarily jump around damaged or cut cables and fixtures if
necessary to make the existing runway/taxiway/NAVAIDS systems operational during
scheduled aircraft operation periods.
SPECIAL PROVISIONS IV-27
Packet Pg. 1078
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-28
Packet Pg. 1079
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 5
RESIDENT PROJECT REPRESENTATIVE
1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be
performed by the Engineer or his duly authorized representative.
2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE. The RPRs Inspector's
duties and responsibilities are to:
a. Monitor performance of the Contractor; require correction of work that does not
meet plans and specifications; and report serious problems to the Engineer and
Owner.
b. Determine test sites/locations, coordinate and supervise testing. e®
C. Interpret plans and specification details.
d. Resolve minor construction problems.
e. Maintain project records.
cv
f. Review and approve requests for payment to the Contractor.
g. Conduct day-to-day construction observations.
h. Maintain a project diary on a daily basis.
I. Maintain up-to-date records on quantities of work performed and
quantities of materials in place.
j. Contact Engineer for advice and assistance when needed and when major
problems arise.
k. Recommend to the Engineer when a Change Order or Supplemental Agreement is
required.
SPECIAL PROVISIONS IV-29
Packet Pg. 1080
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-30
Packet Pg. 1081
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 6
SAFETY AND SECURITY REQUIREMENTS
1. SAFETY REQUIREMENTS
A. Construction Sequencing. All construction being accomplished under this
contract shall be in accordance with the sequencing indicated on the
drawings.
B. Radio Communications. When working in an Air Operations Area (AOA),
whether closed or not, the Contractor shall maintain communications by two-
way radio with the Airport Radio Frequency during all hours of Radio
Frequency operations. The Contractor's radios shall be capable of
operating on the ground control frequency assigned to the Radio
Frequency. The radio operator shall be trained on the use of the radio,
including the terminology normally used on airports for ground control
communications. If the Contractor is operating in more than one general area
on the airport at the same time, additional radios shall be provided to allow U)
coordination of work activities with the Airport Frequency. ca
In addition to the above requirements for radios for use by Contractor's
personnel, the Contractor shall provide a similar two-way radio for
exclusive use by the Resident Inspector during normal working hours `V
throughout the contract time period.C. Construction Activity and Aircraft Movements. During the time
that the Contractor is performing some work, the Airport will
remain in use by aircraft except as provided herein. To the extent c
feasible and convenient, in the opinion of the Engineer, the use by
aircraft of runways and taxiways adjacent to areas where the
Contractor is working will be so scheduled as to reduce disturbance to the
Contractor's operations. Aircraft operations, unless otherwise specified in
the contract specifications, shall always have priority over any and all of
the Contractor's operations and the Contractor shall not allow his
employees, sub-contractors, material men or any other persons over
whom he has control, to enter or remain upon or allow any plant or
materials to be brought or remain upon any part of the airport
which, in the opinion of the Engineer, would be a hazardous location.
Should aprons, runways or taxiways be required for use of aircraft and
should the Engineer or Resident Inspector deem the Contractor to be too
close to the portion used by aircraft for safety, he may in his sole
discretion order the Contractor to suspend his operations, remove his
personnel, plant, equipment and materials to a safe distance and stand by
until the runway and taxiways are no longer required for use by aircraft.
SPECIAL PROVISIONS IV-31
Packet Pg. 1082
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
D. Limitations of Construction
1) All Contractor vehicles that are authorized to operate on the Airport outside
of the designated construction area limits or haul routes as specified on the
plans and in the active Aircraft Operations Area (AOA) shall display in full
view (3600) above the vehicle a 3' x 3' or larger orange and white
checkerboard flag, each checkerboard color being 1' square. Any
vehicle operating in the active AOA during the hours of darkness shall
be equipped with a flashing amber (yellow) dome-type light mounted
on top of the vehicle display in full view (3600) and of such intensity to
conform to local codes for maintenance and emergency vehicles.
2) All Contractor vehicles that are required to cross active runways, taxiways and
approach clear zones shall do so under direct control of a flagman. The
flagman shall be trained and instructed by Airport Operations in the
regulations governing operations on the AOA and the Airport. The flagman
shall remain with his vehicle at all times. All aircraft traffic on runways,
taxiways and aprons shall have priority over Contractor's traffic. In the event
that flagman is not available, the Contractor must provide his authorized
personnel with radios operating on the local ground control frequency of 121.9 U)
for clearance when crossing active runways or taxiways.
3) No runway, taxiway apron or aircraft roadway shall be closed without
written approval of the Airport Manager to enable necessary Notices to
Airman (NOTAM) or advisories to airport service or tenants. A minimum
of 48 hours notice of requested closing shall be directed to the Engineer >-
who will coordinate the request with the Airport Manager. --
4) Any construction activity within 200' of an active runway centerline or 92'
from an active taxiway centerline or open excavations in excess of three
inches (Y) deep within the above areas will require closure of the affected CL
runway or taxiway unless otherwise approved by the Airport
Manager. Closure requires the same provisions as Paragraph 3) above.
