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Item L04 L.4 Co �� ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: L.4 Agenda Item Summary #11299 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval to award bid and contract to low bidder A+ Environmental Restoration, LLC in the amount of$676,990.00 for the MTH Relocate Runway 7/25 Tree Clearing project at the Florida Keys Marathon International Airport. The project is funded by FAA Grant 44-40 (90%), FDOT Contract G1 V30 (8%) and Airport Operating Fund 403 (2%). ITEM BACKGROUND: This project is for tree clearing within the Runway Obstacle Free Area (ROFA) limits for the future proposed shift of the Runway 7/25 centerline 40 feet to the northwest to meet applicable FAA required runway-to-taxiway separation standards. At the bid opening held on August 18, 2022 two bids were received: A+ Environmental Restoration for $676,990.00 and Charley Toppino & Sons for $1,426,479.55. PREVIOUS RELEVANT BOCC ACTION: Approval of original FDOT Grant G1 V30 on April 21, 2021 and Amendment 41 on February 16, 2022; approval to advertise a request for competitive solicitations for the project on March 16, 2022; and approval of FAA Grant 44-40 on September 21, 2022. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: MTH Tree clearing - A+Environmental Bid Tabulation Sheet Project Manual Volume 1 Project Manual Volume 2 Construction Plans Addendum No. 1 Packet Pg. 2660 L.4 Addendum No. 2 FINANCIAL IMPACT: Effective Date: Upon Notice to Proceed(NTP) Expiration Date: Ninety(90) days after NTP Total Dollar Value of Contract: $676,990.00 Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: FAA (90%)/FDOT (8%) and Airport Operating Fund 403 (2%) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: 11/15/22 403-63502 - MARATHON AIRPORT R & R $13,539.80 REVIEWED BY: Beth Leto Completed 10/21/2022 2:26 PM Richard Strickland Completed 10/26/2022 2:45 PM Pedro Mercado Completed 10/26/2022 3:03 PM Purchasing Completed 10/26/2022 3:41 PM Budget and Finance Completed 10/27/2022 3:22 PM Brian Bradley Completed 10/27/2022 3:50 PM Lindsey Ballard Completed 10/31/2022 2:22 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 2661 L.4.a E C 0 w 0 CONTRACT E C 0 Packet Pg. 2662 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C 0 0 INTENTIONALLY LEFT BLANK U E a 0 c� E c� CONTRACT 11-18 Packet Pg. 2663 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual S E C T I O N D CONTRACT RELOCATE RWY 7-25 PHASE I - TREE CLEARING Florida Keys Marathon International Airport C 0 THIS AGREEMENT made and entered into the 15th day of November, 2022 by and between A+ Environmental Restoration LLC Contractor, + and the Monroe County Board of Commissioners, Key West, Florida, Owner. 0 WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the U 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING _ Florida Keys Marathon International Airport Monroe County, Florida E C 2. That the Contractor shall commence the work to be performed under this 0 agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within ninety (90) 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 th e agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of _Six-Hundred and Seventy-Six Thousand Nine Hundred and Ninety _Dollars ($676,990.00) 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period CONTRACT 11-19 Packet Pg. 2664 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual 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 0 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 0 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 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 W 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 E documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed CONTRACT 11-20 Packet Pg. 2665 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual 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 0 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 0 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: (1) Keep and maintain public records that would be required by the County to perform the service. a 0 .5 (2) Upon receipt from the County's custodian of records, provide the County with W 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 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. CONTRACT 11-21 Packet Pg. 2666 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the + Contractor. A Contractor who fails to provide the public records to the 0 County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, RADLEY- RIAN ONROECOUNTY-FL.GOV, MONROE COUNTY 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) a any claims, actions or causes of action, (ii) any litigation, .5 administrative proceedings, appellate proceedings, or other a 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 c� 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 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, CONTRACT 11-22 Packet Pg. 2667 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual 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. 0 .5 C 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 0 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. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. a 0 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, .5 Florida Statutes, the participation of COUNTY and CONTRACTOR in this a 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, 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. E c� 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 CONTRACT 11-23 Packet Pg. 2668 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual Deputy Director,Airport Finance&Admin. Key West International Airport 3491 South Roosevelt Blvd. Key west,Fl. 33040 0 FOR CONTRACTOR: 0 A+Environmental Restoration,LLC Jordan Deriso U 4346 SW Hull Avenue, ' Arcadia,Fl. 34269 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. a 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 c� 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 E 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. 2669 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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. 0 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, c, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, 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. 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 CONTRACT 11-25 Packet Pg. 2670 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual 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 0 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, 0 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. c) 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. E a 0 c� c� CONTRACT 11-26 Packet Pg. 2671 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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 competentjurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title 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 0 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- a 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 0 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 II 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. a 0 .5 a c� c� CONTRACT 11-27 Packet Pg. 2672 Florida Keys Marathon International Airport 06/23 Monroe County Relocate Runway 7-259hoae | -TruuC|uming Issued for Bid 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: KEV|NK8ADDK` CLERK DFM[)NROECOUNTY, FLORIDA By: By: m � Deputy Clerk Mayor/Chairman 0 �,?OM'&ROE COUNTY ATTOANEY ArROV 7E '7 CONTRACT 4411 ED ��A@ �u u�um/v*rn�ew�v —' w ' � Title: P |d +_ � CONTRACT 11-28 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E a 0 c� E c� CONTRACT 11-29 Packet Pg. 2674 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I'-Tree Clearing Issued for Bid Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: A+ Environmental Restoration, LLC + (Name of Business) 0 I . 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 0 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 c� implementation of this section. As a person authorized to sign the statement, I certify that this firm c s fully with the above requirements. C� dder's Signature Date: 8118/22 "BIDDING REQUIREMENTS AND CONTRACT FORMS I-25 Packet Pg. 2675 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project 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 0 official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. + GAMA82 c 0 for Relocate Runwa 7-25 Phase 1 - Tree Clearing 2. This sworn statement is submitted by A+Environmental Restoration,LLC (name of entity submitting sworn statement) whose business address is 4346 SW Hull Avenue,Arcadia,FL 34269 and (if applicable) its Federal Employer Identification Number(FEIN) is: 81-0876194 (If the entity has no FEIN, include the Social Security Number of the individual signing 76 this sworn statement: E 3. My name is Jordan Deriso and a (please print name of individual signing) a my relationship to the entity named above is President zsr 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida a 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. c� 5. 1 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 Packet Pg. 2676 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes„ means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in + the management of an affiliate. The ownership by one person of shares 0 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 U who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7, 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement 0 applies.) X Neither the entity submitting this sworn statement nor any of its officers, + directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn 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) c� 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-38 Packet Pg. 2677 L.4.a Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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.) C 0 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.) 0 Signature of Authorized Representative: S U Jordan Deriso President 8/18/22 Title Date NOTARIAL JURAT STATE OF: Florida a COUNTY OF: Desoto Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or ❑ online + notarization, on August 18,2022 (date) by Jordan Dcriso (name of affiant). He/She i errlally known tip m r has produced (type of identification) as identification. M ce P& KRISTA MARiw.VIGNE NOTARY PUBLI i `: Notary Public,State of Florida LL�d commission k HH 108049 ` or My Comm.Expires Jun 29,2025 Bonded through National Notary Assn.. E U m BIDDING REQUIREMENTS AND CONTRACT FORMS 1-39 Packet Pg. 2678 L.4.a i Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY FLORIDA C 0 ETHICS CLAUSE w Jordan Deriso 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. 9t& (Signature) Date: 8/18/22 NOTARIAL JURAT a 0 STATE OF: Florida COUNTY OF: DeSoto , Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online name of affia n He She i ll y (date) by ordan Deriso `n notanzation, on �� u�t ( ) s rsonaHy known to rne�r has produced (type of identification) as identification. T 05TA RIEVIGN NOTARY PUBLIC m". Notary Public-State of F1tnrBt9e Cornrealxtlon g HH 108049 on r hkyrnnm<l xtalra Jun 89r E Bonded through sationsl Not ,45sn. � c' BIDDING REQUIREMENTS AND CONTRACT FORMS I-40 Packet Pg. 2679 L.4.a Florida Keys Marathon International'Airport 06/22 Monroe County Relocate Runway 7-25 Phase I -Tree Clearing Issued for Bid Project Manual SECTION Q NON-COLLUSION AFFIDAVIT 1, Jordan Deriso of the city of Arcadia according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am President W of the firm of A+Environmental Restoration,LLC + the bidder making the bid proposal for the project described in the Notice for Calling for e bids for: Relocate R 1n a n 7-15'Phase, p free Clearing 0 and that l executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, U 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 `o awarding co 0 for said project. a 8/18/22 0 (Signature c idder) (Date) NOTARIAL JURAT c� STATE OF: Florida COUNTY OF: DeSoto Subscribed and sworn to (or affirmed) before me, by means of M physical presence or ❑ online notarization, on Au test 18, 2022 date) by Jordan Deriso (name of affiant). He/She i ersonally known to me 'r has produced (type of identification) as identification. ��=If MARIEVIGNE "�� , ic-state of Ronda NOTARY PUBLIC k� on#HH 109049xpires Jun 29,2025ational Notary Assn. N )N° INC Rl"(LICRLMEN'",S AND CONTRACT FORMS 1-50 Packet Pg. 2680 Client#: 710095 ENVIRREST01 ACORDT. CERTIFICATE OF LIABILITY INSURANCE m6ff THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen S. McDaniel NAME: Marsh&McLennan Agency PHONE 727 447-6481 FAX A/C,No,Ext: (A/C,No): Bouchard Region E-MAIL ADDRESS: certsteam@marshmma.com 485 N. Keller Road, Suite#450 Maitland, FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INsuRERA:Zurich American Insurance Company 16535 INSURED Brid efield Employers Insurance Co. 10701 0 INSURER B: 9 � A+Environmental Restoration LLC Admiral Insurance C 24856 INSURER C: Company Y tly 4346 SW Hull Ave. 9= INSURER D Arcadia, FL 34269 + INSURER E INSURER F: 0 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: �y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X IGLO746614900 105/19/2022.05/19/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR AI PREMISEST ON,occu°nce s300,000 MED EXP(Any one person) $10,000 , � PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - 2 GENERAL AGGREGATE $4,000,000 � PRO TW - POLICY ^I JECT X LOC NA t X PRODUCTS-COMP/OPAGG $4,000,000 a OTHER: $ A AUTOMOBILE LIABILITY X X BAP746614800 05/19/2022 05/19/202 COEaMBINED accidentS INGLE LIMIT $1r 000r 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR X X AUC746615001 05/19/2022 05/19/202 EACH OCCURRENCE s4,000,000 � EXCESS LIAB CLAIMS-MADE AGGREGATE $4 OOO 000 n� DED I X1 RETENTION$0 $ WORKERS COMPENSATION PER OTH LU - B X 83055794 O7/22/2022 07/22/202 X STATUTE X ER + AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 , A Rented/Leased EQ CPP712103600 05/19/2022 05/19/202 500,000/1,200,000 C Pollution FEIECC2423604 05/19/2022 05/19/2023 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named Additional Insured and provided a waiver of subrogation with regard to the liability policies of the Named Insured, but only with respect to and to the extent of the liabilities assumed by the Named Insured underwritten contract,agreement or permit. The General Liability,Auto Liability, Pollution Liability and Umbrella insurance is Primary; any other insurance maintained by the E contractor&Owner is excess&non contributory,when required by written contract,agreement or permit, c� (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD I Packet Pg. 2681 #S11892671/M 11107713 RMJYS DESCRIPTIONS (Continued from Page 1) subject to the provisions and limitations of the policy. Waiver of subrogation applies to Workers Compensation when required by written contract,agreement or permit and subject to the provisions and limitations of the policy. Certificate holder is named as Loss Payee and Additional Insured with regard to equipment leased/rented to the Named Insured, but only with respect to and to the extent of the liabilities assumed by the Named Insured underwritten contract,agreement or permit,subject to the provisions and limitations of the policy. a 0 0 U E a 0 c� E c� SAGITTA 25.3(2016/03) 2 of 2 #S11892671/M11107713 Packet Pg. 2682 L.4.a POLICY NUMBER'.GL0746614900 Additional Insured - Automatic - Owners, Lessees Or ZURICH Contractors Policy No. Eft. Date of Pol. Exp. Date of Pol. Eft. Date of End. Producer No. Add'I. Prem Return Prem. E C 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. + c Named Insured:A+ Environmental Restoration LLC Address(including ZIP Code): U This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 76 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. 0 However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and + 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: c� This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, Zj field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F OW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Pg. 2683 L.4.a C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement E requires that this coverage be primary and non-contributory. 0 D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: + Primary and Noncontributory insurance 0 0 This insurance is primary to and will not seek contribution from any other insurance available to an additional ,s insured provided that: a. The additional insured is a Named Insured under such other insurance; and U b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to + Section III —Limits Of Insurance: The mostwe will pay on behalf of the additional insured is the amount of insurance: S 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or c� 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. c� U-GL-1175-F OW(04/13) Page 2of2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Packet Pg. 2684 L.4.a 9 Waiver Of Subrogation (Blanket) Endorsement ZU FTC H NAMED INSURED:A+ Environmental Restoration L Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Addl Prem Return Prem. GL0746614900 05/19/2022 05/19/2023 E a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: + Commercial General Liability Coverage Part 0 U The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from oth- ers,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. a 0 c� 4i E c� U- Packet Pg. 2685 NAMED INSURED'A+ Environmental Restoration 1-1-CIPOLICY NUMBER.83055794 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. E C 0 Schedule W *Blanket Waiver of Subrogation Applies* 0 U E C 0 W This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. X Date Prepared: Carrier: Bridgefield Employers Insurance Company E Effective Date of Endorsement: Policy Number: Countersigned by Insured: WC O�O 03 I. (Ed. 4-84) "'Includes copyright material of Me National Council on Compensation insurance, Inc, used with its permission.copyright 11 Packet Pg. 2686 L.4.a A+ Environmental Restoration LLC ZURICH Manuscript - Loss Payable Provisions — Contractor's Equipment THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. C This endorsement modifies the following: 0 COMMERCIAL PROPERTY CONDITIONS + 0 If loss or damage occurs to "contractor's equipment" in which both you and a Loss Payee have an insurable interest, �s the applicable paragraph shown below will be added to the Loss Payment Condition. If the Loss Payee is not , scheduled on the Policy, documentation of such shall be shown on ACORD Certificates of Insurance (or its equivalent) issued by the broker, copies of which, upon request from us will be forwarded and kept on file. U If the Loss Payee is not otherwise scheduled on the Policy or on file with us, you must provide this information no later than the time the Proof of Loss is submitted to us. LOSS PAYABLE For "contractor's equipment" in which both you and the Loss Payee have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. Receipt of payment by you shall constitute a release in full of all liability under this Policy with respect to such loss. E a 0 + c� E c� Includes copyrighted material of ISO Commercial Risk Services,Inc.with its permission U-CP-693 A(10 02) Copyright,ISO Commercial Risk Services,Inc. Packet Pg. 2687 L.4.a NAMED INSURED:A+ Environmental Restoration LLC COMMERCIAL AUTO POLICY NUMBER:BAP746614800 CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: a 0 AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM + 0 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:A+ Environmental Restoration LLC Endorsement Effective Date:05/19/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO a PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR + AGREEMENT AS PROHIBITED BY LAW c� Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision E contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 2688 L.4.a NAMED INSURED:A+ Environmental Restoration LLC COMMERCIAL POLICY NUMBER:BAP746614800 CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: -� AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM a MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless + modified by the endorsement. 0 This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. E Named Insured:A+ Environmental Restoration LLC U 0 Endorsement Effective Date:05/19/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 0 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the + person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with E that person or organization. c� c� CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Packet Pg. 2689 a o N J � G. d J4 U N RS S p. } } h z � Op O Ian o 7 O to � U N N N Z d' } 0 I- a � Q o W � o Z � L V W M OC A > Z � WI- Q ~ 72 Z I- uj Q J O z L UMZC) Ww m Ln n S 3 G W Z N W o } Q � 000 rq WiZiJl— uj co 5 U o 0 � = QC7 = W •Q -� � m I• Q Ln �i ~ oQ a uj � O W Z L a I- O C-6 J o > o z U) o 0 OG w W z •a Q O V � 0 o L J w �. IL tn cn LV C L `� �/ 0 L li } } U W U cUn U - o J W L } V O J 0_ N 4- Q i0 m L 4- N O Q C3 L.4.c IF III iirlil IIII iir °I°IIII iiri IIII iiir °I° iiriiir I°iiii iir IIII iiiiiiiq iil Monroe County Project No. GAMA82 Relocate Runway 7-25 Phase 1 - Tree Clearing r. Issued for Bid Project Manual - Volume 1 OF 2 0 BIDDING REQUIREMENTS AND CONTRACT FORMS Prepared for: THE MON ROE COUNTY BOARD OF COUNTY COMMISSIONERS 0 Mr. David Rice, District 4 Mayor Mr. Craig Cates, District 1 Mayor Pro Tem Ms. Michelle Coldiron, District 2 Commissioner VACANT UNTIL FILLED, District 3 Commissioner c, Ms. Holly Raschein, District 5 Commissioner Prepared by: 7 .Jacobs 3150 SW 38th Ave., Suite 700 Miami, FL 33146 305.441 .1864 August 2022 Packet Pg. 2691 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual TABLE OF CONTENTS VOLUME I- BIDDING REQUIREMENTS AND CONTRACT FORMS Division I—Bid Documents Division II-Contract Division III-General Provisions 0 Division IV- Special Provisions 0 C3 0 c� LM CL c� TABLE OF CONTENTS Packet Pg. 2692 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U THIS PAGE INTENTIONALLY LEFT BLANK E 0 c� E c� TABLE OF CONTENTS Packet Pg. 2693 L.4.c E a 0 w 0 BID DOCUMENTS E .2 0 0, Lm CL E Packet 'Pg. 2694 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual cu C 0 0 cu C3 INTENTIONALLY LEFT BLANK E 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-2 Packet Pg. 2695 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual DIVISION I BID DOCUMENTS SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS......................... 1-6 C 0 SECTION B - INSTRUCTIONS TO BIDDERS............................................................................ 1-7 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................................................. 1-17 0 SECTION D - BID BOND........................................................................................................... 1-22 SECTION E - DRUG-FREE WORK PLACE.............................................................................. 1-24 c, 0 SECTION F PRIME BIDDERS QUALIFICATIONS 1-25 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES............................................................ 1-28 SECTION H -ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM .................................... 1-29 SECTION I - INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING FEDERAL FUNDING ................................................................................................................. 1-30 SECTION J - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.............................. 1-33 SECTION K - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH (THE FLORIDA TRENCH SAFETY ACT............................................................................................ 1-34 SECTION L - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES.............................................................................. 1-36 Lm SECTION M - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990............................ 1-39 SECTION N - CERTIFICATION OF NONSEGREGATED FACILITIES................................... 1-40 c� SECTION O FEDERAL WAGES DECISION 1-41 SECTION P - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 .............................................................. 1-48 SECTION Q - NON-COLLUSION AFFIDAVIT.......................................................................... 1-49 SECTION R—TEXTING WHILE DRIVING ............................................................................... 1-50 BIDDING REQUIREMENTS AND CONTRACT FORMS I-3 Packet Pg. 2696 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SECTION S— PROCUREMENT OF RECOVERED MATERIALS........................................... 1-51 SECTION T -VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS....... .............................................................................................................................1-52 C 0 .5 C 0 U E 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-4 Packet Pg. 2697 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual cu C 0 0 cu C3 INTENTIONALLY LEFT BLANK E 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-5 Packet Pg. 2698 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Thursday, August 18, 2022, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: RELOCATE RWY 7-25 PHASE I-TREE CLEARING MONROE COUNTY,FLORIDA cu Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridMLiblienotices.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.deman(istar.com 0 OR www.monroecounty-fl.gov/bids. The Public Record is available upon request. Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to C deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be + accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BID SLa) onroecounty-fl.gov,no later than 3:OOP.M.,on August 18,2022. 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: RELOCATE RWY 7-25 PHASE I-TREE CLEARING MONROE COUNTY,FLORIDA 8-18-2022 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—purc asin La). onroecounty-fl. ov 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 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 August 18, 2022. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833(San Jose) a� Publication dates: Citizen: Wed., 07/02/2022 Keys Weekly: Thur., 06/30/2022 News Barometer: Fri., 07/01/2022 Miami Herald: Fri., 07/01/2022 BIDDING REQUIREMENTS AND CONTRACT FORMS I-6 Packet Pg. 2699 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SECTION B INSTRUCTIONS TO BIDDERS " PRE-BID NOTICE: A Pre-Bid Conference will be held on Tuesday July 19th, 2022, at 2:00 PM in the 2nd Floor Airport Conference Room at the Florida Keys Marathon International Airport(9400 Overseas Highway, Marathon, FL 33050). Attendance at the Pre-Bid Conference is not mandatory. For additional information concerning the pre-bid conference, please contact Beth Leto, Deputy Director, Airport Finance and Admin. by phoning 305-809-5239. + 0 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. c, 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 0 the work or its prosecution. The filing of a Proposal shall be presumptive evidence that > the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, they may submit to the Engineer by EMAIL only: Kaly.Queiroz .iaco s.com, a 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-7 Packet Pg. 2700 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual documents and each respondent will be bound by such addenda, whether or not received by him/her. It is the responsibility of each respondent to verify that he/she has received all addenda issued before proposals are opened. Requests for interpretation will be accepted up to fifteen (15) calendar days prior to the bid due date. 4. ADDENDA: Any Addenda issued during the preparation of bids shall be included in the Proposal and shall become a part of the Contract Documents. Subcontractor's attention must be called to these changes as well as to the effect Addenda may have on their work. a 5. PREPARATION OF PROPOSAL: W Bidder shall submit the bidders proposal in electronic format (e-mail) only. Proposals shall be o submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for 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 > 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. c� 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-8 Packet Pg. 2701 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be grounds for rejection of the proposal. Where additive bids are provided in the plans and proposal, the bidder shall enter prices for the additive bid items. Additive bids are work items that the Owner would like to include in the project depending upon base bid prices and the availability of Federal, State, and local funding. 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: c 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 technical errors, t� irregularities or informalities in any bid as may be deemed to be in the best interests of the County. 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. 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 accordancera 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 technical errors, irregularities, or 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-9 Packet Pg. 2702 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual be made within one hundred twenty (120) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been 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 0 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 c 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 S 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 U award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times 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: > 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. c� 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-10 Packet Pg. 2703 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re-advertise. 14.CONTRACT TIME: The contractor shall begin work after 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 ninety(90) calendar days of Notice to Proceed Construction. a 0 If the Contractor does not comply with the contract time, then liquidated damages will apply as W per Special Provisions No. 2 and 3. + 0 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 c) 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: A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) 0 D. Drug-free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) c� F. Disclosure of Lobby Activities (Division I, Section G) c G. Acknowledgment of Receipt of Addendum (Division I, Section H) E 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 I-11 Packet Pg. 2704 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 W P. Bidder's Statement on Insurance(Division III, Section 140) c 0 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) 17.SUBMITTING BIDS: The Monroe County Purchasing Department hereby directs that bids be submitted via email to: O - IDS ,monroecounty-fleov, no later than 3:OOP.M., on August 18, 2022. 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING 08/18/2022 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 OMB- IDS amonroecounty-fI. ov, in advance of the bid opening, please email: om -purchasing amonroecounty®fLggv so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the E bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on August 18, 2022. You may call in by phone or internet using the following: BIDDING REQUIREMENTS AND CONTRACT FORMS I-12 Packet Pg. 2705 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Join Zoom Meeting https://mcbocc.z s/j/ Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156 (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) 0 .5 18.WITHDRAWAL OF BIDS: W Bids may be withdrawn on written or telegraphic request received from bidders prior to the c 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: U 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. c 22.CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-13 Packet Pg. 2706 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 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 0 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 W "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 c 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.PERM ITS: The county cautions bidders that the contractor shall also be responsible for the permit fees of any state or federal agency having permitting jurisdiction over the project, including but not limited to, the ACE, DNR, and DER. 26.PRE-SUBMITTALS: Pre-submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. > 27.SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. Contractor shall submit five (5) copies of shop drawings to the engineer for approval. 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). BIDDING REQUIREMENTS AND CONTRACT FORMS I-14 Packet Pg. 2707 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 29.SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re-mobilization or re- negotiation for time delay can be made. Depending on the bids received, certain quantities may be increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). a 0 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 Florida c Keys Marathon International Airport Operating Funds. 31.DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: The DBE goal for this FAA funded project is 10.1%. 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 2 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-15 Packet Pg. 2708 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section J. 34.EQUAL EMPLOYMENT OPPORTUNITY: E 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, c 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 t� 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. 