5) Open flames, welding or torch-cutting operations are prohibited unless
adequate fire and safety precautions have been taken and the procedure
approved by the Airport Manager.
6) Stockpiled material shall be constrained in a manner to prevent movement
resulting from aircraft blast or wind conditions in excess of 10 knots.
SPECIAL PROVISIONS IV-32
Packet Pg. 1083
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
7) Open trenches, excavation and stockpiled material located in the AOA shall
be prominently marked with flags and lighted by approved light units
during hours of visibility and darkness.
8) Contractor to provide barricades across pavement to isolate
construction activities from aircraft operating areas at locations as determined
by the Resident Inspector. Barricades to be orange and white striped ,
low-profile type barricades with battery operated red flashing lights or
approved equal. Each barricade shall have a minimum of two flashing
lights with the intensity of the lights being of such brightness so as to be
readily identified during darkness periods. Barricades to be spaced
continuously. Barricades are to be sandbagged as necessary to prevent from
being blown over. Barricades shall be removed at individual locations as
paving in the area is completed. Cost of barricades shall be incidental
and included in the mobilization cost.
9) During runway closures, the Contractor shall use the runway closure
markers (lighted X) provided by the Airport on each runway end (over
runway numerals) in accordance with the special provisions of these
specifications unless otherwise approved by the Engineer.
10) The Contractor shall keep all active airfield pavement clear of all debris, stones
and other materials during construction. All active pavement shall be cleaned
and inspected by the Contractor's superintendent prior to release of work n,
crews after each shift of work.
1 1 ) All construction barricades shall be inspected by the Contractor's
superintendent prior to release of work crews after each work shift to ensure E
barricades are properly placed and lighted for non-work hours.
0
CL
12) Equipment, materials, open trenches, excavation and stockpiled material will
not be allowed within 250' of centerline of active runways or within 92'
of active taxiways after work operations are ceased each work shift.
Coverings for open trenches must be of such strength as to support the
weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type
undercarriage.
13) All existing facilities, equipment (runway/taxiway lights, visual aids,
NAVAIDS, etc.) and underground utilities shall be carefully
protected by the Contractor. Any damage to these items caused by
SPECIAL PROVISIONS IV-33
Packet Pg. 1084
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
the Contractor or Sub-Contractors shall be immediately repaired and
restored to a condition similar or equal to the original condition.
E. Payment. No separate payment shall be made for the
safety requirements stated above. All costs necessary to provide these
items or services shall be included in other bid items quoted in the Bid
Proposal.
2. SECURITY REQUIREMENTS - CONTRACTOR
A. General Intent. The Contractor shall comply with all security requirements
specified herein. The Contractor shall designate in writing the name of his
Contractor Security Officer (CSO). The CSO shall represent the
Contractor on the security requirements of the contract.
B. Construction Security Committee. The committee shall be established by
the Manager or Director concurrent with the life of this contract to monitor,
coordinate and adopt new security procedures relating to this contract.
Meeting shall be scheduled by the Manager or Director. Committee
membership shall include the CSO, the Manager or Director and such
other personnel as the Manager or Director may designate.
C. Contractor Personnel Security Orientation. The CSO shall be
responsible for briefing all contractor personnel on these requirements
and, from time to time, other security provisions adopted by the Construction
Security Committee. All new contractor employees shall be briefed on these >-
requirements prior to working in the construction area.
D. Access to the Site. Contractor's access to the site shall be as shown on the
plans. No other access points shall be allowed unless approved by the c
Manager or Director. All contractor traffic authorized to enter the site CL
shall be operated by personnel experienced in the route or
guided by contractor personnel. The Contractor shall be
responsible for traffic control to and from the various construction E
areas on airport property. The Contractor shall be responsible for
immediate clean-up of any debris deposited along any route
resulting from his construction traffic. Directional signing at
the access point and along the delivery route to the storage area or
work sites shall be as directed by the Resident Project Engineer or
Representative.
E. Materials Delivery to the Site. All Contractor's material deliveries to the site
shall enter the airport only at designated gates and such deliveries
shall be escorted to the construction site by experienced
contractor personnel. This will preclude delivery trucks from entering
into the airport or taking short cuts through the perimeter gates and
entering into aircraft operation areas inadvertently.
SPECIAL PROVISIONS IV-34
Packet Pg. 1085
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
F. Identification - Vehicles. The Contractor shall establish and maintain a
list of contractor and sub-contractor vehicles authorized to operate on the
site. Vehicle permits shall be assigned in a manner to assure positive
control of all vehicles at all times. Each vehicle shall display a large
company sign on both sides of vehicles. The CSO shall maintain
a current list of companies authorized to enter and conduct
work on the airport. Employee personal vehicles shall be parked in
designated areas. These vehicles shall not enter the airfield at any time.
All vehicles and equipment entering the job site shall display the
company's logo and/or name.
The Contractor shall disconnect backup beepers and prevent banging
tailgates during nighttime operations. The Contractor will be required to
use flaggers to direct equipment movement in the staging area during
nighttime hours.
G. Identification — Personnel (As Applicable). The Contractor's on site
personnel shall be badged with identification from the Key West
International Airport. The contractor's supervisor shall submit to a criminal
history fingerprints check from the FBI via the Key West International
Airport Security manager. All supervisors shall be required to attend an
Airport Orientation seminar presented by the airport operations and
security unit. All other non-supervisory personnel of the contractor
and subcontractor shall be issued a construction worker security
badge supplied by the Key West International Airport, said badges
will be issued to the Head Contractor for said project. The head >-
contractor shall maintain a master list of all personnel issued said
contractor security badges. The list shall be made available for the
airport security unit inspection during all hours of construction on
the airport. All personnel shall wear their badges on the outermost portion
of their garment above their waist at all times while on the airport CL
property. The contractor shall comply with all instructions issued by
the airport security unit. The contractor shall provide the airport with the
name and a 24 hour contact number for its security officer. Upon the
completion of the FBI check, the contractor is issued full airport access
badge for the Key West International Airport (SIDA) and he will act
as escort to all other personnel. The definition of escort will be
explained during the airport training seminar.
H. Manager or Director. The work on the Key West International Airport
shall be under the direction of the Airport Manager or his authorized
agent(s).
I. Construction Area Limits. The limits of construction, material storage
areas, equipment storage area, parking area and other areas defined as
required for the Contractor's exclusive use during construction shall be
marked. The Contractor shall erect and maintain around the perimeter of
these areas suitable fencing marking and/or warning devices visible for
day/night use.
SPECIAL PROVISIONS IV-35
Packet Pg. 1086
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
J. Contractor shall maintain security at all times during construction.
K. Payment. No separate payment for the above security
requirements shall be made. All costs necessary to cover these items
and services shall be included as part of other bid items quoted in the
Bid Proposal.
3. AIRPORT SECURITY REQUIREMENTS
A. General. The federal Transportation Security Administration is the
federal agency primarily responsible for overseeing the security
measures utilized by the airport owner pursuant to the relevant
provisions of Chapter 49, United States Code, and regulations
adopted under the authority of the Code, including but not limited
to 49 CFR 1540, et seq. Violations of the statutes or regulations
may result in severe civil monetary penalties being assessed
against the airport operator. It is the intent of the airport operator
that the burdens and consequences of any security violations
imposed upon the airport operator as a result of actions by an
airport tenant or the airport tenant's employees, agents, invitees, or
licensees shall be borne (by the airport tenant.
B. Airport Tenant Defined. An airport tenant means any person, entity, n,
organization, partnership, corporation, or other legal association
that has an agreement with the airport operator to conduct
business on airport property. The term also includes an airport
tenant as defined in 49 CFR 1540.5. Each signatory to this
Agreement, other than the airport operator, is an airport tenant.
6
C. Airport Operator Defined. As used in this Agreement, airport CL
operator means Monroe County, Florida, its elected and appointed
officers, and its employees.
D. Airport Property Defined. Airport property shall mean the property
owned or leased by, or being lawfully used by, the airport
operator for civil aviation and airport-related purposes. For
purposes of this Agreement, airport property is the property
generally referred to as the Key West Airport, the Marathon
Airport, or both as may be set forth in this Agreement.
E. Inspection Authority. The airport tenant agrees to allow
Transportation Security Administration (TSA) authorized
personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of
the airport operator or airport tenant with the applicable security
requirements of Chapter 49, United States Code, and 49 CFR
1540, et seq.
SPECIAL PROVISIONS IV-36
Packet Pg. 1087
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
F. Airport Security Program. The airport tenant agrees to become
familiar, to the extent permitted by the airport operator, with the
Airport Security Program promulgated by the airport operator and
approved by TSA, and also agrees to conform its' operations and
business activities to the requirements of the Airport Security
Program.
G. Tenant Security Program. If permitted under TSA regulations, the
airport tenant may voluntarily undertake to maintain an Airport
Tenant Security Program as referred to in 49 CFR 1542.113.
If the airport tenant voluntarily promulgates an Airport _
Tenant Security Program that is approved by TSA, such
program, as may be amended and approved from time to time, shall
be automatically incorporated into this Agreement.
X
H. Breach of Agreement. Should TSA determine that the airport tenant
or one or more of the airport tenant's employees, agents, invitees, or
licensees has committed an act or omitted to act as required,
and such act or omission is a violation which results in TSA
imposing a civil penalty against the airport operator in U)
accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by
TSA shall be considered a significant breach of this Agreement.
1) Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum >-
violation" as provided for in TSA's Enforcement Sanction Guidance
Policy, the airport tenant may cure the breach by paying to the
airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in
investigating, defending, mitigating, compromising, or CL
taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and
costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures. If the
violation is a third violation, or there are multiple violations in
excess of two violations, that is or are a civil penalty "minimum
violation", the airport tenant shall pay to the airport operator the
total costs incurred by the airport operator, including any fines
or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures
as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees an d costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial
action measures; and, further, the airport operator shall have
the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the
airport tenant of written notice of cancellation of this Agreement by
the airport operator.