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-16 Packet Pg. 2709 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 BID FROM: W 0 U 0 Submitted(Date): 2 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. V- 0 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 6 materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: RELOCATE RWY 7-25 PHASE I - TREE CLEARING FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT- BID SUBMISSION MONROE COUNTY, FLORIDA in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached Contract Documents for the unit prices listed opposite each item. BIDDING REQUIREMENTS AND CONTRACT FORMS I-17 Packet Pg. 2710 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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) a 0 It is agreed that the description under each item, being briefly stated, implies, although it does not W 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 c 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. T- 0 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, 0 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. E c� 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 Bank of or a bid bond for the sum of dollars ($ ) made BIDDING REQUIREMENTS AND CONTRACT FORMS I-18 Packet Pg. 2711 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. C Vendor Certification Regarding Scrutinized Companies Prime Bidder's Qualifications: + List of major contracts in past 10 years c List of equipment and plant available for this project Copy of latest financial statement Disclosure of Lobby Activities Acknowledgement of Receipt of Addendum Disadvantaged Business Enterprise Program DBE Utilization Form "Attachment 1", Division III _ DBE Letter of Intent"Attachment 2", Division III Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes Sworn Statement Under Ordinance No. 10-1990 — E 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 Bidder's Statement on Insurance Non-Collusion Affidavit E (Checkmark items above as a reminder that they are included.) BIDDING REQUIREMENTS AND CONTRACT FORMS I-19 Packet Pg. 2712 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Mailing Address: Phone Number: a 0 Date: Signed: 0 (Name) (Title) Witness: (Seal) E 0 76 c� LM CL c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-20 Packet Pg. 2713 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual ATTACH M ENT " A " SCHEDULE OF BID ITEMS BIDDER NAME: AIRPORT NAME: Florida Keys Marathon International Airport PROJECT: MTH Relocate RWY 7-25 Phase I - Tree Clearing 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: 0 AIRPORT NAME: FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT E PROJECT DESCRIPTION: MTH Relocate RWY 7-25 Phase I - Tree Clearing U 0 BASE BID ITE ESTIMATED UNIT EXTENDEI SPEC. No. ITEM DESCRIPTION UNIT M QUANTITY PRICE TOTAL TEMPORARY AIR AND 1 C-102-1 WATER POLLUTION, SOIL LS 1 EROSION, AND SILTATION CONTROL 2 C-102-2 SILT FENCE LF 5,673 E 3 C-105-1 MOBILIZATION LS 1 6 4 P-151-1 CLEARING AND GRUBBING ACRE 5.41 5 P-151-2 HAND CLEARING ACRE 0.43 6 P-151-3 SELECTIVE TREE REMOVAL EA 53 7 T-904-5.1 SODDING W/ 3" TOPSOIL SY 26,496 + CL 0 8 32 93 10-1 RE-PLANTING SCHEDULE LS 1 TOTAL $ E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-21 Packet Pg. 2714 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SECTION D BID BOND C 0 Contract KNOW ALL MEN BY THESE PRESENTS, that we: 0 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT- BID SUBMISSION MONROE COUNTY, FLORIDA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract 0 with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the 0, LM 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. c� 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-22 Packet Pg. 2715 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual cu C 0 0 cu C3 cu E 2 0 cu c� Lm CL c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-23 Packet Pg. 2716 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Signed and sealed this day of 120 C (Principal) (Seal) 0 (Witness) U (Title) (Surety) (Seal) (Witness) E 0 Countersigned by: c� By: (Title) E 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-24 Packet Pg. 2717 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: (Name of Business) 0 1 . Publish a statement notifying employees that the unlawful manufacture, + distribution, dispensing, possession or use of a controlled substance is prohibited in the 0 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' U 0 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. 0 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. , c� 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-25 Packet Pg. 2718 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. E a 0 1. Name of Bidder: 2. Business Address: c 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). 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 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). 0 9. The number of ears the person has operated under its resent name > Y p p p 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? c� 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-26 Packet Pg. 2719 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. a 0 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 c 0 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 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 0 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 c� 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-27 Packet Pg. 2720 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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.) a 0 Date: Firm Name: 0 By: Title: Notary Public: V- 0 E 0 76 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-28 Packet Pg. 2721 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: 0 (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 c 0 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 U 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. 0 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-29 Packet Pg. 2722 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum Signature Dale No. � a� C 0 0 t3 E 0 c� Lm CL c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-30 Packet Pg. 2723 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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") 0 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. 0 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: hftp://www3b.dot.state.fl.us/EgualOpportunityOffice usinessDirectory/ b) A certified DBE firm may only participate in a contract if it is performing a commercially useful function. A certified DBE firm performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the certified DBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 6 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 com pl eted Letters of Intent (LOI) between Bidder/Offerer and Disadvantaged Business Enterprise (DBE) forms for each DBE — See Division III, Section 150-07 "Other Contract LM Provision"Attachment 2 for this form. Alternatively, Bidder/Offeror may show good faith efforts to meet the DBE goal by providing an Application for Evaluation of Good Faith Effort to Meet DBE Goals form - See Division III, Section 150-07 "Other Contract Provision" — Attachment 3 for this form. Submittal of Attachment 3 also requires bidder/offer submittal of supporting documentation of good faith efforts. Failure to meet the DBE goal or demonstrate of good faith efforts to meet the DBE goal shall be grounds for a finding of non-responsibility. In connection with the DBE goal, Bidder/Offeror may be deemed responsible in one of two ways. a) The first way you may be deemed responsible is by submitting Letters of Intent (LOIs) from certified DBE firms which, cumulatively, fully meet the goal. b) If the Bidder/Offeror is unable to fully meet the DBE Goal, the second way the Bidder/Offeror may be deemed responsible is by demonstrating good faith efforts to meet BIDDING REQUIREMENTS AND CONTRACT FORMS I-31 Packet Pg. 2724 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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; 0 ii. Identifying appropriate contract portions and scopes of work that certified DBE firms could potentially perform; W iii. Providing timely and adequate information to the certified DBE firms(including + plans and specifications); c 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 U 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. 0 6. Reconsideration of Lack of Good Faith Efforts - Within five (5) days of being informed by the Airport's DBELO that a bidder/offeror is not responsive because it has not documented sufficient good faith efforts, the bidder or proposer may request administrative reconsideration. The bidder or proposer must make this request in writing to the Director of Airports: Director of Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 Phone: (305) 809- 5210 Following the receipt of the request for reconsideration the Director of Airports shall review the request and shall either act as the Reconsideration Official or appoint a Reconsideration Official to act on her behalf. The Reconsideration Official will not have a role in the original determination that a bidder/offeror failed to meet the DBE goal or to document good faith efforts. As part of the reconsideration, the bidder or proposer will have the opportunity to BIDDING REQUIREMENTS AND CONTRACT FORMS I-32 Packet Pg. 2725 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 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 W administratively appealable to the Department of Transportation — Federal Aviation + Administration (FAA). c 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 U 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. V- 0 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-33 Packet Pg. 2726 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: E t pse// 3 .dot.state.fl.us/E ualOpportunityOffice usinessDirectory/ a (As Required by Division III, Section 150 of the General Provisions) .5 a DBE Subcontractors Subcontract Work Item Dollar Value of Subcontract + Names/Address Work c 0 L) 0 76 c� E 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-34 Packet Pg. 2727 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 ) 0 BEFORE ME, the undersigned authority, personally appeared W 0 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 76 c� 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-35 Packet Pg. 2728 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 (Description) (LF SY) Quantity Cost Cost E a A 0 B W C 0 D TOTAL: Is Signature of Authorized Representative: U Title 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. E c� NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-36 Packet Pg. 2729 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project 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 0 2. This sworn statement is submitted by (name of entity submitting sworn statement) c, 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) 0 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 Packet Pg. 2730 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in 0 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 0 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. c, 0 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true T- in relation to the entity submitting this sworn statement. (Indicate which statement applies.) 0 Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn 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-38 Packet Pg. 2731 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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.) a 0 Signature of Authorized Representative: + 0 Title Date NOTARIAL JURAT STATE OF: V 0 COUNTY OF: 6 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 E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-39 Packet Pg. 2732 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not 0 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, c 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. c, (Signature) Date: NOTARIAL JURAT V- 0 E STATE OF: 0 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by 0' (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. E NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-40 Packet Pg. 2733 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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) a 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 t' permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, disability, sex, age, ancestry, marital status, familial status, sexual orientation, gender identity, expression or national origin, because of habit, local custom, or any other reason. The federally assisted construction agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain > such certifications in his files c� Signature of Contractor Title c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-41 Packet Pg. 2734 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION O FEDERAL WAGE DECISION "General Decision Number: FL20220147 02/25/2022 Superseded General Decision Number: FL20210147 State: Florida a Construction Type: Highway County: Monroe County in Florida. + 0 HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate U required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . lIf the contract is entered 1 . Executive Order 14026 1 linto on or after January 30, 1 generally applies to the 1 12022, or the contract is 1 contract. 1 lrenewed or extended (e.g. , an 1 The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30, 2022 : 1 least $15 . 00 per hour (or 1 > I the applicable wage rate 1 I listed on this wage 1 I determination, if it is 1 I higher) for all hours 1 c� spent performing on the 1 contract in 2022 . 1CL I I I lIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 1January 29, 2022, and the I contract. 1 lcontract is not renewed or 1 The contractor must pay alll lextended on or after January 1 covered workers at least 1 130, 2022 : 1 $11.25 per hour (or the 1 I I applicable wage rate listedl I I on this wage determination, ) I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022 . 1 BIDDING REQUIREMENTS AND CONTRACT FORMS I-42 Packet Pg. 2735 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual I I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https: //www.dol.gov/agencies/whd/government-contracts. 0 Modification Number Publication Date 0 01/07/2022 1 02/25/2022 U ELEC0349-002 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 .72 ---------------------------------------------------------------- * SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . . $ 11. 95 ** 1 . 44 CEMENT MASON/CONCRETE FINISHER. . . $ 13. 65 ** 0 . 00 6 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . . $ 12 .70 ** 0 . 00 HIGHWAY/PARKING LOT STRIPING: c� Operator (Spray Nozzleman) . . . . . . . $ 13. 08 ** 0 . 00 INSTALLER - GUARDRAIL. . . . . . . . . . . . $ 14 . 44 ** 0 . 00 IRONWORKER, REINFORCING. . . . . . . . . . $ 13. 85 ** 0 . 00 LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . . $ 12 . 17 ** 1 .71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . . $ 13. 60 ** 0 . 00 LABORER: Common or General. . . . . . $ 11. 96 ** 2 . 90 BIDDING REQUIREMENTS AND CONTRACT FORMS I-43 Packet Pg. 2736 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 a 0 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 U OPERATOR: Bulldozer. . . . . . . . . . . . . $ 13. 90 ** 0 . 00 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 6 OPERATOR: Oiler. . . . . . . . . . . . . . . . . $ 12 . 61 ** 0 . 00 OPERATOR: Paver (Asphalt, 2 Aggregate, and Concrete) . . . . . . . . . $ 18 . 17 0 . 00 U 0 LM OPERATOR: Roller. . . . . . . . . . . . . . . . $ 13.28 ** 2 .39 OPERATOR: Screed. . . . . . . . . . . . . . . . $ 15 .79 0 . 00 E U 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-44 Packet Pg. 2737 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual TRUCK DRIVER: Water Truck. . . . . . . $ 13. 05 ** 0 . 00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 a ($11 .25) . Please see the Note at the top of the wage determination for more information. 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 U employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is 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 https: //www.dol.gov/agencies/whd/government-contracts. 6 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) ) . c� ---------------------------------------------------------------- E The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . BIDDING REQUIREMENTS AND CONTRACT FORMS I-45 Packet Pg. 2738 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number 0 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 U 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 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. LM c� Survey wage rates are not updated and remain in effect until a CL new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-46 Packet Pg. 2739 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 0 WAGE DETERMINATION APPEALS PROCESS a 1 . ) Has there been an initial decision in the matter? This can b e. ° * an existing published wage determination * a survey underlying a wage determination U * 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 National Office because National Office has 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 c� 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1. 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the BIDDING REQUIREMENTS AND CONTRACT FORMS I-47 Packet Pg. 2740 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 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" U n 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-48 Packet Pg. 2741 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION P CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1, 5/90) C 0 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 o 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 c, subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. SIGNATURE OF CONTRACTOR TITLE E 0 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-49 Packet Pg. 2742 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 a the bidder making the bid proposal for the project described in the Notice for Calling for 0 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, c 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. (Signature of the Bidder) (Date) 0 NOTARIAL JURAT STATE OF: COUNTY OF: c� 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-50 Packet Pg. 2743 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 driving motor vehicles while performing work activities associated with the U 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. 0 76 c� E c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-51 Packet Pg. 2744 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: 0 a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, L) 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.e a. ov/e awaste/conserve/tools/c /products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA- designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or 0 c) Is only available at an unreasonable price. c� c� BIDDING REQUIREMENTS AND CONTRACT FORMS I-52 Packet Pg. 2745 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION T VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: E 0 Vendor's Authorized Representative Name and Title: Address: City: State: Zip: c Phone Number: Email Address: U Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may > subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. E Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms.myflonda.com/business operations/state purchasing/vendor information/convicted sus pended®discriminatopi complaints vendor lists BIDDING REQUIREMENTS AND CONTRACT FORMS I-53 Packet Pg. 2746 L.4.c E a 0 w 0 CONTRACT E .2 0 0, LM CL E —fPacket Pg. 2747 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual C 0 0 INTENTIONALLY LEFT BLANK E U E 0 c� E c� CONTRACT 11-2 Packet Pg. 2748 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND ........................................................................II-5 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ..............................................II-15 C SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS...............................................II-17 SECTION D - CONTRACT .......................................................................................II-19 + 0 U E 0 c� Lm E c� CONTRACT 11-3 Packet Pg. 2749 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� CONTRACT 11-4 Packet Pg. 2750 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: 0 1. Performs the contract dated, 2022 between Principal and County for construction of RELOCATE RWY 7-25 PHASE I - TREE CLEARING 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 6 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. c� 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. c� 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. 2751 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making + payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including U 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. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 0 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. LM 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, but not less than $250 million. CONTRACT 11-6 Packet Pg. 2752 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C 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 0 AGAINST PAYMENT BOND U 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. 2 Dated On: 0 c� LM CL 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. 2753 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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 C 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 0 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 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 c� 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. 2754 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING This waiver does not cover any retention or any labor, services, or materials furnished after the date specified. DATED ON C 0 (Claimant) + 0 By: n (c) When a person is required to execute a waiver of his or her right to make a claim against U 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 $_ hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner), for improvements to the following described project: RELOCATE RWY 7-25 PHASE I - TREE CLEARING > DATED ON Claimant By- (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c). (e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check. CONTRACT 11-9 Packet Pg. 2755 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. (3) The bond required in subsection (1) may be in substantially the following form: PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We as Principal and a corporation, as Surety, are bound to herein called Owner, in the sum of$ for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. 0 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 0 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 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 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. 0 Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this 0 bond. DATED ON c� (Name of Principal) By (As Attorney in Fact) (Name of Surety) c� (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. 2756 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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, 0 a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625. Any such alternative form of security shall be for the same + purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, U 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 0 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. 2757 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 c 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 t� 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 (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 the request: 0 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. c� 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. 2758 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: a 0 By: + 0 As Attorney-in-Fact SURETY: Address: L) 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. 2 To be acceptable to the County as Surety for Performance Bonds and Labor and Material 0 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 E 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. 2759 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. C POLICYHOLDER'S REQUIRED CONTRACT AMOUNT RATING FINANCIAL RATING $ 500,000 TO 1,000,000 A- CLASS I + 0 $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 50 000,000 TO A- CLASS VI $50,000,000 TO 100,000,000 A- CLASS V I I $50,000,000 TO 100,000,000 A- CLASS VII E 2 0 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: c� (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 E 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. 2760 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual S E C T I O N B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED C 0 0 U E 0 c� E c� CONTRACT 11-15 Packet Pg. 2761 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK ' E 0 c� E c� CONTRACT 11-16 Packet Pg. 2762 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida a 0 REF: RELOCATE RWY 7-25 PHASE I - TREE CLEARING Florida Keys Marathon International Airport 0 Gentlemen: n U 0 In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law- 1 . Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 0 4. Changes or alterations provided for in the original bid and originals contract c� Contractor E By: Title: CONTRACT 11-17 Packet Pg. 2763 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK ' E 0 c� E c� CONTRACT 11-18 Packet Pg. 2764 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual S E C T I O N D CONTRACT RELOCATE RWY 7-25 PHASE I - TREE CLEARING Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the day of by and between Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: 0 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING Florida Keys Marathon 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 fully complete all work hereunder within ninety(90) 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 LM ---------------------------------------------------- Dollars ($ E 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the CONTRACT 11-19 Packet Pg. 2765 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. a 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all W 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 c 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. c, 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. V- 0 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 0 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 c 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. c� 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 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 CONTRACT 11-20 Packet Pg. 2766 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C shall allow and permit reasonable access to, and inspection of, all documents, .5 records, papers, letters or other "public record" materials in its possession or under W 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 c 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 c) 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: (1) Keep and maintain public records that would be required by the County to perform the service. 0 (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. c� (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. c� (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 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 CONTRACT 11-21 Packet Pg. 2767 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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, C the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to C unilaterally cancel this contract upon violation of this provision by the + Contractor. A Contractor who fails to provide the public records to the c County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, RADLEY- RIAN ONROECOUNTY- L.GOV, MONROE COUNTY 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) 0 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, E 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 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, CONTRACT 11-22 Packet Pg. 2768 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. C 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 c 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. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. E 0 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, 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: CONTRACT 11-23 Packet Pg. 2769 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual FOR COUNTY: (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: E a 0 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. 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. 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. 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. CONTRACT 11-24 Packet Pg. 2770 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. a 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 W this Agreement, COUNTY and CONTRACTOR agree to participate, to the + extent required by the other party, in all proceedings, hearings, processes, c 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. 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 6 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 notLM 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 CONTRACT 11-25 Packet Pg. 2771 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 a employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or W be subject to any personal liability or accountability by reason of the execution of this + Agreement. c 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. 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 competentjurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title 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 0 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 c (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI II of the Civil Rights Act of 1968 (42 USC s. et seq.), 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. CONTRACT 11-26 Packet Pg. 2772 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: 0 Deputy Clerk Mayor/Chairman a CONTRACTOR c By: n Title: NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. 0 NOTARY PUBLIC *Who is authorized by the corporation to execute this contract. E c� CONTRACT 11-27 Packet Pg. 2773 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK ' E 0 c� E c� CONTRACT 11-28 Packet Pg. 2774 L.4.c E a 0 w 0 GENERAL PROVISIONS E .2 0 0, LM CL E Packet 'Pg. 2775 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-2 Packet Pg. 2776 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual D IV IS I ON 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 0 SECTION 40 SCOPE OF WORK III-19 W SECTION 50 - CONTROL OF WORK.....................................................................................III-23 c SECTION 60 - CONTROL OF MATERIALS........................................................................... III-30 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .................... III-34 U SECTION 80 - PROSECUTION AND PROGRESS................................................................ III-46 SECTION 90 - MEASUREMENT AND PAYMENT.................................................................III-54 SECTION 100 NUCLEAR GAUGES III-62 SECTION 110 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION .............III-64 SECTION 120 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.................................... III-66 E SECTION 130 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ....................... III-76 SECTION 140 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM III-96 m SECTION 150 - BUY AMERICAN PREFERENCES............................................................. III-123 E c� GENERAL PROVISIONS III-3 Packet Pg. 2777 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-4 Packet Pg. 2778 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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, C the intent and meaning shall be interpreted as follows: Paragraph Term Definition W Number 10-01 AASHTO The American Association of State Highway and c 0 Transportation Officials. 10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the U 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 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. 10-05 Airport Improvement A grant-in-aid program, administered by the Program (AIP) Federal Aviation Administration (FAA). 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. 10-10 Bidder Any individual, partnership, firm, or corporation, GENERAL PROVISIONS III-5 Packet Pg. 2779 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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. E 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 U 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 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 work, furnishing of labor, equipment and materials and the basis of payment. The awarded contract includes but may not be 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 the work contracted and for the payment of all GENERAL PROVISIONS III-6 Packet Pg. 2780 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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 C (CQCP) construction required by the contract conform to 0 contract plans, technical specifications and other requirements, whether manufactured by the + Contractor, or procured from subcontractors or vendors. c 0 10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of U 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 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. 10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the 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 previously modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative. GENERAL PROVISIONS III-7 Packet Pg. 2781 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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. a 0 b. Owner Force Account- Work performed for the project by the Owner's employees. 10-31 Intention of Terms Whenever, in these specifications or on the plans, c 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, U designation, or prescription of the Engineer and/or 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 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 T- all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 0 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 accordance with FAA Order 5300.1. 10-36 Notice to Proceed A written notice to the Contractor to begin the GENERAL PROVISIONS III-8 Packet Pg. 2782 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number (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. E 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 the work. 10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and E 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 particular 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. 