SPECIAL PROVISIONS IV-37
Packet Pg. 1088
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
2) Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate
violation"as provided for in TSA's Enforcement Sanction Guidance
Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred
by the airport operator, including any fines or
penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees and costs
incurred in the investigation, defense,
compromising, mitigation, or taking of
remedial action measures; and, further, the
airport tenant may cause al I of airport tenant's
employees involved in the airport tenant's business
operations on the airport property to undergo such
security training as may be required by the airport
operator. The total cost of the training shall be paid for
by the airport tenant. If the violation is a third
violation, or there are multiple violations in excess
of two violations, that is or are a civil penalty "moderate
violation", the airport tenant shall pay 'to the airport
operator the total costs incurred by the airport ,
operator, including any fines or penalties
imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs E
incurred in the investigation, defense,
compromising, mitigation, or taking of remedial
CL
action measures; and, further, the airport
operator shall have the right to unilaterally
cancel this Agreement, such cancellation to be
effective thirty calendar days after receipt by the
airport tenant of written notice of cancellation of this
Agreement by the airport operator.
3) Maximum Violation. If the violation is the first violation
attributed to the airport tenant and is a civil penalty
"maximum violation" as provided for in ITSA's
Enforcement Sanction Guidance Policy, the airport
tenant may cure the breach by paying to the airport
operator the total costs incurred by the airport
operator, including any fines and penalties
imposed, in investigating, defending,
compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs
SPECIAL PROVISIONS IV-38
Packet Pg. 1089
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
incurred in the investigation, defense,
compromising, mitigation, or taking of remedial
action measures; and, further, the airport tenant may
cause all of airport tenant's employees involved in the
airport tenant's business operations on the airport
property to undergo such security training as may
be required by the airport operator. The total
cost of the training shall be paid for by the
airport tenant. If the violation is a second
violation, or there are multiple violations, that is or are
a civil penalty "maximum violation" the airport tenant
shall pay to the airport operator the total costs
incurred by the airport operator, including any
fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to
include but not be limited to reasonable attorney's fees
and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action
measures; and, further, the airport operator shall have
the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after
receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
cv
4) Mitigation of Breach. TSA has a policy of forgoing civil
penalty actions when the airport operator detects
violations, promptly discloses the violations to TSA,
and takes prompt corrective action to ensure that the
same or similar violations do not recur. This policy is
known as the TSA Voluntary Disclosure Program
CL
Policy, and is designed to encourage compliance with
TSA regulations, foster secure practices, and encourage
the development of internal evaluation programs. The
airport tenant agrees that upon detecting a violation the
airport tenant will immediately report it to the airport
operator. Should the TSA ultimately determine that
the violation was committed by the airport tenant, or
an employee, agent, invitee, or licensee of the airport
tenant, but the violation should result in the issuance
of a letter of correction in lieu of a civil penalty, then
the airport tenant shall reimburse the airport operator the
total costs incurred by the airport operator in
investigating, defending, mitigating, ortaking of remedial
measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, mitigation, or
taking of remedial action measures. A violation
resulting in the issuance of a letter of correction
SPECIAL PROVISIONS IV-39
Packet Pg. 1090
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
shall not be considered to be a breach of this Agreement
by the airport tenant.
4) Survival of Sub-Section. This sub-section h shall
survive the cancellation or termination of this
Agreement, and shall be in full force and effect.
I . Hold Harmless; Indemnification; Defense;
Release; Survival. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this
Agreement, the airport tenant agrees to hold harmless,
indemnify, defend and release the airport operator, and the
airport operator's elected and appointed officers and employees,
from any claims, actions, causes of action, litigation,
administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury, including
death, loss, damage, fines, penalties, or business interruption of e®
any nature whatsoever, of or to any person or property in
connection with the use of the airport property under this
Agreement, regardless of causation and including criminal U)
acts of third parties; and especially including any and all
fines, penalties, out of pocket expenses, attorney's fees and
costs, and costs of remediation or additional security measures
required to be implemented by any governmental agency
(including but not limited to the Federal Aviation Administration
and the Transportation Security Administration) resulting from �-
a violation of any federal law or federal regulation. This sub-
section shall survive the cancellation or termination of this
Agreement.
0
CL
SPECIAL PROVISIONS IV-40
Packet Pg. 1091
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO . 7
LIST OF DRAWINGS
The drawings which show the location, character, dimensions and details of the work to be done and which
are to be considered as a part of the contract supplementary to the specifications are as follows:
Taxiway A Extension and Mitigation
GENERAL
G-001 TITLE SHEET
G-002 INDEX OF DRAWINGS,ABBREVIATIONS AND LEGEND
G-003 GENERAL NOTES
G-004 SUMMARY OF QUANTITIES
G-005 CONSTRUCTION ACCESS AND PART 77 SURFACES
G-101 GENERAL SITE AND SURVEY CONTROL PLAN -TAXIWAY A
G-102 GENERAL SITE AND SURVEY CONTROL PLAN - MITIGATION SITE 1
G-103 GENERAL SITE AND SURVEY CONTROL PLAN - MITIGATION SITE 2
G-201 SOIL BORING LOCATION PLAN
G-202 SOIL BORING PROFILES -TAXIWAY A
G-203 SOIL BORING PROFILES -MITIGATION SITE 1
G-204 SOIL BORING PROFILES -MITIGATION SITE 2
G-301 GENERAL CONSTRUCTION SAFETY AND PHASING PLAN AND NOTES
G-302 PHASE I CONSTRUCTION SAFETY AND PHASING PLAN AND NOTES c
CL
G-303 PHASE II CONSTRUCTION SAFETY AND PHASING PLAN AND NOTES
G-304 PHASE III CONSTRUCTION SAFETY AND PHASING PLAN AND NOTES
G-305 PHASE IV AND V CONSTRUCTION SAFETY AND PHASING PLAN AND NOTES E
G-310 SAFETY DETAILS AND NOTES
G-311 SAFETY DETAILS AND NOTES
CIVIL
C-101 EXISTING CONDITIONS -TAXIWAY A
C-102 EXISTING CONDITIONS -MITIGATION SITE 1
C-103 EXISTING CONDITIONS -MITIGATION SITE 2
C-201 DEMOLITION-CLEARING AND GRUBBING PLAN -TAXIWAY A
C-202 DEMOLITION-CLEARING AND GRUBBING PLAN -MITIGATION SITE 1
C-203 DEMOLITION-CLEARING AND GRUBBING PLAN -MITIGATION SITE 2
SPECIAL PROVISIONS IV-41
Packet Pg. 1092
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
C-204 DEMOLITION-CLEARING AND GRUBBING PLAN -MITIGATION SITE 2
C-205 MITIGATION SITE 1 PHOTOS
C-301 GEOMETRY PLAN -TAXIWAY A
C-310 PROFILES -TAXIWAY A
C-311 PROFILES -VEHICLE SERVICE ROAD AND 18" DRAINAGE PIPE
C-401 PAVEMENT MARKING PLAN -TAXIWAY A
C-410 PAVEMENT MARKING DETAILS
C-501 TYPICAL SECTIONS -TAXIWAY A
C-502 TYPICAL SECTIONS -TAXIWAY A
C-503 TYPICAL SECTIONS -TAXIWAY A
C-601 GRADING AND DRAINAGE PLAN -TAXIWAY A
C-602 GENERAL MITIGATION NOTES AND DETAILS
C-603 GENERAL MITIGATION PLANTING NOTES
C-604 GENERAL MITIGATION PLANTING AND SPECIES REMOVAL NOTES
C-605 GRADING AND MITIGATION PLAN - MITIGATION SITE 1
C-606 GRADING AND MITIGATION PLAN - MITIGATION SITE 2
C-607 GRADING AND MITIGATION PLAN - MITIGATION SITE 2
C-610 FDOT STANDARD PLANS NO. 425-053 ,
C-611 FDOT STANDARD PLANS NO. 425-053
C-612 FDOT STANDARD PLANS NO. 425-053
C-613 RCP PIPE TRENCHING DETAIL
C-614 FDOT STANDARD PLANS NO. 430-021
C-615 FDOT STANDARD PLANS NO. 430-021 c
CL
C-616 FDOT STANDARD PLANS NO. 430-021
C-617 FDOT STANDARD PLANS NO. 430-021
C-701 EROSION CONTROL-TAXIWAY A
C-702 EROSION CONTROL-MITIGATION SITE 1
C-703 EROSION CONTROL-MITIGATION SITE 2
C-704 EROSION CONTROL-MITIGATION SITE 2
C-710 EROSION CONTROL- DETAILS AND NOTES
C-801 TAXIWAY Al &A CROSS-SECTIONS - STA. 101+00 THRU 105+00
C-802 TAXIWAY A CROSS SECTIONS - STA. 105+50 THRU 109+00
C-803 TAXIWAY A2 CROSS-SECTIONS - STA. 401+00 THRU 402+50
C-804 MITIGATION SITE 1 CROSS-SECTIONS - STA. 1+00 THRU 8+00
C-805 MITIGATION SITE 1 CROSS-SECTIONS - STA. 21+00 THRU 28+75
C-806 MITIGATION SITE 2 CROSS-SECTIONS - STA. 31+00 THRU 35+00
C-807 MITIGATION SITE 2 CROSS-SECTIONS - STA. 41+00 THRU 46+00
SPECIAL PROVISIONS IV-42
Packet Pg. 1093
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Electrical
E-101 ELECTRICAL DEMOLITION PLAN
E-201 ELECTRICAL PLAN
E-301 ELECTRICAL CIRCUITRY LAN TAXIWAY A WEST
E-302 ELECTRICAL CIRCUITRY PLAN RUNWAY 9-27 EDGE
E-401 ELECTRICAL DETAILS
E-402 ELECTRICAL DETAILS
E-403 ELECTRICAL DETAILS
x
E-404 ELECTRICAL DETAILS
E-405 ELECTRICAL DETAILS
E-406 ELECTRICAL DETAILS
E-407 ELECTRICAL DETAILS
E-408 ELECTRICAL DETAILS
E-409 ELECTRICAL DETAILS
E-410 ELECTRICAL DETAILS
E-501 AIRFIELD SIGNS NOMENCLATURE PLAN cV
E-601 ELECTRICAL SCHEDULES >-
E-602 ELECTRICAL SCHEDULES
E-700 9 REILS LAYOUT E
E-701 9 REILS POWER AND CONTROL RACK DETAILS
E-702 9 REILS POWER AND CONTROL FOUNDATION DETAILS CL
E-703 9 REILS WIRING DIAGRAM
SPECIAL PROVISIONS IV-43
Packet Pg. 1094
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-44
Packet Pg. 1095
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 8
TEMPORARY FACILITIES
1. GENERAL DEFINITIONS
A. This section specifies certain minimum temporary facilities to be provided regardless
of methods and means selected for performance of the work but not by way of _
limitation and not assured for compliance with governing regulations. Use of alternate
temporary facilities may be permitted subject to the Engineer's and Owner's approval
and acceptance.