10-46 Quality Assurance (QA) Owner's responsibility to assure that construction work completed complies with specifications for payment. GENERAL PROVISIONS III-9 Packet Pg. 2783 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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, E 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, 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 and takeoff of aircraft. 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 grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP rant for the airport. 10-56 Structures Airport facilities such as bridges; culverts; catch GENERAL PROVISIONS III-10 Packet Pg. 2784 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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. C 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 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 than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-61 Taxilane A taxiway designed for low speed movement of > 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 duties and obligations imposed by the contract, tans, andspecifications. 10-65 Working day A working day shall be any day other than a legal GENERAL PROVISIONS III-11 Packet Pg. 2785 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Paragraph Term Definition Number 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 0 considered as working days. 0 END OF SECTION 10 U 0 c� E c� GENERAL PROVISIONS III-12 Packet Pg. 2786 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 C 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 c 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 U responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner at the time of the bid opening. 0 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. c� GENERAL PROVISIONS III-13 Packet Pg. 2787 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. 0 D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of L) 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 actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 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 E 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. 20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidders proposal in GENERAL PROVISIONS III-14 Packet Pg. 2788 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C 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 C 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 c 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 U following reasons: A. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the E 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 4i 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. 2789 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. E C 0 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 0 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 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 subsection titled ISSUANCE OF PROPOSAL FORMS of this section. 0 END OF SECTION 20 c� E c� GENERAL PROVISIONS III-16 Packet Pg. 2790 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual S E C T I ON 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 0 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 W written in numbers, the unit price written in words shall govern. + 0 Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. 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. 0 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 GENERAL PROVISIONS III-17 Packet Pg. 2791 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds 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 E executed by the bidder and the surety guaranteeing the performance of the work and the 0 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. W Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum + equal to the full amount of the contract. c 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. T- 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF > CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. c� END OF SECTION 30 c� GENERAL PROVISIONS III-18 Packet Pg. 2792 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SEC T I ON 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. E 0 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 c 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 L) estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. > The Contractor is advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. c� 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. 2793 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 E covered by written change order. Change orders for such extra work shall contain agreed 0 unit prices for performing the change order work in accordance with the requirements °5 specified in the order, and shall contain any adjustment to the contract time that, in the W Engineer's opinion, is necessary for completion of such extra work. + 0 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. c, Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as > specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled c, 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. 2794 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 a incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. a The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not c be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. T- 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 6 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. c� 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, LM 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. 2795 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 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. 0 Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site > in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 c� GENERAL PROVISIONS III-22 Packet Pg. 2796 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 E 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. 0 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 U requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. > If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. GENERAL PROVISIONS III-23 Packet Pg. 2797 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. 0 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The W 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 0 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. 6 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 LM 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. 2798 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 C and shall perform it in proper sequence to that of the others. C 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish + horizontal and vertical control only. The Contractor must establish all layout required for the c 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 uncovering, or removing, and the replacing of the covering or making good of the parts GENERAL PROVISIONS III-25 Packet Pg. 2799 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. 0 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the > Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority 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. E 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of GENERAL PROVISIONS III-26 Packet Pg. 2800 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 all construction operations. .5 C 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 0 paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. T- 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final > inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the GENERAL PROVISIONS III-27 Packet Pg. 2801 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 FORADJUSTMENT 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 0 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 W 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 c written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to be defective or not in accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. 6 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. c� 50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the LM 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 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. GENERAL PROVISIONS III-28 Packet Pg. 2802 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. a 0 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 c 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 U the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. 0 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 E 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 GENERAL PROVISIONS III-29 Packet Pg. 2803 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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). C 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. 0 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 0 The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 15015345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement. se.pf,�rs to the Fequirome.pts of sited- materials y in the plans OF snedfiGatinns the CE)Rtra Gtnr shall fi irnish si ir-h eq iinme -nt tht is• o A. I=isGd ir, CAA Arl„iSOr„ (`irr-61Iar (AG) 1F.11 524E pFe„ed /Air EGI iinment0 ff `•l m 0 that is in oer-+ on the ate of advertiseent• and 0 • R nvuuved by the Mani 1f-r-ti ire- qualified (by CAA) to prod ir-e Gun--h� Sper-ified and listed egUipMeRt E The fnlln,niing eirnnrt lighting egUinment is required fnr this r-nntrer-t en`•7 is to he 0 nI NI C _Q I I TC NITNI A�TATC CITED C A A SPECIFICATIONS � U EFFECTIVE FAA AG (DR A PPROVA I I ET TER FOR . F=Q1 IIDAACNIT AN1Q N.. ..J . . .( iI IDCD 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 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. GENERAL PROVISIONS III-30 Packet Pg. 2804 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. C The form and distribution of certificates of compliance shall be as approved by the W Engineer. + 0 When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. 0 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. E c� Should the Engineer conduct plant inspections, the following conditions shall exist: 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. GENERAL PROVISIONS III-31 Packet Pg. 2805 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. a 0 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 0 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. c, Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. Q-0-0-6—E ENGINEER'S FIELD OFFICE AND LABORATORY. The GGn4r .'-;h-;;-4 f -PAMl^h fr\r Oho 11 r�4ir\ri r.f 4ho r�rr\ion4 r\rio h illlir,n fr\r Oho co r.f Oho field Crinirioo rc 6 &Il iRr GP esrvr$, &$�-fir e,ld- erffrirnco� T$�fa-crilni-ty aI�a-R-apprrey ;Age-athe FpF vof hiiil`•linn mo inn the rr 4 State Highway SpeGifiGatinn (fnr example, C 1 eta-�r�s-u,Te r��l�i�,-, sir—e�c��s� � sir nnn`•li4inninn anal eleGtriGity. Not required. 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. GENERAL PROVISIONS III-32 Packet Pg. 2806 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the 0 Contractor, shall not be returned to the site of the work until such time as the Engineer has .5 approved its use in the work. Per Section 255.04, Florida Statutes, the use of asbestos W 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 c for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. 6 END OF SECTION 60 c� E c� GENERAL PROVISIONS III-33 Packet Pg. 2807 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SEC T I ON 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He C 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. 0 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. U 0 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. T- 0 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 c LM (Leiner (Utility or Other FaGility) I gGatiGR /Qoo Dl-r, C'hoo4 NO.) � DP-.-v-,A-n 4n G-GRtaGt (Alamo Title Address and! PhGPA- E U 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-34 Packet Pg. 2808 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. C 0 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 0 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. c, 0 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. 6 Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. c� 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-35 Packet Pg. 2809 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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). a 0 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 W lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. + 0 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. E 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the > Contractor may require shall be constructed and maintained at the Contractor's expense. The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. E c� From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. GENERAL PROVISIONS III-36 Packet Pg. 2810 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. 0 The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of W the airport property. + 0 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or > he 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 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 GENERAL PROVISIONS III-37 Packet Pg. 2811 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 owner prior to completion of the entire contract, such "phasing" of the work shall be specified .5 herein and indicated on the plans. When so specified, the Contractor shall complete such W 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 c to permit such beneficial occupancy by the owner as described below: N/A Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work 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 6 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 expense. GENERAL PROVISIONS III-38 Packet Pg. 2812 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 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 W 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 c 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. 0 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 c notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later GENERAL PROVISIONS III-39 Packet Pg. 2813 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 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. W Should the Contractor damage or interrupt the operation of a utility service or facility by 0 accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. T 0 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. LM 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. GENERAL PROVISIONS III-40 Packet Pg. 2814 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. W (b) Stripping, excavation, and embankment. (c) Drainage and ditching. 0 (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. U (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control and methods of operations which shall be accepted by the Engineer. T- All bituminous and Portland cement concrete proportioning plants shall meet state requirements. 0 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. c� (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. c� b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. C. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, GENERAL PROVISIONS III-41 Packet Pg. 2815 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 E 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 0 prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of c, construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. 0 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 c 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. c� k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where GENERAL PROVISIONS III-42 Packet Pg. 2816 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire-fighting equipment and tools readily available. (3) Control of Other air Pollutants. E a. Minimum possible areas of open grading, borrow or aggregate excavation 0 shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. c� C. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. GENERAL PROVISIONS III-43 Packet Pg. 2817 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. C 0 j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust W diffusion. + 0 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. c, 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such 0 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. c 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. GENERAL PROVISIONS III-44 Packet Pg. 2818 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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, E one copy of the Summary of Wage Rates. 0 END OF SECTION 70 0 U 0 76 c� E c� GENERAL PROVISIONS III-45 Packet Pg. 2819 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 W 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 c 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 c) "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved > by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. c LM 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, E 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-46 Packet Pg. 2820 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. a 0 When the contract work requires the Contractor to work within an AIR OPERATIONS AREA W of the airport on an intermittent basis (intermittent opening and closing of the AIR + OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter c specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY N/A T- 0 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 0 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 E 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-47 Packet Pg. 2821 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. 6 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 0, Contractor's claim to the owner for consideration in accordance with local laws orLM 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-48 Packet Pg. 2822 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: 0 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 c and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1 ) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple- shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered > by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. c� 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-49 Packet Pg. 2823 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. 0 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. T- C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. 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 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-50 Packet Pg. 2824 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 c considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or 0 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 c� 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-51 Packet Pg. 2825 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job > will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the LM 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. E 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-52 Packet Pg. 2826 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-53 Packet Pg. 2827 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. C 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. + 0 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 t� 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. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal 0 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 c 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-54 Packet Pg. 2828 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. C 0 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. + 0 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 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). 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. 0 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. c� 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-55 Packet Pg. 2829 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 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 0 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 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. All costs in connection with furnishing, installing, certifying, testing, and maintaining > 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. c� 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 70. GENERAL PROVISIONS III-56 Packet Pg. 2830 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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, E except as provided for in the subsection titled ALTERATION OF WORK AND 0 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 W 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. c 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 contract item. 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. c� 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, LM 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. B. Comparison of Record. The Contractor and the Engineer shall compare GENERAL PROVISIONS III-57 Packet Pg. 2831 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. c 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 0 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. c� 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 for protection of the Owner's interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14 PARTIAL ACCEPTANCE. Contractor must provide GENERAL PROVISIONS III-58 Packet Pg. 2832 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per 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 Owner 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 a 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 Owner. When the a Owner 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. c When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or 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. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. 0, The bond or collateral shall include all costs, expenses, and attorney fees the Owner may beLM compelled to pay in discharging any such lien or claim. E 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. GENERAL PROVISIONS III-59 Packet Pg. 2833 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. 0 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. 0 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 t' 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 0 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. c� A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. LM B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. GENERAL PROVISIONS III-60 Packet Pg. 2834 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. 0 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. 0 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 0 76 c� c� GENERAL PROVISIONS III-61 Packet Pg. 2835 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 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. + 0 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. U The material shall be accepted on a lot basis. Each Lot shall be divided into eight(8) sublots when ASTM D 2922 is used. 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 accordance with the procedures specified in Section 110 of the General Provisions. The lower specification tolerance limit (L) for density shall be: Specification Tolerance (L) for Density, (percent of > Specification Item laboratory maximum) Number Item P-152 90.5 for cohesive material, 95.5 for non-cohesive 95.5 c� LM 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-62 Packet Pg. 2836 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 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 1557 for aircraft gross weights 60,000 pounds or more. C Additional verification tests will be made, if necessary, to properly classify all materials W placed in the lot. + 0 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. U END OF SECTION 100 E 0 c� LM E c� GENERAL PROVISIONS III-63 Packet Pg. 2837 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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). 0 .5 The Contractor alone shall be responsible for the safety, efficiency and adequacy of his W plant, appliances and methods of construction and for any damages which may result + from their failure or their improper construction, maintenance or operations. c 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 c) in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 110 T- 0 0 c� E c� GENERAL PROVISIONS III-64 Packet Pg. 2838 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-65 Packet Pg. 2839 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. W The Contractor will not be permitted to commence work governed by this contract 0 (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 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. 6 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. c� 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-66 Packet Pg. 2840 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 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. + 0 WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits t� 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 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 c� GENERAL PROVISIONS III-67 Packet Pg. 2841 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 E 0 $ 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 All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non-owned and hired vehicles > Required Limits: c� VLI $ 50,000/person; $100,000/occurrence 0' $ 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-68 Packet Pg. 2842 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 PO L2 $1,000,000/occurrence + POD $5,000,000/occurrence c ED1 Em to ee $10,000 ED2 Dishonesty $100,000 c) 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. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90 E VLP2 Caro $500,000 (Requires MCS-90 VLP3 I Transporter $1,000,000 (Requires MCS-90 BLL Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 H KL2 $500,000 H KL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 E c� Al R2 $1,000,000 Al R3 $1,000,000 AE01 I Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS III-69 Packet Pg. 2843 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 a 0 0 Liability policies are: Occurrence Claims Made U Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature 0 76 c� E c� GENERAL PROVISIONS III-70 Packet Pg. 2844 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual WORKERS ' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA C 0 AND W 0 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 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. E If the Contractor has been approved by the Florida Department of Labor as an authorized 0 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 LM addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. E c� GENERAL PROVISIONS III-71 Packet Pg. 2845 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA C 0 AND W 0 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 The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: 6 $ 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. E 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-72 Packet Pg. 2846 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND W 0 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: $ 500,000 per person $1,000,000 per occurrence E $ 100,000 property damage 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. c� c� GENERAL PROVISIONS III-73 Packet Pg. 2847 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual BUILDER ' S RISK INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND W 0 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 Windstorm Vehicles Hail Smoke Explosion Fire 0 Riot Collapse 6 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-74 Packet Pg. 2848 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 INTENTIONALLY LEFT BLANK U E 0 c� E c� GENERAL PROVISIONS III-75 Packet Pg. 2849 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 Florida Keys Marathon International Airport (herein called Sponsor) has established a C 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 a 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 c 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 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; E 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. E c� 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-76 Packet Pg. 2850 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 C significant changes in the Program. C 130.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE + 0 The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and their administration: The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FAA-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of FAA-assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry 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.) 0 130.06 REQUIRED CONTRACT CLAUSES > The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract and subcontract: c� 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 E 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-77 Packet Pg. 2851 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. a 0 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 c 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 U days from the receipt of each payment the prime contractor receives from the Monroe 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 Florida Keys Marathon 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 0 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 E 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. 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 GENERAL PROVISIONS III-78 Packet Pg. 2852 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. C 0 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 c 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 0 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 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. E 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 GENERAL PROVISIONS III-79 Packet Pg. 2853 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 a days of the preconstruction conference to Engineer/Architect/RPR. A separate form should be completed for each DBE firm. a 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 c 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. 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. T- 0 E 0 c� E c� GENERAL PROVISIONS III-80 Packet Pg. 2854 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 10.1 % 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 10.1 % DBE utilization on o 0 this Contract. The Bidder/Offeror (if unable to meet the DBE goal of 10.1 % 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. Name of Bidder/Offeror's firm: 0 State Registration No.: > By: Signature of Bidder/Offeror Name/Title E c� GENERAL PROVISIONS III-81 Packet Pg. 2855 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: a Address: City: State: Zip: + Name of DBE firm: Address: City: State: Zip: Telephone/ Email: Description of work to be performed by DBE firm: The Bidder/Offeror is committed to utilizing the above-named DBE firm for the work described E above. The estimated dollar value of this work is $ 0 By: Signature of Bidder/Offeror Name/Title LM Affirmation CL 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-82 Packet Pg. 2856 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 E PROJECT NAME: 9= 0 AIRPORT NAME: > AIP PROJECT NUMBER: + 0 PRIME CONTRACTOR: �y ADDRESS: CONTACT NAME: f) TEL/FAX/EMAIL: DBE GOAL FOR PROJECT: IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT): 1. NAME OF DBE FIRM: ESTIMATED PARTICIPATION:$ ESTIMATED PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK TO BE PERFORMED: E 0 m 2. NAME OF DBE FIRM: ESTIMATED PARTICIPATION:$ U ESTIMATED PERCENTAGE OF TOTAL PROJECT: % Lm CL OVERVIEW OF WORK TO BE PERFORMED: E U GENERAL PROVISIONS III-83 Packet Pg. 2857 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: % E OVERVIEW OF WORK TO BE PERFORMED: 0 0 4. NAME OF DBE FIRM: ESTIMATED PARTICIPATION:$ ESTIMATED PERCENTAGE OF TOTAL PROJECT: % U OVERVIEW OF WORK TO BE PERFORMED: The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractorto provide the above-referenced work associated with this project. Name of Prime Contractor E Signature Date 0 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 E U GENERAL PROVISIONS III-84 Packet Pg. 2858 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 E PROJECT NAME: 9= 0 AIRPORT NAME: AIP PROJECT NUMBER: PRIME CONTRACTOR: 0 ADDRESS: CONTACT NAME: m TEL/FAX/EMAIL: U DBE GOAL FOR PROJECT: % (FROM BID DOCUMENTS) IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE THIS FORM FOR EACH DBE FIRM INTENDED TO PERFORM IN THE CONTRACT): m NAME OF DBE FIRM: ADDRESS: CONTACT NAME: TEL/FAX/EMAIL: NAME OF FLORIDA UCP AGENCY WHERE CERTIFIED: VERIFIED DBE ON FDOT DBE DIRECTORY? 6 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:$ Lm CL 3. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: % 4. DETAIL SPECIFIC WORK TO BE PERFORMED: E U GENERAL PROVISIONS III-85 Packet Pg. 2859 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: 0 0 �9 Name of DBE Contractor/Subcontractor t,3 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/Subcontractorto provide the above-referenced work associated with this project. Name of Prime Contractor Signature of Prime Contractor Date E Print Name and Title 0 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 LM 3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs E U GENERAL PROVISIONS III-86 Packet Pg. 2860 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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) 9= O RECEIVED(MONTHLY)OR(FINAL)PROGRESS PAYMENT OF:$ (CIRCLE ONE) ON: FROM: UJI (DATE) (PRIME CONTRACTOR) + O FOR LABOR AND MATERIALS USED ON: Oy PROJECT NAME: AIRPORT: U AIRPORT PROJECT NUMBER: SIGNED BY OFFICIAL OF PRIME CONTRACTOR: PRIME CONTRACTOR SIGNATURE: TITLE: NOTARIZED: PERSONALLY KNOWN TO ME: DRIVER'S LICENSE NUMBER: OTHER IDENTIFICATION: SWORN AND SUBSCRIBED BEFORE ME THIS: DAY OF 120 E 2 NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES 0 TOTAL PAID TO THIS DBE THIS MONTH: $ TOTAL PREVIOUSLY PAID TO THIS DBE: $ TOTAL PAID TO THIS DBE TO DATE: $ LM SIGNED BY OFFICIAL OF DBE CONTRACTOR: CL DBE CONTRACTOR SIGNATURE: TITLE: NOTARIZED: PERSONALLY KNOWN TO ME: DRIVER'S LICENSE NUMBER: OTHER IDENTIFICATION: SWORN AND SUBSCRIBED BEFORE ME THIS: DAY OF 120 NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES GENERAL PROVISIONS III-87 Packet Pg. 2861 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: $ E PROJECTSUMMARY FOR: O (DBE CONTRACTOR) .5 ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: 9= 1. ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: $ + 2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: % O 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: U EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 1&3(OVERRUNS OR UNDERRUNS BY THIS DBE CONTRACTOR ON THIS PROJECT): EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 2&4(ESTIMATED/INITIAL BID PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR VERSUS ACTUAL PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR): E 0 U NOTES: 1. PAGE 1 OF THIS FORM IS DUE BY THE 10"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-88 Packet Pg. 2862 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 THROUGHOUTTHE DURATION OF WORK. PRIME CONTRACTOR: DATE REQUESTED: (MM/DD/YYYY) PROJECT#: PR AMOUNT($): (INCLUDING RETAINAGE) 0 PROJECT DESCRIPTION: RETAINAGE($): > (RETAINAGE) PAY REQUEST(PR)#: PR SUBTOTAL($): + (AMOUNT LESS RETAINAGE) DATE APPROVED(BY ENGINEER): (MM/DD/YYYY) n� U SUBCONTRACTOR PAYMENT REQUEST(SUB PR)TRACKING SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: NAME(DBE&NON- DBE) SUB PR# SUB PR# SUB PR# m SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) SUB PR# SUB PR# SUB PR# E SUB PR DATE SUB PR DATE SUB PR DATE 0 SUB PR SUB PR SUB PR > AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) m SUB PR# SUB PR# SUB PR# j SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR 4i AMOUNT($) AMOUNT($) AMOUNT($) F AINAGE($) RETAINAGE($) RETAINAGE($) U PRIME PAYMENTS RECEIVED BY COUNTY(COUNTY PAY) PRIME PAY REQUEST(PR)# COUNTY PAY# DATE RECEIVED AMOUNT($) 30-DAY PAY DATE GENERAL PROVISIONS III-89 Packet Pg. 2863 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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#: E SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: 0 NAME(DBE& > NON-DBE) SUB PR# SUB PR# SUB PR# 0 �9 PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) U PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE 0 PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) > m PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) U E U GENERAL PROVISIONS III-90 Packet Pg. 2864 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual ATTACHMENT 7 FORM E DBE EXPENDITURE REPORT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BYTHE PRIME CONTRACTOR FOR EACH DBE FIRM USED, WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR PROJECT NAME: E AIRPORT NAME: 0 AIP PROJECT NUMBER: PRIME CONTRACTOR: + ADDRESS: 0 �9 DBE CONTRACTOR: ADDRESS: U 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 E 0 U LM (Attach pages as needed to detail work performed) E 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-91 Packet Pg. 2865 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. C 0 Name of Prime Contractor Signature of Prime Contractor Date 0 �9 Print Name and Title U DBE Contractor's Certification Information: Name of Florida UCP Agency where DBE Contractor Certified: Name of DBE Contractor Signature of DBE Contractor Date Print Name and Title E 0 NOTES: > 1. THIS FORM IS DUE WITH EACH PAY REQUEST 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR U LM CL U GENERAL PROVISIONS III-92 Packet Pg. 2866 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 E PROJECT NAME: 9= 0 AIRPORT NAME: AIP PROJECT NUMBER: PRIME CONTRACTOR: 0 ADDRESS: CONTACT NAME: m TEL/FAX/EMAIL: U 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: ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: E 2 0 2. NAME OF DBE FIRM: ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: Lm E 3. NAME OF DBE FIRM: U ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: GENERAL PROVISIONS III-93 Packet Pg. 2867 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: O SUMMARY OF ACTUAL DBE UTILIZATION FOR PROJECT: O 0 ACTUAL PARTICIPATION:$ Oy ACTUAL PERCENTAGE OF TOTAL PROJECT: % PROVIDE EXPLANATION OF ANY DIFFERENCES FROM BID/PROPOSED DBE UTILIZATION: t,3 (ATTACH ADDITIONAL SHEETS AS NEEDED) a The undersigned certifies this Final Report on the Utilization of Disadvantaged Business Enterprises for this project. Name of Prime Contractor E 2 0 Signature of Prime Contractor Date Print Name and Title NOTES: 1. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR O 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT CL 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-94 Packet Pg. 2868 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-95 Packet Pg. 2869 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. + 0 a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, U and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash 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 0 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 c 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-96 Packet Pg. 2870 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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; E and 0 c (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. + 0 (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 th a contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall > refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv)The wage rate (including fringe benefits where appropriate) determined 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 in the wage determination or shall pay another bona fide fringe benefit or an GENERAL PROVISIONS III-97 Packet Pg. 2871 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action 0 or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 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 trainees, and the ratios and wage rates prescribed in the applicable programs. GENERAL PROVISIONS III-98 Packet Pg. 2872 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual (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 contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. a Government Printing Office, Washington, D.C. 20402. The prime Contractor is 0 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.) 0 (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) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work > performed, as specified in the applicable wage determination incorporated into the Contract. (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 0, "Statement of Compliance" required by paragraph c.(2)(b) of this section. LM (iv)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant or Owner, take such action as may be necessary to cause the suspension of GENERAL PROVISIONS III-99 Packet Pg. 2873 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 Administration, Bureau of Apprenticeship and Training, or with a State .5 Apprenticeship Agency recognized by the bureau, or if a person is employed in his or W her first ninety (90) days of probationary employment as an apprentice in such + as apprenticeship program, who is not individually registered in the program, but c 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 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 T- 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 0 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 c 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 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 GENERAL PROVISIONS III-100 Packet Pg. 2874 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C 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 C 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 c addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C. F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II , ¶ C, agrees as follows: 0 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, E recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for GENERAL PROVISIONS III-101 Packet Pg. 2875 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. C This provision shall not apply to instances in which an employee who has access to the compensation information C of other employees or applicants as a part of such employee's + essential job functions discloses the compensation of such c other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 0 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. c� 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 E 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. 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 GENERAL PROVISIONS III-102 Packet Pg. 2876 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. 0 e. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the W 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 0 subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. U 0 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 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 6 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 reportLM all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each 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 GENERAL PROVISIONS III-103 Packet Pg. 2877 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 a these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor a with all of these contract clauses. + 0 (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. U 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) 6 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. c� 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 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 GENERAL PROVISIONS III-104 Packet Pg. 2878 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and + subcontractor shall be liable to the United States (in the case of work 0 done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. e. Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as GENERAL PROVISIONS III-105 Packet Pg. 2879 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. W 140-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 0 A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). c, 0 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person 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 originLM regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically GENERAL PROVISIONS III-106 Packet Pg. 2880 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each 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 6 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. LM 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. 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 GENERAL PROVISIONS III-107 Packet Pg. 2881 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the 0 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 al I + foremen, superintendents, and other onsite supervisory 0 personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the > union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. c� 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. 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 GENERAL PROVISIONS III-108 Packet Pg. 2882 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 E 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 c 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 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. GENERAL PROVISIONS III-109 Packet Pg. 2883 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 E Contractor's obligations under these Specifications are being 0 carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing 0 facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for c, subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of 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. c� 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). GENERAL PROVISIONS III-110 Packet Pg. 2884 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 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 0 Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, > helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the GENERAL PROVISIONS III-111 Packet Pg. 2885 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 E 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. 0 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 notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto 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 anotherwho 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 LM sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or 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 GENERAL PROVISIONS III-112 Packet Pg. 2886 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 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 c employment because of race, color, religion, sex, or national origin. The 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 apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. E 3. The Contractor will send, to each labor union or representative of workers with 0 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 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. GENERAL PROVISIONS III-113 Packet Pg. 2887 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. a 7. The Contractor will include the portion of the sentence immediately W preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every + subcontract or purchase order unless exempted by rules, c regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase U order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre-Construction Conference. E 0 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 c� Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: TIMETABLES: 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 GENERAL PROVISIONS III-114 Packet Pg. 2888 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must 0 be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minority and W women evenly on each of its projects. The transfer of minority or female + employees or trainees from contractor to contractor or from female c employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 6 4. As used in this notice and in the Contract resulting from this solicitation, the If area" is in Marathon, Monroe County, State of Florida. F. Required Reports. c� 1. Monthly Employment Utilization Reports (SF 257). This Report is to be CL prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre-Construction Conference. 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 GENERAL PROVISIONS III-115 Packet Pg. 2889 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve(12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: a. Nonexempt.Contractors/subcontractors are not exempt based on 41 CFR 60- C 1.5, and b. Number of Employees. Has fifty (50) or more employees, W C. Contractor/Subcontractor. Is a prime contractor or first tier + subcontractor, and c 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 U 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. E 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. c� 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 E 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 GENERAL PROVISIONS III-116 Packet Pg. 2890 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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. E a 0 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 0 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 c, permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from > proposed subcontractors for specific time periods) he will 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. c, Signature of Contractor Title c� 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 GENERAL PROVISIONS III-117 Packet Pg. 2891 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. C 0 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 0 Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); T- 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 0 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. c 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 GENERAL PROVISIONS III-118 Packet Pg. 2892 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. C This certification is a material representation of fact upon which reliance was 0 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. c 0 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 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. 0 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. 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 GENERAL PROVISIONS III-119 Packet Pg. 2893 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 W 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 0 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. 6 9. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with theLM 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. GENERAL PROVISIONS III-120 Packet Pg. 2894 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent a 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 a preceding fiscal year exceeded $10,000; procuring solid waste management + services in a manner that maximizes energy and resource recovery; and c 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 U 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 E (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents > of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. E 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 GENERAL PROVISIONS III-121 Packet Pg. 2895 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). C 0 (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services c produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of S the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a U 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; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. c� 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. END OF SECTION 140 GENERAL PROVISIONS III-122 Packet Pg. 2896 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual SECTION 150 BUY AMERICAN PREFERENCES APPENDIX A Page 1 BUY AMERICAN CERTIFICATE JAN (1991) 0 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 c — 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 T- 0 0 c� E c� GENERAL PROVISIONS III-123 Packet Pg. 2897 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 a 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 c 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 t' 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 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 (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; LM (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 c� (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-124 Packet Pg. 2898 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 W 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 0 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. c� 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 components, exclusive of final assembly labor costs. (End of Clause) T- 0 E 2 0 END OF SECTION 150 > c� E c� GENERAL PROVISIONS III-125 Packet Pg. 2899 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� GENERAL PROVISIONS III-126 Packet Pg. 2900 L.4.c E a 0 w 0 SPECIAL PROVISIONS E .2 0 0, LM CL E —fPacket 'Pg. 2901 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-2 Packet Pg. 2902 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 .5 C SP-3 CONTRACT TIME AND LIQUIDATED DAMAGES IV-25 0 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 SP-7 - LIST OF DRAWINGS...................................................................................................IV-41 SP-8 - TEMPORARY FACILITIES..........................................................................................IV-43 SP-9 DEWATERING IV-49 SP-10 - PRECEDENCE OF DOCUMENTS............................................................................IV-51 SP-11 FINAL PAY REQUESTS AND RELATED FORMS IV-53 E 0 c� E c� SPECIAL PROVISIONS IV-3 Packet Pg. 2903 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-4 Packet Pg. 2904 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SPECIAL PROVISION NO . 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Florida Keys Marathon International Airport 2. SCOPE OF WORK The work includes - RELOCATE RWY 7-25 PHASE I - TREE CLEARING 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. c 0 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within ninety(90)calendar days from Notice to Proceed Construction as stipulated in Special Provision Nos. 2 and 3. U 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. 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. 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). E c� 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) SPECIAL PROVISIONS IV-5 Packet Pg. 2905 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the E actual existing conditions and the Contract Documents, he shall within fifteen (15) a 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 W the Contractor. + 0 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 the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project will take place between the hours of 7 AM and 4 PM. All work within the Runway Safety Area must occur while Runway 7-25 is closed, although there is no foreseen need for work within RSA. Refer to the CSPP for more information regarding Airfield Security. 0 C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. LM 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 SPECIAL PROVISIONS IV-6 Packet Pg. 2906 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual purpose and intent of the drawings and specifications for the project. 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. a 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 c 0 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. U 0 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. LM 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, E 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. 2907 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 C. Progress schedules shall be updated monthly. .5 C 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 c percent of the value of the in-place construction. 16. PROGRESS SCHEDULE. U Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary network phasing diagram (Preliminary Schedule) indicating a comprehensive overview of the Project including an activity line for each of the work segments to be performed at the site. 1) Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. 2) The submitted schedule shall be reviewed by the Engineer and Owner for conformance to Critical Dates and overall project 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 0, need-to-know responsibility, including three (3) copies to theLM 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. 2908 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; + then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Workwithin the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 18. CHANGES IN THE SCHEDULE. E 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. 2909 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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. E C 0 B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts W the work and continue until Final Completion and Acceptance of the + Project. 0 C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The 6 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. 2910 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual access point onto the airport. The name Florida Keys Marathon 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: a 0 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). 0 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. c, 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in duplicate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. J. Personnel Traffic: 0 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. c� 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. Accumulation of trash and debris will not be allowed and the RPR may SPECIAL PROVISIONS IV-11 Packet Pg. 2911 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. + 0 B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. c, 0 C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading T- 2) Excessive internal or external pressures E 3) Solvents 0 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in SPECIAL PROVISIONS IV-12 Packet Pg. 2912 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 a immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall W be coordinated with the Engineer and Owner with regard to time and + method. c 2) Accidental Demolition: All structures or parts thereof that may S become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. U Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. T- 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. > 22. CONSERVATION AND SALVAGE c� A. General: It is a requirement for supervision and administration of the Work that 0, LM construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. SPECIAL PROVISIONS IV-13 Packet Pg. 2913 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. 0 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. U 0 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. E A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be > continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all c changes or corrections made by addenda and change orders as they are issued. E Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. SPECIAL PROVISIONS IV-14 Packet Pg. 2914 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, W addenda and change orders, marked-up product data submittals, record + samples, field records for variable and concealed conditions such as c excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored 6 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 0, LM work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, change order numbers and similar identification. Require each person preparing the mark-up to initial and date the mark-up and indicate the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. In showing changes in the work use the same legends as used on the original drawings. Indicate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. b) Preparation of Record Drawings: In preparation for SPECIAL PROVISIONS IV-15 Packet Pg. 2915 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 a Engineer shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information W were recorded thereon. The Engineer shall then organize into + manageable sets, bind with durable paper cover sheets, and print c suitable titles and dates. The markup set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub- contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-Built drawings is a pre-requisite for Final Payment. C. Record Specifications 1) During progress of the work, maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, mark-up variations (of 0 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 c mark-up, submit to the Engineer for the Owner's records. Label the front cover"PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data 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 SPECIAL PROVISIONS IV-16 Packet Pg. 2916 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 a Immediately prior to the date(s) of substantial completion, the Engineer and W Owner's personnel will meet with the Contractor on site, and will + determine if any of the submitted samples maintained by the Contractor during c 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: 0 1 Required field records on excavations, foundations underground > q 9 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. E c� 4) Asphalt or PCC pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are SPECIAL PROVISIONS IV-17 Packet Pg. 2917 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 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 W time variation, if any, shall be applicable to other provisions of this section. + 0 H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. > d) Advise the Owner of pending insurance change-over requirements. c� e) Obtain and submit releases enabling the Owner's full andLM unrestricted use of the work and access to services and 4i utilities, including, where required, occupancy permits, operating certificates, and similar releases. E c� f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. SPECIAL PROVISIONS IV-18 Packet Pg. 2918 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 0 form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance c, 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. 0 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 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 SPECIAL PROVISIONS IV-19 Packet Pg. 2919 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. a 0 b) Furnish the Contractor's Affidavit of Release of Liens (2 W copies) that all material men and subcontractors have been paid + in full. In the event they have not been paid in full, the Owner c shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an U 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. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. SPECIAL PROVISIONS IV-20 Packet Pg. 2920 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. 0 K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1 ) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. 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 E Engineer for the Owner's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet SPECIAL PROVISIONS IV-21 Packet Pg. 2921 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 a commitments. Permit owner employees to video tape operating and maintenance instructions. a 26. FINAL CLEANING. c 0 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 0 B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. 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. c� E c� SPECIAL PROVISIONS IV-22 Packet Pg. 2922 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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: + 0 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. c� 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 October2022. 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. 2923 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 May 2023. At this time the Contractor shall develop all the construction activities necessary to complete the work in accordance with the contract documents. ninety (90) calendar days will be allowed to complete the work in its entirety. C 0 Construction work under this project will be accomplished during the day- W time unless otherwise shown on the plans. The construction work + included in this project has to be done as shown on the plans. c 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. During the week of Fantasy Fest(October 21) 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� E c� SPECIAL PROVISIONS IV-24 Packet Pg. 2924 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO DESCRIPTION CONTRACT PROCEED TIME TO COM PLETE This notice shall allow the Contractor to obtain any necessary construction permits required to NOTICE TO accomplish the work. Also, during this time the Contractor shall U PROCEED 120 Calendar PERMITS/ order and deliver materials, Days equipment and supplies needed to ADMINISTRATIVE complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during the stage. 2 0 NOTICE TO Project consists of the clearing of Maximum 90 PROCEED future ROFA associated with RWY 7-25 Calendar Days CONSTRUCTION shift north. c, c� SPECIAL PROVISIONS IV-25 Packet Pg. 2925 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 None (no on-site construction) activity is being Notice to Proceed Permit accomplished this time C 0 If the Contractor fails to achieve final completion within the 90 calendar days fixed therefore by the Engineer in its + Notice to Proceed partial certificate of substantial completion, the Contractor shall pay the owner the sum of 1 000.00 per day, 0 Construction 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. U E 0 76 c� E c� SPECIAL PROVISIONS IV-26 Packet Pg. 2926 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 IDS 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 0 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 c� 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, , 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. 2 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. 2927 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-28 Packet Pg. 2928 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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: 0 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 c Owner. b. Determine test sites/locations, coordinate and supervise testing. c, C. Interpret plans and specification details. d. Resolve minor construction problems. e. Maintain project records. f. Review and approve requests for payment to the Contractor. g. Conduct day-to-day construction observations. h. Maintain a project diary on a daily basis. E 0 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. c� SPECIAL PROVISIONS IV-29 Packet Pg. 2929 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-30 Packet Pg. 2930 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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. 0 B. Radio Communications. When working in an Air Operations Area (AOA), W whether closed or not, the Contractor shall maintain communications by two- + way radio with the Airport Radio Frequency during all hours of Radio c Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. 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 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. 2931 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 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 0 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 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 75' of an active runway centerline or 62' from an active taxiway centerline or open excavations in excess of three inches (Y) deep within the above areas will require closure of the affected > runway or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) above. 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. 2932 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 and included in the mobilization cost. 9) During runway closures, the Contractor shall use the runway closure c, 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 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 barricades are properly placed and lighted for non-work hours. E 0 12) Equipment, materials, open trenches, excavation and stockpiled material will > not be allowed within 250' of centerline of active runways or within 62' 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. 2933 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 C 0 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. c 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 Manager or Director. All contractor traffic authorized to enter the site > shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. This will preclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operation areas inadvertently. SPECIAL PROVISIONS IV-34 Packet Pg. 2934 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 E 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 0 nighttime hours. The Contractor's vehicles will not be allowed access to other portions of the Airport other than the work and staging areas. All construction employee vehicles must be parked in the designated staging area. Privately owned vehicles may be allowed on the airfield at the discretion of Marathon Airport. All equipment will be parked in the staging area at the close of work each and whenever it is not in use. All equipment booms must be lowered at the close of each day's work or when stored. The Contractor much control all project related construction access through the designated project access gates and/or doors. The access point must be secured following entry. G. Identification — Personnel. Gate access cards will be issued to the Contractor for access to the work sites. Gate cards will be issued to key personnel, for example supervisors and site superintendents. All > individuals granted access to the work area will be made to understand the work zone limits and may not, under any circumstances, go beyond the work limits. c� H. Manager or Director. The work on the Florida Keys Marathon 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. J. Contractor shall maintain security at all times during construction. SPECIAL PROVISIONS IV-35 Packet Pg. 2935 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 0 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 0 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, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. C. Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. 2 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 E 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. 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 SPECIAL PROVISIONS IV-36 Packet Pg. 2936 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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. C 0 H. Breach of Agreement. Should TSA determine that the airport tenant .5 or one or more of the airport tenant's employees, agents, invitees, or W licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA c imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. 1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, 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. 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 SPECIAL PROVISIONS IV-37 Packet Pg. 2937 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual 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 C 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 c 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 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 0 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 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 SPECIAL PROVISIONS IV-38 Packet Pg. 2938 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 C remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees C and costs incurred in the investigation, defense, + compromising, mitigation, or taking of remedial action c measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport 0 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 E not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. 4) Survival of Sub-Section. This sub-section h shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. SPECIAL PROVISIONS IV-39 Packet Pg. 2939 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 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 a any nature whatsoever, of or to any person or property in connection with the use of the airport property under this a Agreement, regardless of causation and including criminal + acts of third parties; and especially including any and all c 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. T- 0 E 0 c� E c� SPECIAL PROVISIONS IV-40 Packet Pg. 2940 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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: RELOCATE RWY 7-25 PHASE I - TREE CLEARING 0 GENERAL 0 G-001 COVER SHEET G-002 INDEX OF DRAWINGS, ABBREVIATIONS AND LEGEND t3 G-003 GENERAL NOTES G-004 SUMMARY OF QUANTITIES G-101 GENERAL SITE AND SURVEY CONTROL PLAN G-301 HAUL ROUTE AND PART 77 SURFACES G-401 PHASING PLAN G-402 PHASING AND SAFETY DETAILS CIVIL C-101 EXISTING CONDITIONS 0 C-102 EXISTING CONDITIONS C-103 EXISTING CONDITIONS C-104 EXISTING CONDITIONS C-105 EXISTING CONDITIONS C-106 EXISTING CONDITIONS ; C-107 EXISTING CONDITIONS — PHOTOS C-201 DEMOLITION PLAN cis C-202 DEMOLITION PLAN C-203 DEMOLITION PLAN C-204 DEMOLITION PLAN C-205 DEMOLITION PLAN C-206 DEMOLITION PLAN C-207 DEMOLITION PLAN SPECIAL PROVISIONS IV-41 Packet Pg. 2941 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C-208 DEMOLITION PLAN C-501 EROSION CONTROL PLAN C-508 EROSION CONTROL DETAILS a 0 0 U E 0 c� E c� SPECIAL PROVISIONS IV-42 Packet Pg. 2942 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SPECIAL PROVISION NO. 8 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless 0 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 W temporary facilities may be permitted subject to the Engineer's and Owner's approval + and acceptance. c 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. E F. Fire Protection: In addition to temporary water service for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible > date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. E 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-43 Packet Pg. 2943 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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. 0 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. 0 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. t) 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. 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 storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. 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-44 Packet Pg. 2944 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 -Tree Clearing Issued for Bid 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. 0 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. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent 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. E c� SPECIAL PROVISIONS IV-45 Packet Pg. 2945 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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. a B. The Contractor shall provide temporary wiring if required. All wiring shall meet 0 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 0 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. , E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS E The staging area(s) depicted on the plans shall be used to store all idle equipment, supplies and construction materials (other than bulk materials such as > aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates asLM 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-46 Packet Pg. 2946 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 0 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 W might occur. + 0 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. c, 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. 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. 6 The cost for these temporary environmental controls shall be considered incidental to the project. c� E c� SPECIAL PROVISIONS IV-47 Packet Pg. 2947 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK ' E 0 c� E c� SPECIAL PROVISIONS IV-48 Packet Pg. 2948 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid 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 C shall be discharged through a portable sediment removal/filtration system (dewatering bag) prior to discharge into a storm sewer inlet. W No separate payment will be made for the cost of dewatering. 0 E 0 76 c� E c� SPECIAL PROVISIONS IV-49 Packet Pg. 2949 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-50 Packet Pg. 2950 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid 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 0 provide for a complete work. C 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, the order of precedence shall be as follows: 0 A. Bid Documents (Division ()(including any and all Addenda) B. Contract (Division I I) 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 c� E c� SPECIAL PROVISIONS IV-51 Packet Pg. 2951 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-52 Packet Pg. 2952 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual SPECIAL PROVISION NO . 11 FINAL PAY REQUESTS AND RELATED FORMS cu 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 a PROJECT GENERAL REQUIREMENTS Section 25 (Division IV). .5 a 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. c 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, U 0 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) E 0 c� E c� SPECIAL PROVISIONS IV-53 Packet Pg. 2953 L.4.c Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase I - Tree Clearing Issued for Bid Project Manual C 0 0 U INTENTIONALLY LEFT BLANK E 0 c� E c� SPECIAL PROVISIONS IV-54 Packet Pg. 2954 L.4.d IF III iirlil IIII iir °I°IIII iiri IIII iiir °I° iiriiir I°iiii iir IIII iiiiiiiq iil Monroe County Project No. GAMA82 Relocate Runway 7-25 Phase 1 - Tree Clearing r. Issued for Bid Project Manual - Volume 2 OF 2 0 Technical Specifications and Appendices ,c I ,N r i a Prepared for: CN THE MON ROE COUNTY BOARD OF COUNTY COMMISSIONERS 0 Mr. David Rice, District 4 Mayor 76 Mr. Craig Cates, District 1 Mayor Pro Tem Ms. Michelle Coldiron, District 2 Commissioner VACANT UNTIL FILLED, District 3 Commissioner Ms. Holly Raschein, District 5 Commissioner Prepared by: c� 7 .Jacobs < 3150 SW 38th Ave., Suite 700 Miami, FL 33146 305.441 .1864 August 2022 Packet Pg. 2955 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I-Tree Clearing and Mitigation Project Manual TABLE OF CONTENTS -VOLUME 2 of 2 BIDDING REQUIREMENTS AND CONTRACT FORMS Division V-Technical Specifications I. C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 2. C-105 Mobilization 0 3. P-102 Safety and Security 4. P-151 Clearing and Grubbing + 5. T-904 Sodding 6. T-905 Topsoiling 7. 32 93 10 Re-Planting Schedule t3 Appendix 1 —Construction Safety and Phasing Plan cN 0 0 c� L_ CL c� TABLE OF CONTENTS Packet Pg. 2956 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I-Tree Clearing and Mitigation Issued for Bid Project Manual Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control DESCRIPTION 102-1. This item shall consist of temporary control measures as shown on the plans or as ordered by the Resident Project Representative (RPR)during the life of a contract to control pollution of air and water, soil erosion, and siltation through the use of silt fences,berms, dikes, dams, sediment basins,fiber mats, gravel,mulches,grasses, slope drains, and other erosion control devices or methods. C Temporary erosion control shall be in accordance with the approved erosion control plan;the approved + Construction Safety and Phasing Plan (CSPP) and AC 150/5370-2, Operational Safety on Airports 0 During Construction. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective,and continuous erosion control throughout the construction period. U Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites,waste areas, and temporary plant sites. Temporary control measures shall be designed,installed and maintained to minimize the creation of wildlife attractants that have the potential to attract hazardous wildlife on or near public-use airports. The Contractor will be required to file an NPDES Notice of Intent and Storm Water Pollution Prevention 3: Plan (SWPPP). The costs to file the permit and plan will not be measured or paid for separately but shall be considered incidental to Pay Item C-102-1 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control. w N MATERIALS 102-2.1 Grass. Grass that will not compete with the grasses sown later for permanent cover per Item T- 0 901shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. Selected grass species shall not create a wildlife attractant. 102-2.2 Mulches. , mate" rvaseaab!�, eleaii and fFee of a&iietts weeds and deleter-iotts materials per-14em T 909. Mulehes- c� sha4 re. e + a ,;kalif .4,-.,4& + CL 102-2.3 Fertilizer. Fertilizer shall be a standard commercial grade and shall conform to all federal and ; state regulations and to the standards of the Association of Official Agricultural Chemists. 102-2.4 Slope drains. Slope drains may be constructed of pipe, fiber mats,rubble, concrete, asphalt, or c� other materials that will adequately control erosion. 102-2.5 Silt fence. Silt fence shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life. Silt fence shall meet the requirements of ASTM D6461. 102-2.6 Other.All other materials as shown on the Contract Drawings shall meet commercial grade standards and shall be approved by the RPR before being incorporated into the project. TEMPORARY AIR AND WATER POLLUTION, C-102-1 SOIL EROSION,AND SILTATION CONTROL Packet Pg. 2957 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I-Tree Clearing and Mitigation Issued for Bid Project Manual CONSTRUCTION REQUIREMENTS 102-3.1 General. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other federal, state, or local agencies,the more restrictive laws,rules, or regulations shall apply. The RPR shall be responsible for assuring compliance to the extent that construction practices, construction operations,and construction work are involved. 102-3.2 Schedule. Prior to the start of construction,the Contractor shall submit schedules in accordance with the approved Construction Safety and Phasing Plan (CSPP) and the plans for accomplishment of temporary and permanent erosion control work for clearing and grubbing;grading; construction;paving; 0 and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials.Work shall not be started W until the erosion control schedules and methods of operation for the applicable construction have been + accepted by the RPR. 0 102-3.3 Construction details. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the plans and approved CSPP. Except where future construction operations will damage slopes,the Contractor shall perform the U permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage;that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices,but are not associated with permanent control features on the project. Where erosion may be a problem, schedule and perform clearing and grubbing operations so that grading operations and permanent erosion control features can follow immediately if project conditions permit. Temporary erosion control measures are required if permanent measures cannot immediately follow grading operations. The RPR shall limit the area of clearing and grubbing, excavation,borrow,and embankment operations in progress,commensurate with the Contractor's capability and progress in keeping the finish grading,mulching, seeding, and other such permanent control measures current with the accepted schedule. If seasonal limitations make such coordination unrealistic,temporary erosion 0 control measures shall be taken immediately to the extent feasible and justified as directed by the RPR. The Contractor shall provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes,ponds, or other areas of water impoundment as directed by the RPR. If temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or directed by the RPR,the work shall be performed by the Contractor and the cost shall be incidental to this item. The RPR may increase or decrease the area of erodible earth material that can be exposed at any time based on an analysis of project conditions. The erosion control features installed by the Contractor shall be maintained and cleaned by the Contractor during the construction period, at the discretion of the RPR. The debris must be disposed of legally off'Airport property. Provide temporary structures whenever construction equipment must cross watercourses at frequent intervals. Pollutants such as fuels,lubricants, bitumen,raw sewage,wash water from concrete mixing operations, and other harmful materials shall not be discharged into any waterways, impoundments or into natural or manmade channels. TEMPORARY AIR AND WATER POLLUTION, C-102-2 SOIL EROSION,AND SILTATION CONTROL Packet Pg. 2958 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I-Tree Clearing and Mitigation Issued for Bid Project Manual 102-3.4 Installation,maintenance and removal of silt fence. Silt fences shall extend a minimum of 16 inches (41 cm)and a maximum of 34 inches (86 cm)above the ground surface. Posts shall be set no more than 10 feet(3 m) on center. Filter fabric shall be cut from a continuous roll to the length required minimizing joints where possible.When joints are necessary,the fabric shall be spliced at a support post with a minimum 12-inch(300-mm) overlap and securely sealed. A trench shall be excavated approximately 4 inches (100 mm) deep by 4 inches (100 mm)wide on the upslope side of the silt fence. The trench shall be backfilled and the soil compacted over the silt fence fabric. The Contractor shall remove and dispose of silt that accumulates during construction and prior to establishment of permanent erosion control. The fence shall be maintained in good working condition until permanent erosion control is established. Silt fence shall be removed upon approval of the RPR. C 0 102-3.5 Dewatering. Dewatering practices shall be used to remove groundwater or accumulated rain > water from excavated areas including but not limited to drainage, mitigation areas, muck excavation, W etc. The Contractor must pump all water from these areas to a temporary sedimentation basin, to an + d area completely enclosed by silt fence in a flat vegetated area where discharges can infiltrate into the 0 ground, or other approved means. The water may never be discharged into storm drains, streams, salt 0 ponds, lakes, or wetlands unless the sediment has been removed before discharge. The water table elevation is stated in the geotechnical investigation completed by Tierra South Florida. The Contractor is responsible for dewatering in all conditions, including during King Tides.Prior to dewatering, the U a� Contractor must submit a Generic Permit for Discharge of Ground Water from Dewatering Operations (Form 621.300) as part of the NPDES Notice of Intent. It is the Contractor's responsibility to become X familiar with the conditions of working in the Florida Keys and the necessary requirements to perform excavations and dewatering. No additional compensation or contract time will be granted due to 'a dewatering activities. d METHOD OF MEASUREMENT 102-4.1 Temporary erosion and pollution control work as shown on the plans and as scheduled or directed by the RPR shall be measured on a lump sum basis. The lump sum includes the installation, N maintenance, and removal of sediment filters and turbidity barriers. The NPDES Notice of Intent, 0 SWPPP, and dewatering plan and dewatering activities shall also be included in the lump sum measurement. Measures that are required by the NPDES permit shall not be measured or paid for > separately with the exception of silt fence which shall be measured and paid for per linear foot. 0E)f pefaeeepted � c� 0 rompefafy slope drains will be meastir-o a by the i;roar-feet i o+o 4i e.Temper-afy benehes, dikes,dams, and sedimef4 basins will be meastir-ed by the etibie yard (ettbic- (etibie motor-) of embaakmef4 plaeod as dir-eeted by the RPR. e a. Installation and removal of silt fence will be measured by the linear foot. The lump sum temporary erosion and pollution control work will be paid with the following schedule of'partial payments: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. TEMPORARY AIR AND WATER POLLUTION, C-102-3 SOIL EROSION,AND SILTATION CONTROL Packet Pg. 2959 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I-Tree Clearing and Mitigation Issued for Bid Project Manual c. When 50% or more of the original contract is earned, an additional 20%. d. When 75% or more of the original contract is earned, an additional 20% e.After final inspection and acceptance of project, the final 10%. 102-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas,haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor. C 0 .5 C BASIS OF PAYMENT 102-5.1 Accepted quantities of temporary air and water pollution, soil erosion, and siltation control work 0 ordered by the RPR including installation,maintenance, and removal of inlet sediment control devices, turbidity barriers, dewatering activities and any other temporary air and water pollution requirements S from the NPDES shall be measured as provided in paragraph 102-4.1 will be paid for as lump sum, except for silt fence, which will be paid for per linear foot. U a� Item C-102-1 Temporary Air and Water Pollution, Soil Erosion,and Per lump sum Siltation Control Item C-102-2 Silt Fence Per linear foot 3Mier-e other-dir-eeted wer4i falls within the speeif4eations for-a weAE item that has a eei+t-Faet pr4ee,the E REFERENCES 0 The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Advisory Circulars (AC) c� AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports 0 AC 150/5370-2 Operational Safety on Airports During Construction ASTM International(ASTM) ASTM D6461 Standard Specification for Silt Fence Materials United States Department of Agriculture (USDA) FAA/USDA Wildlife Hazard Management at Airports,A Manual for Airport Personnel END OF ITEM C-102 TEMPORARY AIR AND WATER POLLUTION, C-102-4 SOIL EROSION,AND SILTATION CONTROL Packet Pg. 2960 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Item C-105 Mobilization 105-1 Description. This item of work shall consist of,but is not limited to,work and operations necessary for the movement of personnel, equipment,material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-2 Mobilization limit. Mobilization shall be limited to 10 percent of the total project cost. 105-3 Posted notices. Prior to commencement of construction activities,the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime + Contractor: Equal Employment Opportunity(EEO)Poster"Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster(WH 1321) -DOL"Notice to All Employees"Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. U 0 METHOD OF MEASUREMENT 105-5 Basis of measurement and payment. Based upon the contract lump sum price for"Mobilization" partial payments will be allowed as follows: a.With first pay request, 25%. b.When 25%or more of the original contract is earned, an additional 25%. N 0 c.When 50%or more of the original contract is earned, an additional 40%. E d.After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as 0 required by Section 90,paragraph 90-11, Contractor Final Project Documentation, the final 10%. BASIS OF PAYMENT 105-6 Payment will be made under: CL Item C-105-1 Mobilization Per Lump Sum a� c� REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Office of Federal Contract Compliance Programs (OFCCP) Executive Order 11246, as amended EEOC-P/E-1 —Equal Employment Opportunity is the Law Poster MOBILIZATION C-105-1 Packet Pg. 2961 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual United States Department of Labor,Wage and Hour Division (WHD) WH 1321 —Employee Rights under the Davis-Bacon Act Poster END OF ITEM C-105 C 0 0 C3 cN 0 E 0 c� L_ CL 4i E c� MOBILIZATION C-105-2 Packet Pg. 2962 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Item P-102 Safety and Security DESCRIPTION 102-1.1 The provisions of this safety and security plan and associated procedures are applicable within the boundaries of the Florida Keys Marathon International Airport. A complete understanding of all procedures and requirements contained herein is required to ensure safety during construction. The 0 Airport has completed a Construction Safety and Phasing Plan (CSPP), which is included in Appendix 1 of the Project Manual. It is required that the contractor comply with this CSPP at all times during the W project. The contractor shall be required to submit for approval a Safety Plan Compliance Document < (SPCD) which details how the contractor will comply with the CSPP. This safety plan is a part of this 0 Contract and deviations from the requirements established herein will be sufficient cause for Contract termination. Required reference material associated with this safety plan includes: FAA AC 150/5200-18C,Airport Safety Self-Inspection FAA AC 150/5210-51), Painting, Marking and Lighting of Vehicles Used on an Airport FAA AC 150/5370-2G, Operational Safety on Airports During Construction These documents are available online at http://www.faa.gov/airports/resources/advisor circulars or can be provided upon request. CONTRACTOR SAFETY AND SECURITY OFFICER cN 102-2.1 CONTRACTOR SAFETY AND SECURITY OFFICER(CSSO). The Contractor shall appoint its on-site Construction Superintendent or other qualified individual(s) as its 6 duly authorized representative to serve as Contractor Safety and Security Officer(CSSO) for the duration > of the Contract. The CSSO shall thoroughly understand the safety and security requirements of the Contract, the necessity for them and shall have sufficient authority to implement its provisions without significant deviation. The Contractor shall notify the Resident Project Representative (RPR) in writing of the name of the individual(s) selected for the assignment. The CSSO shall represent the Contractor on safety and security requirements compliance. The CSSO shall be especially knowledgeable regarding the requirements of FAA AC's 150/5200-18, Airport Safety Self Inspection Guide and 150/5370-2 Operational Safety on Airports During Construction,latest edition. c� 102-2.2 RESPONSIBILITIES OF THE CONTRACTOR SAFETY AND SECURITY OFFICER. Prior to the desired date for commencement of any work on the project, the CSSO shall accomplish the following: a. Develop and submit in writing a detailed work sequence schedule with dates and times specified for all milestone events. This sequence schedule shall be subject to the approval of the RPR. To assure adequate time for coordination,this document shall be submitted at least one week prior to the date of the Pre-construction Conference. SAFETY& SECURITY P-102-1 Packet Pg. 2963 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual b. Develop and submit in writing a detailed outline of the procedures to be followed to maintain safety and security of both Contractor operations and the integrity of airport landside and airside operations during the prosecution of contract work. This plan shall detail, in addition, the procedures to be followed in the event of an accident or fire involving Contractor personnel and the Contractor's efforts to maintain fire protection and security. These procedures shall be subject to the approval of the RPR and reflect any change as may be deemed necessary. c. Conduct at least one meeting of all Contractor supervisory personnel prior to the start of contract work. The purpose of this meeting is to review the approved Work sequence schedule and safety C 0 and security procedures. Attendance at this meeting by the CSSO, all Contractor supervisory personnel and the RPR is mandatory. This meeting shall also be open to other employees of the Contractor and C others as the Construction Manager may deem appropriate. Minutes of this meeting shall be taken by the + CSSO, copies provided to each supervisor and kept on file in the Contractor's construction office for 0 periodic review and updating. d. Develop a safety and security orientation program and provide a briefing for all employees of the Contractor and subcontractors that will be used on the project. A similar briefing will be given to new c) employees prior to their use on contract work. In addition, the CSSO shall be responsible for briefing, from time to time, all Contractor personnel on any changes to safety and security measures deemed necessary. e. Submit a Safety Plan Compliance Document (SPCD) to the airport operator describing how it will comply with the requirements of the CSPP and supplying any details that could not be determined before contract award. The SPCD must include a certification statement by the contractor that indicates it understands the operational safety requirements of the CSPP and it asserts it will not deviate from the approved CSPP and SPCD unless written approvals granted by the airport operator. Any construction practice proposed by the contractor that does not conform to the CSPP and SPCD may impact the airport's operational safety and will require a revision to the CSPP and SPCD and re-coordination with CN the airport operator and the FAA in advance. E 0 1) The Safety Plan Compliance Document (SPCD) should include a general statement by the > construction contractor that he/she has read and will abide by the CSPP. In addition, the SPCD must include all supplemental information that could not be included in the CSPP prior to the contract award. The contractor statement should include the name of the , contractor, the title of the project CSPP, the approval date of the CSPP, and a reference to any supplemental information (that is, "I , Name of Contractor , have read the Title of PrCL oject CSPP, approved on Date , and will abide by it as written and with the following .i additions as noted:"). The supplemental information in the SPCD should be written to match the format of the CSPP indicating each subject by corresponding CSPP subject �E number and title. If no supplemental information is necessary for any specific subject, the statement, "No supplemental information," should be written after the corresponding subject title. The SPCD should not duplicate information in the CSPP: i. Coordination. Discuss details of proposed safety meetings with the airport operator and with contractor employees and subcontractors. ii. Phasing. Discuss proposed construction schedule elements, including: 1. Duration of each phase. SAFETY& SECURITY P-102-2 Packet Pg. 2964 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 2. Daily start and finish of construction 3. Duration of construction activities during: iii. Areas and operations affected by the construction activity. These areas and operations should be identified in the CSPP and should not require an entry in the SPCD. iv. Protection of NAVAIDs. Discuss specific methods proposed to protect operating NAVAIDs. a 0 v. Contractor access. Provide the following: 1. Details on how the contractor will maintain the integrity of the airport security fence (Monroe County Sheriff's Airport Security Office Technician or Deputy as + gate guards, daily log of construction personnel, and other). 0 2. Listing of individuals requiring driver training (for certificated airports and as requested). .� 3. Radio communications. 4. Types of radios and backup capabilities. U 5.Who will be monitoring radios. 6.Whom to contact if the Airport cannot reach the contractor's designated person by radio. 7. Details on how the contractor will escort material delivery vehicles. 8. Compliance with FWC boater safety regulations. vi. Wildlife management. Discuss the following: 1. Methods and procedures to prevent wildlife attraction. 2.Wildlife reporting procedures. vii. Foreign Object Debris (FOD) management. Discuss equipment and methods for `1" 0 control of FOD, including construction debris and dust. 0 viii. Hazardous material (HAZMAT) management. Discuss equipment and methods > for responding to hazardous spills. ix. Notification of construction activities. Provide the following: , 1. Contractor points of contact. 2. Contractor emergency contact. 3. Listing of tall or other requested equipment proposed for use on the CL .. airport and the timeframe for submitting 7460-1 forms not previously submitted by the airport operator. �E c� x. Inspection requirements. Discuss daily (or more frequent) inspections and special inspection procedures. xi. Underground utilities. Discuss proposed methods of identifying and protecting underground utilities. xii. Penalties.Any penalties are identified in the CSPP. SAFETY& SECURITY P-102-3 Packet Pg. 2965 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual xiii. Special conditions. Discuss proposed actions for each special condition identified in the CSPP. xiv. Runway and taxiway visual aids. Including marking, lighting, signs, and visual NAVAIDs. Discuss proposed visual aids including the following: 1. Equipment and methods for covering signage and airfield lights. xv. Marking and signs for access routes. Discuss proposed methods of demarcating access routes for vehicle drivers. a 0 xvi. Hazard marking and lighting. Discuss proposed equipment and methods for identifying excavation areas. xvii. Protection of runway and taxiway safety areas, including object free areas, 0 obstacle free zones, and approach/departure surfaces. Discuss proposed methods of identi in demarcating, and protecting airport surfaces includin identifying, g, P g g: 1. Equipment and methods for maintaining Taxiway Safety Area standards. U 2. Equipment and methods for separation of construction operations from aircraft operations, including details of barricades. xviii. Other limitations on construction should be identified in the CSPP and should not require an entry in the SPCD. 2) Have available at all times copies of the CSPP and SPCD for reference by the airport operator and its representatives, and by subcontractors and contractor employees. 3) Ensure that construction personnel are familiar with safety procedures and regulations on the airport. Provide a point of contact who will coordinate an immediate response to N correct any construction-related activity that may adversely affect the operational safety E of the airport. Contractor shall provide 24-hour coverage. 