B. Energy Considerations: Administer the use of temporary facilities in a manner
which conserves energy but without delaying work or endangering persons or
property; comply with reasonable requests by the Engineer and Owner.
C. Costs: Except as otherwise indicated, costs associated with temporary facilities are
the Contractor's. Temporary facilities remain the property and responsibility of the
Contractor.
D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to
other areas of the airport complex.
E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the
Contractor shall make every effort to keep construction noise to a minimum.
2
F. Fire Protection: In addition to temporary water service for construction and the c
placing of permanent fire protection facilities in operating condition at earliest feasible 0.
date, provide fire extinguishers of types and sizes recommended by NFPA or any
other governing authority or agency.
Provide Type A extinguishers in field offices and for similar exposures, Type
ABC in construction areas. Locate extinguishers near each entrance.
Prohibit smoking except in marked, non-hazardous areas. Smoking in existing
premises is prohibited.
G. Environmental Protection: Review exposure to possible environmental problems
with the Engineer and Owner. Establish procedures and discipline among
tradesmen and provide needed facilities which will protect against
environmental problems (pollution of air, water and soil, excessive noise and similar
problems).
SPECIAL PROVISIONS IV-45
Packet Pg. 1096
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
2. TEMPORARY PROTECTION
Provide facilities and services as necessary to effectively protect project from losses and
persons from injury during the course of construction.
The existing utilities shall not be modified for use by the Contractor. Do not interrupt
existing services serving occupied or used facilities except when authorized in writing
by the Owner. Provide temporary services during interruptions to existing utilities as
acceptable to the Owner.
The Contractor shall furnish electrical and water utilities as required and provide temporary
power, telephone and system connections where required by the Owner to continue
operation of existing equipment or systems during construction.
X
3. TEMPORARY STAGING/STORAGE AREAS
A. The Contractor may provide a trailer or prototype building field office for his own use.
The location of the field office or building must be approved by the Engineer and
Owner. All costs for connection to utilities shall be paid for by the Contractor. Water,
electric and telephone will be available on site.
Equipment not in use during construction, nights and/or holidays shall be parked in areas
designated by the Engineer and Owner. Construction workers' private vehicles shall be
parked within the areas. n,
B. During construction, the Contractor shall maintain these areas in a neat condition.
The Contractor's vehicles, equipment and materials shall be stored in the areas
designated by the Engineer. Upon completion of the work, the staging and -20
storage areas shall be cleaned up and returned to their original condition to the
CL
satisfaction of the Owner. Remove all construction fencing and barricades from the project
site. No special payment will be made for clean-up and restoration of the storage area.
Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers
of vehicles being operated beyond this area shall be subject to loss of permission to enter
the construction site.
C. If additional storage areas are needed, the Contractor may request it from the Engineer.
The request will be reviewed on the basis of what is to be stored and the area needed.
The Contractor shall provide any necessary fencing and/or security.
4. TEMPORARY CONSTRUCTION FACILITIES
A. Access to the work area: Contractor shall provide access to the
Work Area (Means and Methods) prior to construction. This access shall
comply with all governing regulations. Contractor shall obtain a specific
permit for this temporary access if it is required by any regulatory
agency. The cost of the access with all associated permits are the
SPECIAL PROVISIONS IV-46
Packet Pg. 1097
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Contractor's responsibility.
B. De-watering: Maintain construction work free of water accumulation. Do
not endanger the work or adjacent properties.
C. Miscellaneous Facilities: Provide miscellaneous facilities as needed
including ladders, runways, shoring, scaffolding, railing, bracing, barriers,
closures, platforms, temporary partitions and similar items.
5. TEMPORARY SUPPORT FACILITIES
A. General: Provide facilities and services as may be needed to properly
support the primary construction process and meet governing regulations.
X
B. Drinking Water: Provide either pipe-connected potable water fountains or
electric cooled bottled water fountains or insulated potable water
containers in work areas spaced so that personnel at the site will travel no
more than 300 feet.