4) Identify in the SPCD the contractor's on-site employees responsible for monitoring compliance with the CSPP and SPCD during construction. At least one of these employees must be on-site whenever active construction is taking place. , c� 5) Conduct inspections sufficiently frequently to ensure construction personnel comply with the CSPP and SPCD and that there are no altered construction activities that could create CL potential safety hazards. E 6) Restrict movement of construction vehicles and personnel to permitted construction areas by flagging, barricading, erecting temporary fencing, or providing escorts, as appropriate and as specified in the CSPP and SPCD. 7) Ensure that no contractor employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations area (AOA) from the construction site unless authorized. SAFETY& SECURITY P-102-4 Packet Pg. 2966 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 8) The Contractor shall submit and receive approval of SPCD prior to issuance of Notice to Proceed. CONSTRUCTION SEQUENCING 102-3.1 CONSTRUCTION SEQUENCE. The Contractor shall prepare a construction schedule and submit to the RPR at least one week prior to the pre-construction conference. 0 MARKING AND LIGHTING + 102-4.1 Proper marking and lighting of areas on the airfield associated with the construction shall be the 0 responsibility of the Contractor and shall be described by the SPCD. This will include properly marking and lighting closed runways, taxiways, taxilanes, and aprons, the limits of construction, material storage areas, equipment storage areas, haul routes, parking areas and other areas defined as required for the U Contractor's exclusive use. The Contractor shall erect and maintain around the perimeter of these areas suitable marking and warning devices visible for day and night use. Temporary barricades, flagging, and flashing warning lights shall be required at critical access points. The type and location of marking and warning devices will be approved by the RPR. Special emphasis shall be given to open trenches, excavations, heavy equipment marshalling areas, and stockpiled material located in the airport operations area, which shall be predominantly marked by the Contractor with flags and lighted by approved light units during hours of restricted visibility and darkness. All marking shall be in accordance with FAA Advisory Circular (AC) 150/5340-1J or latest edition. w cN 0 TRAFFIC CONTROL 6 102-5.1 VEHICLE IDENTIFICATION. > The Contractor shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site. Contractor employee vehicles shall be restricted to the Contractor's staging area and are not allowed in the Airport Operations Area (AOA) at any time. To be authorized to operate on the airport,each Contractor or subcontractor's vehicle shall: a. be marked/flagged for high daytime visibility and lighted for nighttime operations. Vehicles that are not marked and/or lighted shall be escorted by a vehicle appropriately marked and/or lighted. Vehicles requiring escort shall be identified on the list. b. be identified with the name and/or logo of the Contractor and be of sufficient size to be identified at a distance. Vehicles needing intermittent identification could be marked with tape or with commercially available magnetically attached markers. Vehicles that are not appropriately identified shall be escorted by a vehicle that conforms to this requirement. Vehicles requiring escort shall be identified on the list. c. be operated in a manner that does not compromise the safety of either landside or airside SAFETY& SECURITY P-102-5 Packet Pg. 2967 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual airport operations. If, in the opinion of the RPR, any vehicle is operated in a manner not fully consistent with this requirement, the RPR has the right to restrict operation of the vehicle or prohibit its use on the airport. 102-5.2 ACCESS TO THE SITE OF CONSTRUCTION. The Contractor's access to the site shall be as shown on the Plans. No other access points shall be allowed unless approved by the RPR. All Contractor traffic authorized to enter the site shall be experienced in the route or guided by Contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on the site, and for the operation and security of E the access gate to the site. A Contractor's flagman or traffic control person shall monitor and coordinate 0 all Contractor traffic at the access gate with Airport Security. The Contractor shall not permit any unauthorized construction personnel or traffic on the site. Access gates to the site shall be locked and secured at all times when not attended by the Contractor. If the Contractor chooses to leave any access gate open, it shall be attended by Contractor personnel who are familiar with the requirements of the 0 Airport Security Program and have been approved by Airport Operations. The Contractor is responsible for the immediate cleanup of any debris deposited along the access route as a result of his construction traffic. Directional signing from the access gate along the delivery route to the storage area, plant site or work site shall be as directed by the RPR. In addition,the following requirements are applicable: a. All Contractor traffic authorized to travel on the airport shall have been briefed as part of the Contractor's construction safety and security orientation program, be thoroughly familiar with the access procedures and route for travel or be escorted by personnel authorized by the Contractor Safety and Security Officer(CSSO). b. The Contractor shall install work site identification signs at the authorized access point(s). If, in the opinion of the RPR, directional signs are needed for clarity, they shall be installed along the route authorized for access to each construction site. c. Under no circumstance will Contractor personnel be permitted to drive their individually C1" 0 owned vehicles to any construction site on the airport. All vehicles must be parked in the area designated for Contractor's employee parking. d. In addition to the inspection and cleanup required at the end of each shift, the Contractor is responsible for the immediate cleanup of any debris generated along the construction site access route(s) as a result of construction related traffic or operations whether or not created by Contractor personnel. , c� The Contractor must maintain through traffic along all access routes during construction. The Contractor may not disturb any existing wetland areas on the Mitigation Site beyond what is shown on 0- the plans. a E 102-5.3 MATERIAL SUPPLIERS. All material suppliers, subcontractors and visitors to the work site are obligated to follow the same safety and security operating procedures as the Contractor. All material suppliers shall make their deliveries using the same access points and routes as the Contractor and shall be advised of the appropriate delivery procedures at the time the materials order is placed. The Contractor shall not use the Airport address for any delivery but shall use the street address appropriate to the location of the entrance of the work site. If it is not practical to conform to the vehicle identification requirements of Section 102-5.1 and the safety and security operations program requirements of Section 102-2.2, the Contractor shall be prepared to escort all suppliers, subcontractors and visitors while they are on the airport. SAFETY& SECURITY P-102-6 Packet Pg. 2968 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 102-5.4 PERSONNEL IDENTIFICATION. All employees, agents, vendors, invitees, etc. of the Contractor or subcontractors requiring access to the construction site shall, conform to the Security Program. 102-5.5 CONSTRUCTION BARRICADES. The Contractor shall be required to procure, deliver, and place low-profile construction barricades as indicated in the Construction Drawings. The Contractor shall be required to maintain barricades in proper working condition. The Contractor shall be required to set up and break down barricades for each phase 0- of construction as indicated in the Construction Drawings. GENERAL SAFETY REQUIREMENTS 0 102-6.1 All Contractor vehicles that are authorized to operate on the airport outside of the designated construction area limits or haul routes as defined herein shall display in full view above the vehicle a flashing amber (yellow) dome-type light or a three-foot by three-foot, or larger, orange and white checkerboard flag, each checkerboard color being one-foot square. Vehicles must be under control of a Contractor mobile (two-way) radio operator (flagmen) monitoring the Airport frequency. Vehicle ' operators must be vigilant for conflict with any aircraft and give way to any operating aircraft. X All Contractor vehicles that are required to operate outside of the construction area limits as defined herein and cross active runways,taxiways, aprons, or runway approach clear zones shall do so under the direct control of a flagman who is monitoring the Airport frequency. Flagmen and two-way radios shall be furnished by the Contractor. Flagmen shall be instructed in the use of two-way radios prior to use. All aircraft traffic on runways,taxiways and aprons shall have priority over Contractor's traffic. Construction vehicles not in use for extended periods during the work day, or during nights and weekends cN (non work periods) shall be parked away from active runways,taxiways, and aprons in designated vehicle marshalling areas. 6 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 staging areas during nighttime hours. c� 102-6.2 In order to protect all aircraft traffic, aviation related businesses, terminal apron areas, etc. from potential damage caused by foreign object debris (FOD) generated by construction activities, the Contractor shall provide a full time on site vacuum truck as required at the startup of construction to daily vacuum all pavements affected by construction. The vacuum truck shall remain on-site for the duration of the project and shall be available at the discretion of the Owner to vacuum pavement areas adjacent to the construction areas to ensure no FOD is present on pavements within 500 feet of any construction area. Protecting the aircraft, airport tenants, users, public, etc. against FOD is a critical safety issue therefore the cost of the vacuum truck will be included in the cost established for this specification item. CONSTRUCTION CONTROL 102-7.1 A primary and alternate responsible Contractor's representative shall be designated by the Contractor. The Contractor's representatives shall be available locally on a 24-hour basis. Names of the SAFETY& SECURITY P-102-7 Packet Pg. 2969 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual primary and alternate, including phone number, shall be made available to the Construction Manager by the Contractor. The Contractor shall insure that the names and phone numbers are kept current and made available to the RPR. CONSTRUCTION TECHNIQUES 102-8.1 Construction shall be planned and conducted throughout this project in such a manner as to allow the maintenance of completely safe airport operations. Every effort shall be made to reduce the impact of construction activity on overall airport operations. To this end the Contractor's activities shall be conducted in such a manner so as to preclude, except where absolutely required, open excavations, trenches, ditches and above ground obstacles such as booms on cranes or obstacle markers such as 0- wooden saw horses. The primary responsibility for assuring that the safest possible construction techniques are followed rests with the Contractor Safety and Security Officer(CSSO). METHOD OF MEASUREMENT 102-9.1 Safety and Security shall be considered incidental to Mobilization and no separate measurement shall be made. U BASIS OF PAYMENT 102-10.1 Safety and Security shall be considered incidental to Mobilization and no separate payment shall be made. This price shall include safety and security measures for personnel or materials related to this specification item. This compensation shall be full compensation for furnishing placing and removal of all materials, barricades, signage, sweepers, and for all labor, equipment, tools, and incidentals necessary to complete the item. END OF ITEM P-102 cN 0 0 c� L- CL 4i E c� SAFETY& SECURITY P-102-8 Packet Pg. 2970 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Item P-151 Clearing and Grubbing DESCRIPTION 151-1.1 This item shall consist of clearing or clearing and grubbing,including the disposal of materials, for all areas within the limits designated on the plans or as required by the Resident Project Representative (RPR). a. Clearing shall consist of the cutting and removal of all trees, stumps,brush, logs,hedges,the C removal of fences and other loose or projecting material from the designated areas. The grubbing of 0 stumps and roots will not be required. b. Clearing and grubbing shall consist of clearing the surface of the ground of the designated areas of all trees, stumps, down timber, logs, snags,brush,undergrowth,hedges,heavy growth of grass or 0 weeds,fences, structures, debris, and rubbish of any nature,natural obstructions or such material which in the opinion of the RPR is unsuitable for the foundation of strips,pavements,or other required structures, including the grubbing of stumps, roots,matted roots, foundations, and the disposal from the project of all spoil materials resulting from clearing and grubbing. c. Tree Removal. Tree Removal shall consist of the cutting and removal of isolated single trees or isolated groups of trees,and the grubbing of stumps and roots. The removal of all the trees of this classification shall be in accordance with the requirements for the particular area being cleared.No trees are to be cleared outside designated(on the plans) areas without the approval of the RPR. The Contractor must have a Registered Land Surveyor on-site to stake out the approximate location of the trees per the coordinates provided and to identify the isolated trees that are obstructions to the specified surface. The Registered Land Surveyor will identify the trees using the specified surface as described in the Contract Drawings.All trees that are obstructions to the specified surface must be removed ., c� CONSTRUCTION METHODS 0 151-2.1 General. The areas denoted on the plans to be cleared and grubbed shall be staked on the ground > by the Contractor as indicated on the plans prior to construction beginning. The staked limits must be approved by RPR before clearing and grubbing activities can begin. The removal of existing structures and utilities required to permit orderly progress of work shall be accomplished by local agencies,unless otherwise shown on the plans.Whenever a telephone pole, pipeline, conduit, sewer, roadway, or other utility is encountered and must be removed or relocated,the Contractor shall advise the RPR who will notify the proper local authority or owner to secure prompt action. E 151-2.1.1 Disposal. All materials removed by clearing or by clearing and grubbing shall be disposed of outside the Airport's limits at the Contractor's responsibility, except when otherwise directed by the RPR. eh els dispose fb the r r*,-.,ete In no case, shall any discarded materials be left in windrows or piles adjacent to or within the airport limits. The manner and location of disposal of materials shall be subject to the approval of the RPR and shall not create an unsightly or objectionable view.When the Contractor CLEARING AND GRUBBING P-151-1 Packet Pg. 2971 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual is required to locate a disposal area outside the airport property limits,the Contractor shall obtain and file with the RPR permission in writing from the property owner for the use of private property for this purpose. 151-2.1.2 Blasting. Blasting shall not be allowed. 151-2.2 Clearing. The Contractor shall clear the staked or indicated area of all materials as indicated on the plans. Trees unavoidably falling outside the specified clearing limits must be cut up,removed, and disposed of in a satisfactory manner. To minimize damage to trees that are to be left standing,trees shall be felled toward the center of the area being cleared. The Contractor shall preserve and protect from injury all trees not to be removed. The trees, stumps, and brush shall be cut flush with the original ground C surface. The grubbing of stumps and roots will not be required. Fences shall be removed and disposed of as directed by the RPR. Fence wire shall be neatly rolled and the wire and posts stored on the airport if they are to be used again, or stored at a location designated by the RPR if the fence is to remain the property of a local owner or authority. 151-2.3 Clearing and grubbing. In areas designated to be cleared and grubbed, all stumps, roots,buried logs,brush,grass, and other unsatisfactory materials as indicated on the plans, shall be removed, except where embankments exceeding 3-1/2 feet(105 cm) in depth will be constructed outside of paved areas. U For embankments constructed outside of paved areas, all unsatisfactory materials shall be removed,but sound trees, stumps, and brush can be cut off flush with the original ground and allowed to remain. Tap roots and other projections over 1-1/2 inches (38 mm)in diameter shall be grubbed out to a depth of at least 18 inches (0.5 m)below the finished subgrade or slope elevation. Any buildings and miscellaneous structures that are shown on the plans to be removed shall be demolished or removed, and all materials shall be disposed of by removal from the site. The cost of removal is incidental to this item. The remaining or existing foundations,wells, cesspools, and like structures shall be destroyed by breaking down the materials of which the foundations,wells, cesspools, etc.,are built to a depth at least 2 feet(60 cm)below the existing surrounding ground. Any broken concrete,blocks, or other objectionable material that cannot be used in backfill shall be removed and cN disposed of at the Contractor's expense. The holes or openings shall be backfilled with acceptable material and properly compacted. 6 All holes in embankment areas remaining after the grubbing operation shall have the sides of the holes > flattened to facilitate filling with acceptable material and compacting as required in Item P-152. The same procedure shall be applied to all holes remaining after grubbing in areas where the depth of holes exceeds the depth of the proposed excavation. c� 151-2.4 Hand Clearing. In the wetland areas,the Contractor must remove the trees/mangroves by hand with a chainsaw or equivalent equipment.Removal of vegetation will be limited to above-ground hand removal only.Refer to the Contract Plans for additional information on hand-clearing.Prior to clearing,the Contractor must survey the wetland limits to ensure the limits of hand clearing. METHOD OF MEASUREMENT cis 151-3.1 The quantities of clearing and grubbing as shown by the limits on the plans shall be number of acres of land specifically cleared and grubbed. This price shall be full compensation for all labor, equipment, tools, removals, hauling, surveying, and incidentals necessary to complete this item in accordance with this specification (P-151). 151-3.3 The quantity of'hand clearing as shown by the limits on the plans shall be the number of'acres of land cleared by hand This price shall be full compensation for all labor, equipment, tools, removals, CLEARING AND GRUBBING P-151-2 Packet Pg. 2972 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual hauling, surveying, and incidentals necessary to complete this item in accordance with this specification (P-151). 151-3.3 The quantity of selective tree removal shall be the number of trees per each, regardless of the size and diameter, as approved by the RPR and Airport. The isolated trees to be removed are located in the specified surface, as shown in the contract plans. This price shall be full compensation for all labor, equipment,tools,removals,surveying, hauling, and incidentals necessary to complete this item in accordance with this specification (P-151). C BASIS OF PAYMENT 0 .5 151-4.1 Payment shall be made at the contract unit price per acre for clearing and grubbing. This a price shall be full compensation for furnishing all materials and for all labor, equipment,tools, and + incidentals necessary to complete the item. 0 151-4.2 Payment shall be made at the contract unit price per acre for hand clearing. This price shall be full compensation for furnishing all materials and for all labor, equipment,tools,and incidentals necessary to complete the item. U 151-4.3 Payment shall be made at the contract unit price per each for selective tree removal. This price shall be full compensation for furnishing all materials and for all labor, equipment,tools, and incidentals necessary to complete the item. Payment will be made under: Item P-151-1 Clearing and Grubbing per acre Item P-151-2 Hand Clearing Per acre �~ c14 0 Item P-151-3 Selective Tree Removal Per each 0 76 a c� END OF ITEM P-151 E c� CLEARING AND GRUBBING P-151-3 Packet Pg. 2973 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual cu C 0 0 cu C3 This page is intentionally left blank. cN 0 E 0 c� L- CL 4i E c� CLEARING AND GRUBBING P-151-4 Packet Pg. 2974 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Item T-904 Sodding DESCRIPTION 904-1.1 This item shall consist of furnishing,hauling, and placing approved live sod on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the RPR. MATERIALS + 904-2.1 Sod. Sod furnished by the Contractor shall have a good cover of living or growing grass. This shall be interpreted to include grass that is seasonally dormant during the cold or dry seasons and capable of renewing growth after the dormant period. All sod shall be obtained from areas where the soil is reasonably fertile and contains a high percentage of loamy topsoil. Sod shall be cut or stripped from U living,thickly matted turf relatively free of weeds or other undesirable foreign plants, large stones, roots, or other materials that might be detrimental to the development of the sod or to future maintenance. At least 70%of the plants in the cut sod shall be composed of the species stated in the special provisions, and any vegetation more than 6 inches (150 mm)in height shall be mowed to a height of 3 inches (75 mm) or less before sod is lifted. Sod, including the soil containing the roots and the plant growth showing above, 2 shall be cut uniformly to a thickness not less than that stated in the special provisions. Type:Argentine Bahia 904-2.2 Lime.Not required. 904-2.3 Fertilizer. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water-soluble potash. They CN shall be applied at the rate and to the depth specified, and shall meet the requirements of applicable state laws. They shall be furnished in standard containers with name,weight, and guaranteed analysis of 0 contents clearly marked thereon.No cyanamide compounds or hydrated lime shall be permitted in mixed > fertilizers. The fertilizers may be supplied in one of the following forms: a.A dry,free-flowing fertilizer suitable for application by a common fertilizer spreader; b.A finely-ground fertilizer soluble in water, suitable for application by power sprayers; or CL c.A granular or pellet form suitable for application by blower equipment. Fertilizers shall be 10-10-10(n p-k) commercial fertilizer and shall be spread at the rate of 400 lb/acre. 904-2.4 Water. The water shall be sufficiently free from oil, acid, alkali, salt, or other harmful materials that would inhibit the growth of grass. 904-2.5 Soil for repairs. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps,or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the RPR before being placed. SODDING T-904-1 Packet Pg. 2975 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual CONSTRUCTION METHODS 904-3.1 General.Areas to be solid, strip, or spot sodded shall be shown on the plans. Areas requiring special ground surface preparation such as tilling and those areas in a satisfactory condition that are to remain undisturbed shall also be shown on the plans. Suitable equipment necessary for proper preparation of the ground surface and for the handling and placing of all required materials shall be on hand,in good condition, and shall be approved by the RPR -� before the various operations are started. The Contractor shall demonstrate to the RPR before starting the various operations that the application of required materials will be made at the specified rates. C 904-3.2 Preparing the ground surface.After grading of areas has been completed and before applying 0 fertilizer and limestone, areas to be sodded shall be raked or otherwise cleared of stones larger than 2 inches (50 mm) in any diameter, sticks, stumps, and other debris which might interfere with sodding growth of grasses,or subsequent maintenance of grass-covered areas. If any damage by erosion or other + causes occurs after grading of areas and before beginning the application of fertilizer and ground 0 limestone,the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. Prior to the installation of'topsoil and sod, the Contractor must grade the cleared and grubbed area U and areas to be sodded to promote drainage to the north. The grading is incidental to the sodding pay item. 904-3.3 Applying fertilizer and ground limestone. Following ground surface preparation, fertilizer shall be uniformly spread at a rate which will provide not less than the minimum quantity of each fertilizer ingredient, as stated in the special provisions. If use of ground limestone is required, it shall then be spread at a rate that will provide not less than the minimum quantity stated in the special provisions. These materials shall be incorporated into the soil to a depth of not less than 2 inches (50 mm)by discing, raking, or other suitable methods.Any stones larger than 2 inches(50 mm)in any diameter, large clods, roots, and other litter brought to the surface by this operation shall be removed. 904-3.4 Obtaining and delivering sod.After inspection and approval of the source of sod by the RPR, N 0) the sod shall be cut with approved sod cutters to such a thickness that after it has been transported and placed on the prepared bed,but before it has been compacted, it shall have a uniform thickness of not less than 2 inches (50 mm). Sod sections or strips shall be cut in uniform widths,not less than 10 inches(250 > mm), and in lengths of not less than 18 inches (0.5 m),but of such length as may be readily lifted without breaking,tearing, or loss of soil.Where strips are required,the sod must be rolled without damage with the grass folded inside. The Contractor may be required to mow high grass before cutting sod. , c� The sod shall be transplanted within 24 hours from the time it is stripped,unless circumstances beyond the Contractor's control make storing necessary. In such cases, sod shall be stacked,kept moist, and CL protected from exposure to the air and sun and shall be kept from freezing. Sod shall be cut and moved only when the soil moisture conditions are such that favorable results can be expected.Where the soil is too dry, approval to cut sod may be granted only after it has been watered sufficiently to moisten the soil to the depth the sod is to be cut. 904-3.5 Laying sod. Sodding shall be performed only during the seasons when satisfactory results can be expected. Frozen sod shall not be used and sod shall not be placed upon frozen soil. Sod may be transplanted during periods of drought with the approval of the RPR,provided the sod bed is watered to moisten the soil to a depth of at least 4 inches (100 mm)immediately prior to laying the sod. The sod shall be moist and shall be placed on a moist earth bed. Pitch forks shall not be used to handle sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge to edge and with staggered j oints, in rows at right angles to the slopes,commencing at the base of the area to SODDING T-904-2 Packet Pg. 2976 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual be sodded and working upward. The sod shall immediately be pressed firmly into contact with the sod bed by tamping or rolling with approved equipment to provide a true and even surface,and ensure knitting without displacement of the sod or deformation of the surfaces of sodded areas.Where the sod may be displaced during sodding operations,the workmen,when replacing it, shall work from ladders or treaded planks to prevent further displacement. Screened soil of good quality shall be used to fill all cracks between sods. The quantity of the fill soil shall not cause smothering of the grass.Where the grades are such that the flow of water will be from paved surfaces across sodded areas,the surface of the soil in the sod after compaction shall be set approximately one inch(25 mm)below the pavement edge. Where the flow will be over the sodded areas and onto the paved surfaces around manholes and inlets,the surface of the soil in the sod after compaction shall be placed flush with pavement edges. 0 On slopes steeper than one (1)vertical to 2-1/2 horizontal and in v-shaped or flat-bottom ditches or gutters,the sod shall be pegged with wooden pegs not less than 12 inches (300 mm) in length and have a cross-sectional area of not less than 3/4 sq inch(18 sq mm). The pegs shall be driven flush with the surface of the sod. 0 After laying the sod,the Contractor shall secure the sod to be able to withstand wind and jet blast. 904-3.6 Watering. Adequate water and watering equipment must be on hand before sodding begins,and t3 sod shall be kept moist until it has become established and its continued growth assured. In all cases, watering shall be done in a manner that will avoid erosion from the application of excessive quantities and will avoid damage to the finished surface. 904-3.7 Establishing turf. The Contractor shall provide general care for the sodded areas as soon as the sod has been laid and shall continue until final inspection and acceptance of the work. All sodded areas shall be protected against traffic or other use by warning signs or barricades approved by the RPR. The Contractor shall mow the sodded areas with approved mowing equipment, depending upon climatic and growth conditions and the needs for mowing specific areas.Weeds or other undesirable vegetation shall be mowed and the clippings raked and removed from the area. 904-3.8 Repairing.When the surface has become gullied or otherwise damaged during the period c14 covered by this contract,the affected areas shall be repaired to re-establish the grade and the condition of the soil, as directed by the RPR, and shall then be sodded as specified in paragraph 904-3.5. 6 METHOD OF MEASUREMENT 904-4.1 This item shall be measured on the basis of the area in square yards of the surface covered with sod and accepted by the RPR. The grading prior to topsoil and sod installation, the hauling of material, the placement of'topsoil and sod, topsoil per specification T-905, sod per this specification, and 0 watering shall not be measured separately and shall be considered incidental to this pay item. 0- BASIS OF PAYMENT 904-5.1 This item will be paid for on the basis of the contract unit price per square yard for sodding, which price shall be full compensation for all labor, equipment, material,and incidentals necessary to satisfactorily complete the items as specified. The grading prior to topsoil and sod installation,the hauling of material, the placement of topsoil and sod, topsoil per specification T-905, sod per this specification, and watering shall not be paid for separately and shall be considered incidental to this pay item. SODDING T-904-3 Packet Pg. 2977 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Payment will be made under: Item T-904-1 Sodding with 3"Topsoil Per square yard REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) 0 ASTM C602 Standard Specification for Agricultural Liming Materials w Advisory Circulars (AC) AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports FAA/United States Department of Agriculture Wildlife Hazard Management at Airports,A Manual for Airport Personnel U END OF ITEM T-904 cN 0 E 0 c� L- CL c� SODDING T-904-4 Packet Pg. 2978 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual Item T-905 Topsoil DESCRIPTION 905-1.1 This item shall consist of preparing the ground surface for topsoil application,removing topsoil from designated stockpiles or areas to be stripped on the site or from approved sources off the site, and 0 placing and spreading the topsoil on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the RPR. W 0 MATERIALS 905-2.1 Topsoil. Topsoil shall be the surface layer of soil with no admixture of refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots,brush, stones (2 U inches (50 mm) or more in diameter), and clay lumps or similar objects. Brush and other vegetation that 0 will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sod and herbaceous growth such as grass and weeds are not to be removed,but shall be thoroughly broken up and intermixed with the soil during handling operations. Heavy sod or other cover,which cannot be incorporated into the topsoil by discing or other means, shall be removed. The topsoil or soil mixture, unless otherwise specified or approved, shall have a pH range of approximately 5.5 pH to 7.6 pH,when tested in accordance with the methods of testing of the Association of Official Agricultural Chemists in effect on the date of invitation of bids. The organic content shall be not less than 3%nor more than 20% as determined by the wet-combustion method(chromic acid reduction). There shall be not less than 20% nor more than 80%of the material passing the 200 mesh (75 µm) sieve as determined by the wash test in accordance with ASTM C 117. Natural topsoil may be amended by the Contractor with approved materials and methods to meet the above specifications. 0 905-2.2 Inspection and tests. Within 10 days following acceptance of the bid,the RPR shall be notified of the source of topsoil to be furnished by the Contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. At this time,the Contractor may be required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths,for testing purposes as specified in paragraph 905-2.1. CL CONSTRUCTION METHODS c� 905-3.1 General.Areas to be topsoiled shall be shown on the plans. If topsoil is available on the site,the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the plans. Suitable equipment necessary for proper preparation and treatment of the ground surface, stripping of topsoil,and for the handling and placing of all required materials shall be on hand, in good condition,and approved by the RPR before the various operations are started. TOPSOIL T-905-1 Packet Pg. 2979 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual 905-3.2 Preparing the ground surface. Immediately prior to dumping and spreading the topsoil on any area,the surface shall be loosened by discs or spike-tooth harrows, or by other means approved by the RPR,to a minimum depth of 2 inches (50 mm)to facilitate bonding of the topsoil to the covered subgrade soil. The surface of the area to be topsoiled shall be cleared of all stones larger than 2 inches (50 mm)in any diameter and all litter or other material which may be detrimental to proper bonding,the rise of capillary moisture, or the proper growth of the desired planting. Limited areas, as shown on the plans, which are too compact to respond to these operations shall receive special scarification. -� Grades on the area to be topsoiled,which have been established by others as shown on the plans, shall be maintained in a true and even condition.Where grades have not been established,the areas shall be C smooth-graded and the surface left at the prescribed grades in an even and compacted condition to prevent 0 the formation of low places or pockets where water will stand. 905-3.3 Obtaining topsoil. Prior to the stripping of topsoil from designated areas, any vegetation,briars, + stumps and large roots, rubbish or stones found on such areas,which may interfere with subsequent operations, shall be removed using methods approved by the RPR. Heavy sod or other cover,which cannot be incorporated into the topsoil by discing or other means shall be removed. When suitable topsoil is available on the site,the Contractor shall remove this material from the designated areas and to the depth as directed by the RPR. The topsoil shall be spread on areas already tilled and smooth-graded, or stockpiled in areas approved b the RPR. An topsoil stockpiled b the g � P PP Y Y P P Y Contractor shall be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others,and is required for topsoil purposes, shall be removed and placed by the Contractor. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded if required and put into a condition acceptable for seeding. When suitable topsoil is secured off the airport site,the Contractor shall locate and obtain the supply, subject to the approval of the RPR. The Contractor shall notify the RPR sufficiently in advance of operations in order that necessary measurements and tests can be made. The Contractor shall remove the topsoil from approved areas and to the depth as directed. The topsoil shall be hauled to the site of the work and placed for spreading, or spread as required. Any topsoil hauled to the site of the work and cN stockpiled shall be rehandled and placed without additional compensation. 905-3.4 Placing topsoil. The topsoil shall be evenly spread on the prepared areas to a uniform depth of-2 3 inches (50 mm) after compaction,unless otherwise shown on the plans or stated in the special provisions. Spreading shall not be done when the ground or topsoil is frozen,excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfing operations can proceed with a minimum of soil preparation or tilling. After spreading,any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches (50 mm) or more in diameter),roots, litter, or any foreign matter shall be raked up and disposed of by the Contractor. After spreading is completed,the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the RPR. The compacted topsoil surface shall conform to the required lines,grades, and cross-sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed. METHOD OF MEASUREMENT 905-4.1 Topsoil obtained on the site or off the site shall not be measured separately and will be considered incidental to the item under T-904. b the r mbe- f etibie .fds (eti ie mete-s) ftopsoil measured in its or-igiaa4 position and str4pped or-&ieai,a�ed. Topsoil steelipiled b�,et4er-s and FemeN,ed for- TOPSOIL T-905-2 Packet Pg. 2980 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual BASIS OF PAYMENT C 905-5.1 Topsoil obtained on the site or off the site shall not be paid for separately and will be considered incidental to the Item under T-904. n.,., ef4 will be made at the , r+,aC4, rit p o o „i.; C �,afd(ettbie meter-) fer-topsoil (ebtained en the s4e). 44iis pr4ee shall be f-411 eempeasatien for-ftimishing + tools, inEidef4als nese-ssafy to cemplete the 4efft-. 905 5.2 Pa��ef4 will be made 4 the )r4ee per-etibie�,afd(ettbie meter-)&r-topsoil (ebtained (ettbie ffietef) REFERENCES CN The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. E ASTM International(ASTM) > ASTM C117 Materials Finer than 75 µm (No. 200) Sieve in Mineral Aggregates by Washing Advisory Circulars (AC) AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports FAA/United States Department of Agriculture Wildlife Hazard Management at Airports,A Manual for Airport Personnel �E c� END OF ITEM T-905 TOPSOIL T-905-3 Packet Pg. 2981 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate Runway 7-25 Phase 1 - Tree Clearing Issued for Bid Project Manual C 0 0 U This Page is Intentionally Left Blank cN 0 E 0 c� L- CL 4i E c� TOPSOIL T-905-4 Packet Pg. 2982 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual SECTION 32 93 10 Re-Planting Schedule PART 1 GENERAL 1.01 SUMMARY A. This Section describes the work necessary for re-planting in wetlands. This specification section covers plant species, source of plants, quality of plants,plant spacing,planting methods,plant maintenance, and criteria for success of plant establishment as specified herein. C 0 1.02 DRAWINGS A. Planting Areas for Listed Plant Species and Communities are Shown in the Drawings. + 0 1.03 DEFINITIONS A. Contractor: Refers to a designated representative of the supplier and installer of all plant materials. U B. Planting: Refers to local soil preparation,location,placement and securing of plant materials; and water control operations as required to complete a successful planting as specified. C. Planting Area: An area within the Wetlands that is planted during a specified stage of wetland planting. D. Planting Zone: An area planted with one or more plant species adapted to the same water regime. cN E. Owner's Representative: RPR, or Resident Project Representative. 0 1.04 SUBMITTALS c� A. Shop Drawings: Product labels/data sheets. B. Provide Evidence of the on-site planting foreman's experience. Should there be a change of foreman, additional evidence of experience shall be provided for approval of the RPR. C. Plant Submittals: 1. Plant Material: Within 1 month following award of Contract,the Contractor shall submit to the RPR a summary of the availability of plant materials needed to complete this project. Identification of source for each species shall be provided. For materials to be purchased from a commercial nursery, an affidavit from nursery owners shall be provided that specifies nursery-grown plant materials will be available by the expected startup of each phase of CONSTRUCTION WETLAND 3293 10- 1 PREPARATION AND PLANTING Packet Pg. 2983 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual wetland planting. For field-harvested plant materials,the Contractor shall provide a description of any sites where plant material will be harvested, identification to species of any plants that will be harvested,an estimate of the number of plant propagules of each species that will be collected, and an affidavit that all necessary permissions have been granted for plant harvesting and that no laws will be violated by field harvesting. Provide a list of all plant species shown in the plans an indicate the proposed source of the plants,how they will be transported to the site,the methods to be used to install the plants, and how each species will be maintained until accepted by the RPR. 2. Plant Samples: Within 1 month before wetland planting begins,the Contractor 0 shall submit to the RPR for review samples of all wetland plant species to be used in planting the Habitat Wetlands. Representative plant samples shall be placed in sealable plastic bags, labeled,packed on ice,and delivered. The samples shall be identified by species, location obtained, and number of propagules to be obtained from this source location. If the RPR finds that any plant materials are not likely to be satisfactory for use,the Contractor will be required to find an alternate source of acceptable plant materials. D. The Contractor shall submit to the Owner's Representative for review a planting schedule and work plan outlining the proposed schedule and procedures for installation of plant materials inthe Habitat Wetlands as specified.The work plan shall also describe techniques that will be applied to assure plant viability during harvest,transport,planting,and long term survival.The Contractor shall update the planting schedule and work plan,and provide revisions to the Owner's Representative as changes occur. The planting schedule shall also indicates the schedule dates for each type of planting in each area ofthe CN site. The Contractor shall submit revised schedule(s)when departure from the schedule are reviewed 0 and approved by theRPR 6 E. Contract Closeout Submittals: Description of required maintenance activities and > activity frequency. 1.05 DELIVERY, STORAGE, AND PROTECTION c� A. Plant materials - 1. Deliver and plant within 48 hours after harvesting. 2. Keep moist and covered to protect from drying from time of harvesting, during delivery, and until planted. 1.06 WEATHER RESTRICTIONS A. Perform work under favorable weather and soil moisture conditions as determined by local practice. Planting will not be conducted during periods when the mean air temperature is below 40 degrees Fahrenheit. CONSTRUCTION WETLAND 3293 10-2 PREPARATION AND PLANTING Packet Pg. 2984 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual 1.07 SEQUENCING AND SCHEDULING A. When plant propagules from local populations are to be used,Habitat Wetlands planting operations shall be coordinated with the harvesting of the wetland vegetative material as required to minimize the time from harvest to planting and irrigation. B. The Contractor shall notify the RPR at Least 3 Days in Advance of: 1. Start of planting activity for each planting stage. 2. Completion of planting activity for each planting stage. 0 1.08 MAINTENANCE SERVICE + d A. Contractor.Perform maintenance operations during maintenance penodto include: 1. Watering. 2. Replant unsatisfactory areas or portions thereof immediately when observed or t3 at the end of the maintenance period if a satisfactory stand has not been produced. Replanting must be done during the appropriate period within the growing season at the Contractor's expense and with plant material that is of the same height and maturity as the surrounding plant materials so that they do not get shaded out. 3. Replant entire area if satisfactory stand does not develop by the inspection date for stage of planting. PART PRODUCTS 2.01 SUMMARY N 0 A. Any deviations in planting stock quantities or listed species must be approved by the RPR. All plant materials delivered onsite shall be properly identified, sheltered and 6 watered during the short storage period,and shall be in healthy condition at the time of planting. Plant materials may be field harvested from sites reviewed by the RPR or plant materials may be from a commercial nursery. All plant materials must be harvested from within 100 miles of the planting location and/or from within a similar climatic region. 2.02 PLANT MATERIALS SOURCE AND CONDITION A. Plants shall be live, fresh,healthy, and uninjured at the time of planting. Plants shall be acceptable Plant Propagules as defined in this section. Plants may be harvested from local wetland areas,provided that a written affidavit is provided that documents < all necessary authorizations have been received. Plants shall be kept continually moist and shaded until they are planted. Any plants that have been permitted to dry out or are otherwise injured for any reason in the judgment of the RPR and do not show a viable condition, shall be rejected for use. CONSTRUCTION WETLAND 3293 10-3 PREPARATION AND PLANTING Packet Pg. 2985 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual 2.03 TRANSPORT OF PLANT MATERIALS A. When local populations are used, other species (unless noted as a nuisance species) intermingled with the target species should not be excluded from the harvested material prior to planting in the indicated areas of the Habitat Wetlands. B. Plant materials harvested from local populations acceptable for planting shall consist of clumps that contain viable root-rhizome stock as required to satisfy the Habitat Wetlands planting. E C 0 C. Plant material shall be divided into plugs or clumps suitable for planting. The minimum plug size to be installed at the planting site is 1 inch by 1 inch. The W Contractor shall be responsible for using a plug or clump size that assures viability + and rapid colonization of the wetland plants. 0 0 D. The plant clumps shall be handled carefully when being divided and transported to the transplant site. The Contractor shall be responsible for maintaining soil moisture during harvesting and transport of plant materials to the extent that it affects the plant U survival and viability as specified. E. Plant material purchased from a commercial nursery for use in planting the Habitat Wetlands may include bare-root material, or container grown material. F. Shipments from a commercial nursery supplying plant materials for planting the Habitat Wetlands shall be coordinated with planting of the wetlands so that maintenance of plant materials prior to commencement of planting activities is no longer than 48 hours. G. All plant materials shall be kept moist and covered to protect from drying from time c14 0) of harvesting, during transport, and until planted. 2 0 2.04 PLANT REPLACEMENT > A. The Contractor shall re-plant at their own expense within 30 days from the specified inspection dates for each planting phase any areas where the plant has not survived. c� B. All required replanting work shall be initiated within 30 days from the date of determination of the viability and survival rate of plant materials as specified, and shall be completed within 30 days of the starting date of replanting. All replanting will be completed within an appropriate planting window within the growing season E or will be delayed to the following growing season. C. All replanting will be completed within an appropriate planting window within the growing season or will be delayed to the following growing season. D. The Contractor is responsible for obtaining a supply of viable plant material for replanting. Plant material for re-planting may be available from local populations or the onsite nursery(if included), subject to review by the RPR. CONSTRUCTION WETLAND 3293 10-4 PREPARATION AND PLANTING Packet Pg. 2986 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual PART 3 EXECUTION 3.01 SUMMARY A. The Habitat Wetlands shall be planted as indicated on the drawings. To coordinate with the construction of the wetland system,the planting of the wetland areas will be conducted as outlined in the Planting Schedule and Work Plan provided by the Contractor. a 0 3.02 PLANTING AREAS AND DENSITY A. Upon completion of the tree clearing within the three wetland areas ,the Contractor in conjunction with the RPR shall stake out the proposed locations of the plantings as noted in the planting schedules contained within the Contract Drawings. 3.03 PREPARATION FOR PLANTING OF WETLANDS U 0 A. The Contractor shall coordinate with the Owner's Representative 24 hows in advance prior to commencement of planting activities. The Contractor shall verify with the Owner's Representative the appropriate elevations and soil conditions prior to planting. 3.04 PLANTING METHODS A. Unless otherwise noted,Wetland Plant propagules shall be planted in moist to shallowly flooded(less than 2 inches of water depth) soils.Water depths shall be maintained during planting and initial plant establishment to allow optimal rooting w conditions. Emergent wetland plants shall be planted by hand using a shovel, spade, cN dibble,trowel, or other method reviewed by the RPR-The planting tool shall be used to create a shallow hole in the moist substrate for planting. The hole shall be of sufficient depth and width to allow the entire root mass to be inserted without 6 breakage or other damage. Planting rows should be staggered so that open pathways along the direction of water flow are not created. The plants shall be planted upright so the junction between the root crown and the stem or leaf base is at the ground surface.After placement of the plant in the hole,the hole shall be carefully closed around the plant roots by gently applying pressure to the edge of the hole with the foot. Anchoring of the plant plugs or clumps by methods such as staking in place or CL otherwise securing plant clumps using methods acceptable, is at the discretion of the RPR. B. Plants which have been judged by the RPR to be damaged by mishandling during the planting process shall be replaced at the Contractor's expense. 3.05 PLANT INSPECTION AND ACCEPTANCE A. Maintenance: The Contractor shall be responsible for maintenance of plantings for specified maintenance period. The Contractor is fully responsible for the plantings survival and maintenance for 1 year and spanning one complete and contiguous growing season after acceptance by the RPR. Although the Contractor is wholly CONSTRUCTION WETLAND 3293 10- 5 PREPARATION AND PLANTING Packet Pg. 2987 L.4.d Florida Keys Marathon International Airport 06/22 Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Bid Documents Project Manual responsible for maintenance of the wetland plants,the Contractor is encouraged to consult with the RPR concerning methods to optimize plant growth and survival. B. Weed Control: The Contractor shall remove or control weeds and noxious plants before they compete with desired plant species within the planted areas.Weeds and noxious plants are defined as those plants that have been determined to be aggressive and potentially detrimental to the establishment and long term growth of the planted species; and shall include,but are not limited to reed canary-grass, Johnson grass,and Bermuda grass.Weeds and noxious plants shall be mechanically removed or controlled with herbicides. The RPR shall review with the Contractor's herbicide 0 materials,means of application,and applications rates before use. The Contractor will be responsible for replacing desirable plants damaged by any weed and noxious plant W control measures implemented. The Contractor shall obtain written approval from the + project permitting team prior to any use of herbicide. Herbicide application must be 0 done by a state licensed company/individual. 4.0 METHOD OF MEASUREMENT U A. PLANTINGS: Work required to deliver,provide, install, and maintain all of the various types of plantings for the designated re-planting areas as noted in the Contract Drawings and as specified and described within this specification shall be measured as lump sum. Also included in this work are delivering,providing,planting,progress as-built data to ensure correct grading,protection of existing mangroves, and inclusive of 1-year of maintenance of planting areas and 100%establishment rate guarantee. cN 5.0 BASIS OF PAYMENT A. PLANTINGS: Payment will be made at the proposed lump sum price to complete the re-planting at all three designated areas as shown on the Contract Drawings. The > Lump Sum price shall be full compensation for all three re-planting areas meeting all requirements noted in Contract Drawings and in this specification, delivering, providing planting and maintaining all the required plantings as noted for each site , as required by the Contract.Price shall also be full compensation for progress as-built data to ensure correct grading protection of existing mangroves, and inclusive of 1- year of maintenance of planting areas and 100%establishment rate guarantee. 6.0 PAYMENT WILL BE MADE UNDER: c� Item 32 93 10 - 1 Re-Planting Schedule Per Lump Sum END OF SECTION CONSTRUCTION WETLAND 3293 10-6 PREPARATION AND PLANTING Packet Pg. 2988 -ELAd E a 0 w 0 APPENDIX 1 CONSTRUCTION SAFETY AND PHASING PLAN CN 0 E .2 0 0, L- CL 4i E Packet 'Pg. 2989 L.4.d IIII°° iiiriilda II iiir III iii IIII iii iiirn iiii iii iii iiirP iii Monroe County Project No. GAMA82 Relocate Runway 7-25 Phase 1 : Tree Clearing and Mitigation n� CONSTRUCTION SAFETY PHASING PLAN W 0 n� r r Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c� Ms.Michelle Coldiron, District 2 Mayor Mr. David Rice, District 4 Mayor Pro Tern Mr.Mike Forster, District 5 Commissioner Mr. Craig Cates, District 1 Commissioner Mr. Eddie Martinez, District 3 Commissioner c� Prepared by: ON .Jacobs E 3150 SW 38th Ave., Suite 700 Miami, FL 33146 305.441.1864 AUGUST 2022 Packet Pg. 2990 L.4.d SCOPE OF WORK, GENERAL SAFETY REQUIREMENTS AND GUIDANCE This document covers work at Florida Keys Marathon International Airport (MTH) to Relocate Runway 7-25 Phase 1: Tree Clearing and Mitigation. On March 30th, 2020 the Federal Aviation Administration (FAA) issued a Finding of No Significant Impact/Record of Decision (FONSI/ROD) in response to the Environmental Assessment that was submitted to shift the Runway 7-25 centerline 40 feet to the northwest to meet applicable runway-to-taxiway separation standards at MTH. This Tree Clearing and Mitigation project aims to complete the first phase of the Runway 7-25 shift by clearing the future ROFA area. To do so, this project will meet the contingencies stipulated by the FAA in the FONSI/ROD and complete the required wetland mitigation measures at Crawl Key, an offsite location. Work is anticipated to start on or about May 2023 and be completed by May 2024. 0 Access points, staging areas, and haul routes are as shown on Appendix A. U All work within this contract will be performed by the contractor at the direction of the Airport with all airfield work coordinated by the Resident Project Representative (RPR). All AOA construction activity is supervised by MTH Airport Operations Personnel who are fully trained in Part 139, airfield construction management requirements and airfield operating procedures. The Resident Project Representative (RPR), Airport Operations Personnel, or other designated airport representatives with ultimate responsibility to ensure compliance with safety regulations and Airport Rules and Regulations, may order the contractor to suspend N operations and move personnel, equipment, and materials to a safe location. 0 Required reference material associated with this safety plan includes: > FAA AC 150/5200-18C, Airport Safety Self Inspection FAA AC 150/5370-2G, Operational Safety on Airport During Construction FAA AC 150/5210-5D, Painting, Marking, and Lighting of Vehicles on an Airport Copies of each of these documents are available at: http-//www.faa.qov/documentLibrarv/media/advisory circular/15 -5 - 18C/1 50 5200 18C. df https-//www.faa.qov/documentLibrarv/media/Advisory Circular/15 -5 7 - .p f https-//www.faa.qov/documentLibrarv/media/Advisory Circular/AC 150 5 1 -5 egdf CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 1 Packet Pg. 2991 L.4.d The following sections of this document describe all aspects concerning the coordination and implementation of the safety plan associated with this project. The sections correspond to those found in Section 2.4 of AC 150/5370-2G. DEFINITIONS AIR OPERATIONS AREA (AOA): Any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. The air operations area includes all areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. The AOA is further defined into movement and non-movement areas. CONSTRUCTION: The presence and movement of construction-related personnel, 0 equipment, and materials in any location. MOVEMENT AREA: The runways, taxiways, and other areas of an airport that are used + for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading 0 ramps and aircraft parking areas. n NON-MOVEMENT AREA: Loading ramps and aircraft parking areas, restricted vehicle U service roads and tenant ramp and lease-hold areas. OBSTRUCTION: Any object/obstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C or any object/vehicle/equipment higher than 25 feet. OBJECT-FREE AREA (OFA): An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes (see AC 150/5300-13, Airport Design, for additional guidance on OFA standards and wingtip clearance criteria). E OBSTACLE-FREE ZONE (OFZ): The airspace below 150 feet (45m) above the established airport elevation and along the runway and extended runway centerline that > is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches (refer to AC 150/5300-13 for guidance on OFZs). RESIDENT PROJECT REPRESENTATIVE (RPR): Individual appointed to represent the airport in all field construction matters during this project. c� RUNWAY SAFETY AREA (RSA): A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13A (or latest edition). CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 2 Packet Pg. 2992 L.4.d TAXIWAY SAFETY AREA (TSA): A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300-13A (or latest edition). THRESHOLD: The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. Coordination The contractor will appoint its onsite construction superintendent or other qualified individual as its duly authorized representative to serve as Contractor Safety and Security Officer (CSSO). The CSSO shall be especially knowledgeable regarding the requirements of FAA Advisory Circulars 150/5200-18-Airport Self Inspection Guide, latest edition and 150/5370-2 - Operational Safety on Airports During Construction, latest edition. The CSSO shall represent the Contractor on safety and security compliance. The CSSO will accomplish the following- 1. Develop and submit in writing a detailed work schedule with dates and times of all milestone events. U 2. Develop and submit in writing a detailed outline of the procedures to be followed to maintain safety and security of both Contractor operations and the integrity of airport Iandside and airside operations during the prosecution of contract work. 3. Conduct at least one meeting of all Contractor supervisory personnel prior to the start of contract work. The purpose of this meeting is to review the approved Work sequence schedule and safety and security procedures. Attendance at this meeting by the CSSO, all Contractor supervisory personnel and the RPR is mandatory. 4. Develop a safety and security orientation program and provide a briefing for all employees of the Contractor and subcontractors that will be used on the project. N 5. Submit a Safety Plan Compliance Document (SPCD) to the RPR describing how it will comply with the requirements of the CSPP and supplying any details that could not be determined before contract award. > Before beginning any construction activity, the RPR will instruct and assure that the contractor is aware and understands the safety requirements and hazards described in the Federal Aviation Administration Advisory Circular (AC) 150/5370-2 (latest version), Operational Safety on Airports During Construction. A copy will be provided to the contractor and reviewed at a pre-construction meeting prior to the start of any work. Operational safety shall be an agenda item at the pre-construction meeting. The Contractor shall schedule regular progress meetings throughout the construction of the project. Operational safety shall be a standing agenda item during these meetings. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 3 Packet Pg. 2993 L.4.d Phasing The work required to complete the MTH Relocate Runway 7-25 Phase 1: Tree Clearing and Mitigation project is separated into 2 phases. The work associated with each Phase is shown below. There is no expected work within the Runway Safety Area (RSA), as most of the work is located within the ROFA. As such, this project will likely not require runway closures. The construction activities within the ROFA shall be completed between 7:00 AM and 4:00 PM. The Contractor shall receive prior approval from Airport Operations prior to each work shift. Phase I — Mitigation Site The construction activities in Phase I must be completed prior to Phase II. This phase will include clearing, unclassified excavation, and grading to meet the proposed grades. Once graded elevations are accepted by the RPR, plantings of red and black mangroves will be completed, as well as installation of mitigation site signs along the perimeter of the planting area. Refer to Sheet G-401 in Appendix A for more information. 0 Phase II — MTH Clearing The construction activities in Phase II must be completed after Phase I. This phase can only proceed once Phase I has been approved by the RPR. The construction activities in Phase II include the clearing of the future ROFA. Once the U clearing is completed, seeding will be applied over the cleared areas. As mentioned previously, since the work within this phase is outside the RSA no runway closures will be necessary. Refer to Sheet G-402 in Appendix A for more information. Open excavations and trenches will not be allowed to remain within the RSA or within the TOFA. All construction activities will adhere to the construction notes included in the Appendix A drawings. Areas and Operations Affected by Construction Activity N The specific work areas are as follows: 0 1. Future Runway 7-25 Object Free Area (OFA) > As stated in the Phasing section above, all construction activities will be accomplished during the daytime, with no runway closure needed, as work areas are outside the RSA. In case work within the RSA or TOFA is necessary, the Airport will provide, and the Contractor will maintain the Runway Closure Markers (RCMs) throughout the project. The Contractor will not be allowed on the construction site until the RCMs are in place and they have been notified by Airport Operations that they can proceed to the construction site. Any excavations or trenches located within the RSA or TOFA will be covered adequately prior to the end of each work shift. Coverings for open trenches must be designed to allow the safe operation of the heaviest aircraft (Cessna Citation CJ4) operating on the runway and taxiway. The RSA and TSA will not be allowed to have any drop-off greater than 3 inches. A 1.5-inch drop between paved and unpaved services is required to ensure proper CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 4 Packet Pg. 2994 L.4.d drainage away from paved surfaces. The maximum longitudinal grade within the RSA and beyond the Runway threshold shall be minus 3%. The maximum longitudinal grade beyond the RSA shall be plus and minus 5%. Shoulder transverse grades and the first 10 feet outside the shoulder shall be a maximum of minus 5%. Outside of the first 10 feet, the transverse grade shall be a maximum of minus 3%. Any excavations must be temporarily ramped back up to existing grade in all directions. The temporary ramps shall be removed during the work shift when the Contractor is ready to place backfill material. Steel plates may be used for open holes or trenches that cannot be ramped up at the end of the shift. Prior to any runway / taxiway re-openings after a work shift the construction site must be inspected and approved by Airport Operations. The Contractor may, at the discretion of the Airport, be required to provide and maintain an emergency response route through the work area for Airport Emergency Vehicles. The emergency response route must be clearly defined, graded to prevent ponding and able to support the frequent use by Aircraft Rescue and Fire Fighting (ARFF) vehicles. Construction vehicles will give way to emergency vehicles at all times. Parking or staging of any construction equipment or stockpiling of materials blocking the road or access to 0 the road is prohibited. The need to establish an ARFF/Emergency roadway and the status of the route will be coordinated with the Airport, ARFF, and police personnel. U NAVAI DS Construction activities associated with this project will not impact any NAVAIDS or any NAVAID critical areas. The Contractor shall have underground electrical utilities located prior to the start of construction and shall protect these utilities from damage at all times. The Contractor shall avoid damaging existing airfield pavement edge lighting. Contractor Access All employees, agents, vendors, invitees, etc. of the Contractor or subcontractors N requiring access to the construction site shall conform to the Airport's Security Program. Concerning the staging area, the Contractor will provide and maintain temporary barricades to secure the construction site, as well as staging area at all times. > All Contractor traffic at each access gate shall be coordinated by Airport Operations and the Contractor to ensure compliance with Airport Security requirements. No unauthorized construction personnel or traffic will be allowed onto the airfield. To this end, the Contractor shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site. The Contractor shall supply this list to the gate guard to keep on hand while guarding an open gate. Contractor Personnel and delivery drivers are not required to obtain Security Badges to access the work areas or perform work. All Contractor vehicles required to operate outside the construction area limits as shown in the contract plans must request authorization of Airport Operations. See "Two-Way Radio Communications" Section for more details. All contractor employees must follow the MTH ASP. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 5 Packet Pg. 2995 L.4.d Location of Stockpiled Construction Materials The Contractor's staging area is located at the west end of the airfield, just north of the future EOC facility, and west of RWY 07 end. The height of any material stockpiles must not encroach on the Part 77 surfaces or any of the approach surfaces of Runway 7-25. There are no stockpiles or any storage of materials or equipment permitted in the ROFA or TOFA. Stockpiled material must be constrained to prevent its movement as a result of aircraft blast and wind conditions. > C See section titled 'Hazard Marking and Lighting' for requirements for identification of stockpiles. 