C. Toilets: Furnish adequate temporary sanitary facilities within the
Contractor's staging and storage areas located on the drawings for the
use of workmen during the entire period of construction. Temporary
facilities shall be furnished at a minimum ratio of one toilet for each 25
workmen or as required by local governing code, whichever is greater. cV
The toilets shall be portable, chemical type or water-borne type connected to
an approved existing sanitary sewer. W
Toilets shall be placed or installed in conformity with local governing code E
requirements and shall be enclosed in a weather-tight, fly-proof building
with a self-closing door. The building shall be tied down to prevent
0.
overturning by wind. Provide standard, roll-type toilet paper holder and a
supply of standard, roll-type toilet tissue.
The premises shall be thoroughly disinfected at least twice each week.
Provide means for locking the door from the outside and keep locked at all
times except during hours that workmen are at the project site.
SPECIAL PROVISIONS IV-47
Packet Pg. 1098
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
6. TEMPORARY UTILITY SERVICES
A. The Contractor shall coordinate the requirements for temporary utilities
with the Owner and shall install at the Contractor's expense all necessary
utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur
during installation or use, the Contractor shall immediately notify the
appropriate utility personnel and promptly repair the utility so as to keep
disruption of service to a minimum.
B. The Contractor shall provide temporary wiring if required. All wiring shall meet
all safety requirements of the National Electrical Code, Florida Department of
Commerce, Bureau of Workers' Compensation or local requirements. In
addition, all wire shall be so sized that it is not overloaded according
to the National Electrical Code and all wire used shall be fused to
adequately protect that wire according to the Code referred to.
C. The Contractor shall provide all temporary lines and connections from
existing sources of water as required for the work. The Contractor is
responsible for proper drainage of water used.
D. The Contractor shall furnish all temporary wiring, piping connections and other
apparatus that is needed to operate the utilities and shall remove all evidence
of same when work is complete.
cv
E. The Contractor is responsible for obtaining and paying for all utilities that
he requires at the project site. W
7. STAGING, STOCKPILE AND SPOIL AREAS E
2
0
The staging area(s) depicted on the plans shall be used to store all idle
0.
equipment, supplies and construction materials (other than bulk materials such as
aggregate, sand and soil).
The Contractor may erect and maintain throughout the life of this contract, at his
expense, a six-foot high fence of chain link fabric around the perimeter of each
staging area used. He may also install vehicle and pedestrian gates as
necessary to provide adequate ingress/egress.
Additionally, the perimeter of any staging area which abuts an active operation
pavement shall be marked with red flashing barricades no more than 50 feet
apart.
Upon completion of all work, remove all construction fencing and barricades from the
project site.
The Contractor's vehicles, equipment and materials shall be stored in the area
designated on the plans. Upon completion of the work, the storage area shall be
cleaned up and returned to its original condition to the satisfaction of the Owner.
SPECIAL PROVISIONS IV-48
Packet Pg. 1099
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
Personal vehicles will not be permitted beyond the Contractor's parking area.
Drivers of vehicles being operated beyond this area shall be subject to loss of
permission to enter the construction site.
Equipment not in use during construction, nights and/or holidays will be parked in the
Contractor's staging area. Exceptions will only be approved by the Engineer when
absolutely necessary. Parking of construction workers' private vehicles shall also
be within the staging area construction fence.
Stockpile areas shall be used to store all bulk materials needed for the project and
may or may not be fenced at the Contractor's option. However, yellow flashing _
barricades shall be installed where potential conflicts with air or ground vehicular traffic
might occur.
X
Separate stockpiles shall be created for the project construction. Separate
stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate
the FAR Part 77 imaginary surfaces.
All other waste material, including rubble and debris, shall be removed from the Airport
at the Contractor's expense.
No stockpile areas to store all bulk materials for the project are provided. All
material removed by excavation, such as concrete, asphalt or limerock, trash, rubbish
and vegetation shall be transported off the Airport limits when it is taken up. It will not
be stockpiled on Airport property. `V
The Contractor shall provide all necessary temporary environmental controls as
required by laws, regulations or as directed by the Engineer (including, but not limited
to: hay bales, siltation fence, etc.) to protect the environment from erosion of any
stockpile areas.
CL
The cost for these temporary environmental controls shall be considered
incidental to the project.
SPECIAL PROVISIONS IV-49
Packet Pg. 1100
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-50
Packet Pg. 1101
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO . 9
DEWATERING
Dewatering operations and any permits necessary to complete any portion of this project,
including but not limited to drainage pipe and structure installation shall be considered incidental to
the bid item for which de-watering may be necessary. All water pumped out of construction areas
shall be discharged through a portable sediment removal/filtration system (dewatering bag) prior to
discharge into a storm sewer inlet.
No separate payment will be made for the cost of dewatering.
cv
2
0
SPECIAL PROVISIONS IV-51
Packet Pg. 1102
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-52
Packet Pg. 1103
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO . 10
PRECEDENCE OF DOCUMENTS
1 . GENERAL. The Bid Documents, Contract, Special Provisions, General
Provisions, Specifications, Plans and all referenced Standards cited in these documents
are essential parts of the contract requirements. A requirement occurring in one is as
binding as though occurring in all. They are intended to be complementary to describe and
provide for a complete work.
2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents,
the order of precedence shall be as follows:
A. Bid Documents (Division ()(including any and all Addenda)
B. Contract (Division II)
C. Special Provisions (Division IV)
D. Technical Specifications (Division V)
E. General Provisions (Division III)
F. Plans (large scale detail drawings over smaller scale general drawings)
2
0
SPECIAL PROVISIONS IV-53
Packet Pg. 1104
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-54
Packet Pg. 1105
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO . 11
FINAL PAY REQUESTS AND RELATED FORMS
In addition to the requirements for payments (Partial and Final) stipulated in General Provisions
(Division III) Section 90 MEASUREMENT AND PAYMENT and in Special Provision No. 1
PROJECT GENERAL REQUIREMENTS Section 25 (Division IV).
All pay requests shall be prepared by the Contractor within the time frames stipulated in the
County Procedures unless otherwise approved by the Engineer and Owner.
Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the
Engineer, unless otherwise instructed by him. Contractor shall use Monroe County
Application for Payment form which will be provided to contractors at the pre-construction meeting,
and shall provide related forms from the American Institute of Architects, such as:
❑ Change Order (Form G-701)
❑ Certificate of Substantial Completion (Form G-704)
❑ Contractor's Affidavit of Payment of Debts and Claims (Form G-706)
❑ Contractor's Affidavit of Release of Liens (Form G-706A)
❑ Consent of Surety to Final Payment (Form G-707)
2
0
SPECIAL PROVISIONS IV-55
Packet Pg. 1106
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-56
Packet Pg. 1107
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
SPECIAL PROVISION NO. 12 - STANDBY TIME
1 . DESCRIPTION. The Airport acknowledges the constraints being placed upon the Contractor for
the Taxiway A Extension. The Airport has agreed in principle to make the construction site
available for the Contractor's use throughout the construction period to the maximum extent
possible. A special pay item pertaining to lost time has been established and is incorporated into
this Special Provision to provide a reasonable assessment and method of compensation for the
Contractor in the event that the runway and taxiway closures are delayed only due to aircraft
operations.
2. SCHEDULED RUNWAY CLOSURES. Off-peak scheduled runway closure construction times
will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the runway safety area until
authorized by the RPR. The scheduled runway closures include all work with the exception of
hard runway closure activities. Scheduled runway closures can be delayed due to aircraft
operations.
3. HARD RUNWAY CLOSURES. Off-peak hard closure construction times will be from 11:00 PM
to 6:00 AM. The Contractor shall not enter the runway safety area until authorized by the RPR.
Hard closures include all milling and paving operations within the Runway Safety Area. A paving
operation must include the placement of at least 100 tons. Runway 9-27 closure cannot be
delayed due to aircraft operations. U)
4. TAXIWAY CLOSURES. Off-peak taxiway closure construction times will be from 11:00 PM to
6:00 AM. The Contractor shall not enter the Taxiway Object Free Area until authorized by the
RPR. The taxiway closures include all work on the taxiway within the taxiway object free area
and outside of the runway safety area. Taxiway Closures cannot be delayed due to aircraft n,
operations. Refer to the phasing sheets in the Contract Drawings for closure requirements.
5. LOST TIME. The Contractor shall make themselves totally familiar with the requirements of this �--
section. The Contractor shall guard against adding inflated costs as a defense against potential
lost time or other conditions of the Contract in this special provision as this item of work will be
included in the summation of the total amount bid.
6. STANDBY TIME. Standby Time is when a Contractor's forces are mobilized for work based on
the scheduled runway closure and taxiway closure beginning at 11:00 PM. This condition may
last for a maximum of 3 hours after the scheduled construction start time. Standby Time paid for
any nightly work period shall not exceed 3 hours even if the work period is ultimately cancelled. E
Standby time is only available to the Contractor when scheduling activities under the scheduled
construction closure scenario. Hard construction closures are not eligible for standby time.
7. METHOD OF MEASUREMENT. Standby Time shall be measured as the number hours, in '/4
hour intervals, where the Contractor's forces are mobilized in anticipation of the nightly runway
closure. Standby Time will be measured beginning at 11:00 PM as determined by the RPR. This
condition may last a maximum of 3 hours after the scheduled start time of 11:00 PM.
8. BASIS OF PAYMENT. Payment will be made at the Contract unit price per hour (in 1/4 hour
intervals). This price shall be full compensation for all labor, equipment, tools materials, and
incidentals on-site to perform the off peak (night time) scheduled construction.
Item SP-12-1 Standby Time— per hour
SPECIAL PROVISIONS IV-57
Packet Pg. 1108
L.3.c
Key West International Airport 06/21
Monroe County
Taxiway A Extension and Mitigation
Bid Documents Project Manual
x
INTENTIONALLY LEFT BLANK
cv
2
0
CL
SPECIAL PROVISIONS IV-58
Packet Pg. 1109