0 See section titled 'Wildlife Management' for provisions to prevent stockpile material from becoming wildlife attractants. U See section titled 'Foreign Object Debris Management' for provisions to prevent stockpile material from becoming Foreign Object Debris (FOD). Vehicle and Pedestrian Operations Access to the airfield for the construction activities may occur at Aviation Boulevard Gate 16 at the west end of the airport, or at another access point identified by Airport Operations. N From Aviation Boulevard Gate 16, access is allowed to the Haul Road on to the airfield. A Contractor's flagman shall monitor and coordinate all Contractor traffic at each gate. The AOA Gates must remain locked and secure at all times, unless a gate guard is posted at the gate. The Contractor must verify that the access gates are locked at the end of each work shift. The Contractor must provide a gate guard to be posted at the gate to allow the gate to remain open. The Contractor must hire a Monroe County Sheriff's Officer (MCSO), Airport Security Office Technician (AST), or Deputy as a Gate Guard and must coordinate with the Airport's MCSO Lieutenant. If an MSCO, AST, or Deputy is not available, the Contractor may hire a gate guard that is approved by Airport Operations. The Contractor's guard must also be trained by Airport Operations and understand their role and responsibilities prior to their first shift. All Contractor personnel authorized to travel on the airport shall have been briefed as part of the Contractor's construction safety and security orientation program. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 6 Packet Pg. 2996 L.4.d The Contractor shall install directional signing from the access gate along the route to the staging area or work site as directed by the RPR. The Contractor shall also install work site identification signs at the authorized access points. Contractor personnel will not be permitted to drive their individually owned vehicles to any construction site on the airport under any circumstances. Contractor employee vehicles shall be restricted to the Contractor's staging area and not allowed on the AOA at any time. Material suppliers, subcontractors and visitors to the construction site must follow the same safety and security procedures as the Contractor. The Contractor's vehicles operating on the airfield shall be identifiable with company name and logo on both sides of vehicle, display above the vehicle a flashing amber (yellow) dome-type light or three-foot by three-foot orange and white checkerboard flag. Two-Way Radio Communications 0 The Contractor's vehicles must be under the control of a contractor mobile (two-way) radio operator (flagmen). All Contractor vehicles required to operate outside the construction U area limits as shown in the contract plans must request authorization of Airport Operations. Flagmen and two-way radios will be furnished by the Contractor. Flagmen shall be instructed in the use of two-way radios prior to using them on the airfield. Airport Security For additional Airport security information, see "Contractor Access" and "Vehicle and Pedestrian Operations" sections above. N The Contractor has the option of hiring their own security guard or an extra security guard during larger scale events. The security guard must be trained by Airport Operations prior to their first shift. > Contractor, subcontractor, and supplier employees or any airport personnel will be restricted from entering an airport area that would be hazardous. The Contractor, staff, employees, sub-contractors, delivery and haul operators, or anyone required to enter the Air Operations Area related to the contract work, may be required to produce valid government issued photo identification. c� The Contractor is required to supply daily lists of all workers as well as list of all planned or anticipated deliveries. All vehicle operators must have, in their possession and produce on request, a valid driver's license. No temporary construction gates are permitted through the airport perimeter security fence. All access to the AOA will be via designated access gates as described in the above subsection `Vehicle and Pedestrian Operations.' CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 7 Packet Pg. 2997 L.4.d Altering or any impact to the security fencing requires continuous monitoring by Airport Operations staff or designee and the fence must be restored at the end of the work period. Security fence that is relocated to permit construction activity shall meet airport perimeter security fence requirements. Temporary, non-compliant fencing requires continuous monitoring by Airport Operations staff or designee. Wildlife Management No food or food related debris is to be left on the site or disposed of on a construction site. The contractor will be directed to maintain construction sites, haul routes, stockpiles, and storage areas in compliance with the Airport Wildlife Hazard Management Plan. Ensure dumpsters are secured and/or covered at all times. W Foreign Object Debris Management 0 The contractor shall be educated regarding airfield work and FOD including dust control. U The Contractor shall provide one vacuum and one water truck as required at the start of construction to maintain dust control along the haul route and maintaining all pavements affected by construction. The vacuum and water truck shall remain on-site for the duration of the project and shall be available at the discretion of the RPR to maintain pavement areas adjacent to the construction areas to ensure no FOD is present on pavements within 500 feet of any construction area and/or dust is controlled to not impact aircraft operations on the Air Operations Area (AOA). Ensure all vehicle loads are secured and/or covered during transport. N Waste and loose material must not be placed in active movement areas. 2 0 Materials tracked onto movement areas must be removed continuously during the work > prof ect. Provide continuous clean-up operations including vacuum sweepers for all haul operations, water application for dust control, or other related traffic to and from the work site. The Contractor will control dust and debris from the construction operations to a level acceptable to the RPR. Hazardous Materials Management The Contractor shall develop HAZMAT management plans and keep copies on the jobsite of material safety data sheets (MSDS) for all materials handled on the jobsite. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 8 Packet Pg. 2998 L.4.d Notification of Construction Activities All runway and taxiway closures will be coordinated with the RPR. The Contractor must contact the RPR a minimum of 72 hours in advance of any requested closing. The Contractor is advised that all closures are contingent on review and approval by the RPR. The Contractor shall designate a primary and alternate employee to be the responsible Contractor's representative. Each of these designees will be available locally on a 24- hour basis. The names and phone numbers of each of these designees will be made available to the RPR. Points of contact for this contract: C 0 - RPR: TBD - Marathon Airport Manager, Michael Legere: Office: 305-289-6302 W Mobile: 305-699-7573 0 NOTAMs will be issued and updated by the Airport with the latest airport construction information. The Contractor has no involvement in the NOTAM process. The Contractor coordinates all work through the RPR who is responsible to coordinate all work with the U Airport. The NOTAM system will be supplemented with an appropriate Aeronautical Construction Notice disseminated to all tenants and ARFF personnel. The notice is a text and graphical depiction of airport construction activity in accordance with CERTALERT 07-01 The contractor will be supplied with and required to keep posted at each work site the following emergency numbers: - Monroe County Emergency Dispatch: 911 for medical, fire and police emergencies. N - Monroe County Sheriff's Office — Marathon Substation: 305-289-2430 - Marathon Fire Department: 305-743-5266 - Baptist Health Emergency Care I Fishermen's Hospital: 305-434-1000 > ra - Monroe County Animal Care & Control: 305-294-4857 Inspection Requirements The Contractor is responsible to perform routine onsite safety inspections with the RPR throughout the project and address any deficiencies, whether caused by negligence oversight, weather, airport operations or project scope change. The RPR will arrange for inspections prior to return to service of any facility, that has been closed for work, on or adjacent thereto, or that has been used for a crossing point or haul route by the Contractor. Underground Utilities CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 9 Packet Pg. 2999 L.4.d Contractor is required to comply with all airport safety provisions, permit and certification requirements such as underground utility mark-out, electrical circuit shutdown, welding, confined-space etc. The Contractor will obtain underground clearance from all utility companies at least 48 hours prior to beginning any construction. The Contractor shall obtain a Sunshine State One Call of Florida, Inc. certification clearance number and field markings at least 48 hours prior to beginning any excavation. Sunshine State One Call of Florida: 811 The Contractor shall maintain a list of all utility owners and contact information for each utility owner. The Contractor shall notify utility owners in the event of any accidental disruption of their respective utility. Penalties 0 Noncompliance by the Contractor with airport rules and the regulations orfailure to comply with the Airport's approved CSPP may result in fines as allowed by law. U Special Conditions Airport runways, taxiways and ramp areas will remain in use by aircraft to the maximum extent possible. Contractors operation will be controlled to minimize disturbance to aircraft area including dust control procedures and debris control. The Contractor will be required to provide and maintain lighting, and/or signs adjacent to the work area or any lighting and signage inadvertently impacted or damaged by construction activities. E Contractor, construction employees, sub-contractors, delivery and haul operators, or any other support workers required to enter the AOA related to contract work will be required > to wear a reflective safety vest, day or night. In addition, all personnel are required to wear appropriate personal protective equipment (PPE) for the work they are performing. Runway & Taxiway Visual Aids — Marking, Lighting, Signs & Visual NAVAIDs No lights or signs will be installed during this project. No alterations to existing NAVAIDS are required for this project. c� Marking and Signs for Access Routes The Contractor shall mark and sign the access routes as directed by the RPR and stated above in the section titled `Contractor Access' above. Signs shall conform to the Federal Highway Administration Manual on Uniform Traffic Control Devices and/or State highway specifications. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 10 Packet Pg. 3000 L.4.d Hazard Marking and Lighting Proper marking and lighting of areas on the airfield associated with the construction shall be the responsibility of the Contractor and shall be described by the SPCD. This will include properly marking and lighting closed runways, taxiways, taxilanes, and aprons, the limits of construction, material storage areas, equipment storage areas, haul routes, parking areas and other areas defined as required for the Contractor's exclusive use. The Contractor shall erect and maintain around the perimeter of these areas suitable marking and warning devices visible for day and night use. Temporary barricades, flagging, and flashing warning lights shall be required at critical access points. The type and location of marking and warning devices will be approved by the RPR. 0 Special emphasis shall be given to open trenches, excavations, heavy equipment marshalling areas, and stockpiled material located in the airport operations area, which + shall be predominantly marked by the Contractor with flags and lighted by approved light units during hours of restricted visibility and darkness. All marking shall be in accordance with FAA Advisory Circular (AC) 150/5340-1 M or latest edition. All Air Operations Areas not in compliance with FAR Part 139 will be closed, secured and appropriate notification disseminated. Access to hazardous areas will be restricted and all hazards shall be marked with a combination of barricades, traffic cones and/or flashing red lights in order to make the hazard obvious to aircraft, personnel, and vehicles. Hazards such as open utility covers, areas under repair and stockpiled materials will be marked and lighted. Barricades and signs affixed to the surface must be frangible at grade level or as low as possible, but not to exceed 3 inches above the ground. Traffic cones may also be used as approved by Airport Operations. Non-frangible hazard barricades such as concrete barriers, 12x12 railroad ties and/or metal-drum-type barricades are not to be used in aircraft movement areas per coordination with and approval from the RPR. > Ensure adequate distance for aircraft engine blast protection within the work site is provided. c� All barricades must be weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. All barricades will be continuous and securely connected together unless the contract drawings specifically permit spacing. Spacing of barricades, when permitted, will be no greater than four feet. Barricades and red flashing lights are required for Taxiway and Runway closures as directed by the RPR. The contractor may be directed to supply and place signs and other construction barricades to completely enclose a staging or construction area. All barricades, temporary CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 11 Packet Pg. 3001 L.4.d markers, and other objects placed adjacent to safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; and easily collapsible upon contact with an aircraft or any of its components. The contractor will be required to supply and place orange traffic cones, flashing red lights, collapsible barricades marked with diagonal, alternating orange and white stripes as directed by the RPR. The contractor shall designate a primary and alternate contact from among the Contractor's personnel to be available on a 24-hour basis to be responsible for the maintenance of hazard lighting and marking equipment. The names and phone numbers of the designees will be made available to the RPR. C 0 Protection of Runway and Taxiway Safety Areas The Contractor shall establish a system of visual aids for marking and delineating the limits of required clearances adjacent to active taxiways, runways, and navaids during 0 construction. The system shall be easily distinguishable during both day and nighttime construction. The Contractor shall submit a detailed plan describing this system of visual aids to the RPR for approval prior to the beginning of construction. U No work is permitted within 150 feet of an open runway or 65.5 feet of an open taxiway. Work within these areas can only be performed during closure of the subject runway or taxiway. See section titled `Notification of Construction Activities' for more information on obtaining runway and taxiway closures. Open trenches or excavations are not permitted within the RSA, TSA, or TOFA while the associated runway or taxiway is open. Trenches must be backfilled, if possible, prior to reopening of the runway or taxiway. If not possible, trenches must be covered in such a way as to allow the passage across the trench of the heaviest aircraft operating on the runway or taxiway without damage to that aircraft. 2 0 Trenches, excavations or other hazards will be marked and/or lighted in accordance with > the section titled `Hazard Marking and Lighting.' Runway and taxiway safety areas disturbed by construction work or activity will be graded and continuous measures taken to prevent erosion by water, wind or blast. Equipment, vehicles and materials, not being utilized in the immediate future in the work area must be removed and stored at a remote site not on the AOA. c� Construction equipment must be removed from the Runway Object Free Area (ROFA) when not in use. Material should not be stockpiled in the ROFA if not necessary. If material does require stockpiling in the ROFA, an FAA 7460-1 form must be submitted to and approved by the FAA Airports Regional or District Office. Construction equipment will not be parked on the AOA in a safety area or obstacle free area. CSPP for MTH Relocate Runway 7-25 Phase 1:Tree Clearing and Mitigation 12 Packet Pg. 3002 L.4.d Site storage of supplies and equipment requires approval by the RPR. All site storage containers must have company name and 24-hour contact number clearly displayed. All containers, equipment and/or supplies will be located in designated and defined contractor staging area clear of all airport safety areas, object/obstacle free zones, obstruction restrictions, movement areas and clear of aircraft engine blast criteria. All equipment, supplies and excess materials shall be returned to the contractor's staging area at the end of each work period Work will only occur between the hours of 7:00 AM and 4:00 PM, unless otherwise noted on drawings or approved by RPR. If runway closures are needed, the Contractor must coordinate with the RPR and Airport Operations prior to any closure. Prevent personnel, material, and/or equipment, from penetrating the Obstacle Free Zone W (OFZ) as defined in the Federal Aviation Administration Advisory Circular AC 150/5300-13 Airport Design, Paragraph 306, "Obstacle Free Zone". Runway thresholds must provide an unobstructed approach surface over equipment and materials. Construction activity will be limited in order to provide Part 77 Obstruction U clearances. Other Limitations on Construction Open flame welding or torch cutting operations are prohibited unless adequate fire safety precautions are provided and these operations have been authorized by the RPR. A permit is also required for these activities. A permit is required for any interference with any life-safety system, e.g. fire hydrants. Work involving any life-safety system must be coordinated through the RPR. Any proposed crane operation shall be evaluated through the FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA), filing forms 7460-1 and 7480-1 > electronically using: hg2L.//oeaaa.faa.gov/. Crane booms shall be obstruction marked and lighted. Cranes working during periods of darkness or low visibility shall be fitted with a red light illuminating the crane boom. These red light beams shall be aimed and shielded so as not to shine toward aircraft in the area. The Contractor shall provide contact information for a Contractor's employee who is on-call 24 hours per day and seven days per week for emergency maintenance of obstruction markings and flood lights. E The use of flare pots within the AOA at any time is strictly prohibited. The use of electrical blasting caps on or within 1,000 feet of airport property is strictly prohibited. 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Ir �-' o HMI ?O� OW ww = z w wa pW D z N ��w u= WD pF 0 w _� zi CO =mF OJ Fir trU U) 0 Q JX �� O 1 z 0 = m'0 W,= W a Lu o it -Z a= U FU Y w w OD} Q 00 m� � ZZ zo J \C\ J F W U O a a O 7 J a �zmF z �a o� w ¢Q �U a x O �j & O F(!)p U U F Z N O W of z Ir W 0 L� DU' }O (-o U' am J j D F �0R� NN aF OU z �O C) U z o0afr �� zIr �� a 02_ 0 www= }N za wZ m FN W o `F ==2~ ao �O LLD �F �o H w Q ��LL z� _� L LL� 07 = }w = w' � o0Qo �Q Zo ZF ir0 zW O �J 0 O W Oz o LLa w a Ir J CL L.4.g III tiiii f IIII I il� ii Iiiirli1 Illli1 1 Ii11 1 iir a iii # IIIP::IIII ilrii III r °IIII iir IIIIiiir °I ilriiir Iiiii iir IIIIAil]qlport Monroe County Relocate RWY 7-25 Phase I - Tree Clearing Project No. GAMA82 E t,3 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. David Rice, District 4 Mayor Mr. Craig Cates, District 1 Mayor Pro Tem Ms. Michelle Coldiron, District 2 Commissioner >- Mr. Jim Scholl, District 3 Commissioner Ms. Holly Raschein, District 5 Commissioner N d Prepared by: 7 .Jacobs E 3150 SW 38th Ave., Suite 700 Miami, FL 33146 305.441 .1864 August 2022 Addendum#2 MTH—Relocate RWY 7-25 Phase 1 - Tree Clearing Bid Opening August 18th,2022 Pa Packet Pg. 3011 Nofice ot R.eg.g2�! 121 g2M.pj2flfiye Sohcffafions ................................................................................. .... .... .............................................................................................................. Addendurn #2 Florida Keys Marathon International Mrort Monroe County Relocate RWY 7-25 Phase I —Tree Clearing Project No.GAMA82 The attention of Bidders submitting proposals for the subject Contract is called to the following Addendum to the Proposal, Specifications,and Drawings. The revisions set forth herein,whether of omission,addition,or substitution are to be included in and form a part of the Proposal submitted. THE ADDENDUM MUST BE ACKNOWLEDGED IN SECTION H OF THE PROJECT MANUAL. 1. Project Manual,Volume 1:No Changes. E C 0 2. Project Manual,Volume 2:No Changes. > a W 3. Issued for Bid Plans:No Changes. 0 4. Questions: 4.1 Can chipping be conducted within the project clearing area to facilitate hauling?If not,can U chipping be done within the staging area? ANSWER:Debris chipping is allowed onsite within the staging area or within the project limits if the X contractor can prevent dust and debris from dispersing onto the airfield. Debris of any kind is explicitly prohibited on paved surfaces (i.e. taxiways, runway, apron) and where aircraft operate. Stockpiling of any debris on site is not allowed.All debris shall be legally disposed of offsite. The resulting clean-up shall be in accordance with requirements noted in the plans and specifications of this project. 4.2 Based on seeing the existing ground,once the area is cleared it looks like the sod won't be level to allow for proper mowing with mowing equipment,any depressions may hold water becoming a wildlife attractant-in fact it looks quite bumpy with changing elevations in some areas.Is that the intent? C14 6 ANSWER:Per Project Manual Volume 2 of 2, Specification Item T-904 Sodding, "904-3.2 Preparing the z E ground surface.After grading of areas has been completed and before applying fertilizer and limestone, areas to be sodded shall be raked or otherwise cleared of stones larger than 2 inches (50 mm) in any diameter, sticks, stumps, and other debris which might interfere with sodding, growth of grasses, or subsequent maintenance of grass-covered areas. If any damage by erosion or other causes occurs after grading of areas and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other E incidental damage.Prior to the installation of topsoil and sod, the Contractor must grade the cleared and grubbed area and areas to be sodded to promote drainage to the north. The grading is incidental to the sodding pay item. 4.3 Regarding the sod,how long will the contractor be responsible for maintaining it? ANSWER: The Contractor shall provide general care for the sodded areas as soon as the sod has been laid and shall continue until it has become established, and its continued growth assured. 4.4 What permits will the Contractor be responsible for pulling?What about permit fees? ANSWER: The project does not require a USACE permit, and the airport has paid the fees of both the SFWMD Individual Environmental Resource Permit and the associated mitigation. The airport will also Addendum#2 MTH—Relocate RWY 7-25 Phase I - Tree Clearing Bid Opening August 18th,2022 Pa I Packet Pg. 3012 L.4.g pay for the hardwood hammock mitigation fee.Any remaining permits and corresponding fees, including but not limited to Monroe County Building Permit, and NPDES, will be the Contractor's responsibility. 4.5 How will silt fence be placed within non-cleared project areas? ANSWER: Contractor will place silt fence as the clearing work progresses, immediately upon clearing current work area as to minimize the possibility of debris from traveling north onto the undisturbed vegetation. This Addendum No. 2 consists of 3 pages and no attachments. END OF ADDENDUM No.2 C 0 0 U cN d E E c� Addendum#2 MTH—Relocate RWY 7-25 Phase 1 - Tree Clearing Bid Opening August 18th,2022 Pa Packet Pg. 3013 i / y n �C W Q Q W 0 W W _ (� W�v H 3 z o cN co„{ O LL D nit a i o — _,,, - - -O rc o U LL LLI � W � — rrl e � J LU E �t .o u c. _ El O V w „ W z t N O � O gJ �r�J`� i M , cc z CO) a Lu � o ;� cm L� � M �N 0 cm CD LLCO) c) LL Lc) U a�; WX cm W� y uj O w) cu Q O U J O 5O w H Q04 s 1 aoo O �" O UVO ' f..... 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Addeiinduirn ,#1 Floidilida Keys Maiir iin iiin"leiiriin "ii0iloiin I A,1111irport Monroe County Relocate RWY 7-25 Phase I—Tree Clearing Project No.GAMA82 The attention of Bidders submitting proposals for the subject Contract is called to the following Addendum to the Proposal,Specifications,and Drawings. The revisions set forth herein,whether of omission,addition,or substitution are to be included in and form a part of the Proposal submitted. THE ADDENDUM MUST BE ACKNOWLEDGED IN SECTION H OF THE PROJECT MANUAL. 1. Project Manual,Volume 1:No Changes. 2. Project Manual,Volume 2:No Changes. 3. Issued for Bid Plans:No Changes. 4. Questions: 4.1 There is some visible debris within the tree clearing area,will the contractor be responsible for removal of that debris? ANSWER:Per Project Manual, Volume 2, Specification Item P-151 Clearing and Grubbing, Section 151- 1.1 b.: "Clearing and grubbing shall consist of clearing the surface of the ground of the designated areas of all trees, stumps, down timber, logs, snags, brush, undergrowth, hedges, heavy growth of grass or weeds, fences, structures, debris, and rubbish of any nature, natural obstructions or such material which in the opinion of the RPR is unsuitable for the foundation of strips,pavements, or other required structures, including the grubbing of stumps, roots, matted roots,foundations, and the disposal from the project of all spoil materials resulting from clearing and grubbing." 4.2 Regarding the plantings within the wetlands,how long will the contractor be responsible for maintaining them? ANSWER: The Contractor is fully responsible for the plantings survival and maintenance for I year and spanning one complete and contiguous growing season after acceptance by the RPR. 4.3 Who will delineate work limits?What about trees to be cleared,and wetland limits? ANSWER:Per Project Manual, Volume 2, Specification Item P-151 Clearing and Grubbing, Section 151- 2.1 work limits staking is to be done by Contractor.- "The areas denoted on the plans to be cleared and grubbed shall be staked on the ground by the Contractor as indicated on the plans prior to construction beginning. The staked limits must be approved by RPR before clearing and grubbing activities can begin." Per Project Manual, Volume 2, Specification Item P-151 Clearing and Grubbing, 151-1.1 c., marking trees to be cleared is to be done by Contractor.- "The Contractor must have a Registered Land Surveyor on-site to stake out the approximate location of the trees per the coordinates provided and to identify the isolated trees that are obstructions to the specified surface. The Registered Land Surveyor will identify the trees using the specified surface as described in the Contract Drawings.All trees that are obstructions to the specified surface must be removed." On wetland limits delineation:JacobsIBirkitt will be responsible for wetland delineation. Contractor must coordinate with Jacobs prior to construction kickoff so wetland limits can be staked out by Jacobs in a timely fashion. Addendum#I MTH—Relocate RWY 7-25 Phase I -Tree Clearing Bid Opening August 18th,2022 Page 2 of 3 4.4 Do we know what type of trees will require selective clearing? ANSWER: Types of trees vary. The quantity of selective tree removal shall be the number of trees per each, regardless of the size and diameter, as approved by the RPR and Airport. The isolated trees to be removed are located in the specified surface, as shown in the contract plans. The unit price shall be full compensation for all labor, equipment, tools, removals, surveying, hauling, and incidentals necessary to complete this item in accordance with specification P-151. 4.5 Will the contractor be responsible for installing a hydrometer to pay for water bill costs involved with watering sod and plantings? ANSWER:It is up to the Contractor's means and methods how water will be brought onto the site in order to meet the watering requirements in the contract specifications.Per Project Manual, Volume 2, Specification T-904,Method of Measurement, "904-4.1 This item shall be measured on the basis of the area in square yards of the surface covered with sod and accepted by the RPR. The grading prior to topsoil and sod installation, the hauling of material, the placement of topsoil and sod, topsoil per specification T- 905, sod per this specification, and watering shall not be measured separately and shall be considered incidental to this pay item." 5. Pre-Bid Conference Materials 5.1 Pre-Bid Conference Agenda and Sign-In Sheet,Addendum No. 1,Attachment No. 1 5.2 Pre-Bid Conference Presentation,Addendum No. 1,Attachment No. 2 This Addendum No. 1 consists of 18 pages and 2 attachments. END OF ADDENDUM No. 1 Addendum#1 MTH—Relocate RWY 7-25 Phase 1 -Tree Clearing Bid Opening August 18th,2022 Page 3 of 3 ADDENDUM NO. 1, ATTACHMENT 1 MON ROE COUNTY, FLORIDA loac FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT Relocate Runway 7-25 Phase 1: Tree Clearing Monroe County Project No. GAMA82 Pre-Bid Conference J U ly 19th, 2022 at 2:00 PM 2nd Floor Airport Conference Room 1. Introductions—Owner-Monroe County, Consultant-Jacobs 2. Bid Opening—The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on August 18th, 2022. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156(San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) 3. Bid Documents 4. Federal Provisions 5. Airport Security 6. Project Description a. Tree Clearing i. Clear and grub ii. Regrade infield areas and install sod 7. Project Access/Staging Area 8. Project Phasing a.Phase 1 i. Stake out existing wetlands ii. Stormwater Pollution Prevention and Erosion Control Devices iii. Clearing and Grubbing iv. Removal of existing material v. Establishment of Proposed Grades vi. Topsoil and Sod 9. Work Hours a. Daytime work hours 7:00 AM to 4:00 PM b. No Runway or Taxiway Closures needed Pre-Bid Conference Page 1 of 2 Relocate Runway 7-25 Phase 1: Tree Clearing ADDENDUM NO. 1 ATTACHMENT 1 r MON ROE COUNTY FLORIDA %jaco S u 10. Construction Schedule— a.Contract Award — No later than 120 calendar days from Bid Opening b. Notice to Proceed Administrative—Anticipated October 2022 c.Notice to Proceed Construction - Anticipated May 2023 11. Liquidated Damages— a.Failure to Complete within Contract Time i. $1,000/day 12. Protection of Underground Utilities & Cables 13. Permits 14. Quality Control/Quality Assurance a.Jacobs 15. Site Visit- Project Areas to be visited after Pre-Bid Conference TODAY (07/19/22). 16. Project Questions/Addenda— ,August 2nd.. 2022 a.Last Addendum to be issued no later than August 9t", 2022 Pre-Bid Conference Page 2 of 2 Relocate Runway 7-25 Phase 1: Tree Clearing ADDENDUM ATTACHMENT 1 ® a MONROE COUNTY, FLORIDA %Jacobs i ° FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT` Relocate Runway '-25 Phase 1: Tree Clearing Monroe County Project No. GA2 PremIB'd Conference JUly 1 91h, 2,022 at M 2nd Floor Airport Conference, Room SIGN-IN SHEET y Name Agency/Company Phone No. Email Address ka,IV (Y _A11A_ All .. SCA w-231-eW E(%%) ki'*�" W f toCI\Ur tt4+0 .. ' k OL Skm C'-�A;u"Teee_4,-LavJs mu(_� RAN i ,1 r r rn ip y i Y ,rP ADDENDUM NO. 1, ATTACHMENT 2 'L ai (1 Nlui i IQ Im II ,iiir "I'll,.........."I..............................I............ F, r N J' I r„ 1 �'�iii Jai 1 4 • r, „ 0,13 • Owner of the Project— Monroe County, Florida • Richard Strickland — Director of Airports • Michael Legere—Airport Manager • Consultant— Jacobs • Chris Bowker - Program Manager • Kaly Queiroz— Project Manager/Design Engineer • Send RFIs to ,. i i " . 'aacobsi 2 1 ADDENDUM ATTACHMENT 2 ® , ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bid Opening Date and Location Bids Due: Thursday, August 18t", 2022, at 3:00 PM The bid opening for this solicitation will be held virtuall ,via the internet,at 3:00 P.M., on August 18th,2022. You may call in by phone or internet using the following: Join Zoom Meeting Itt s-.-J/i cbocc ooim us/................................................................................................................................................................................................................../4 09 2 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156(New York) +16699006833„4509326156(San Jose) Dial by your location: +1 646 518 9805(New York) +1 669 900 6833(San Jose) 91 ,jlacobs, 3 Contract Documents 7113 • Plans and Specifications, Dated August 2022 • Volume I (Front ends) and II (Specifications) • Addenda • www.demandstar.com • www.monroecountybids.com • Unit Price Contract • 5% Bid Bond • 10.1% DBE Goal • Insurance/Payment & Performance Bonds • Federal Grant Requirements (Davis-Bacon Act, EEO, Buy American, etc.) AN ,, 4 2 ADDENDUM ATTACHMENT 2 ® , • • Documents List _ Schedule of Bid Items(Attachment"'A"). Bid Bond The Drug-lFiree Workplace form. _ `vendor Certification Regarding Scrutinizer)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 financuall statement _ Disclosure of(Lobby Activities _ Acknowledgement of Receiilpt of Addendum _ Disadvantaged Business Enterprise Program _ LIBF Utiliizahon Form°Affachrmernt 1",Division III DBE Letter of(Intent"Attachment "„Division III _ Bidder's Affidavit In Compliancy:with(Florida Trench Safety Act Sworn Statement Pursuant to Section 237.133(3)(a),Florida Statutes,on IPublic Entity Chimes Sworn Staterrnent under Ordinance No.10 199Ct _ Certification,of Drain-segregated IFacillities _ Federal)Wage(Decision Certification Regarding Debarment,Suspension„Ineiigilbility„and Voluntary(Exclusion 49 CFIR Fart 29 Copy of Bidders License for Stage of Florida,evidence of competency and evidence of financial responsibility Bidders Statement on Insurance Non-Collusion Affidavit ,jacobsi 5 Federal Provisions t"f1 t • Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion • Certification Regarding Foreign Trade Restrictions • Certification Regarding Equal Employment Opportunity • Wage, Labor, EEO, Safety And General Requirements • Davis-Bacon Act Requirements • Contract Work hours And Safety Standards Act Requirements jacobsi AN 3 ADDENDUM ATTACHMENT 2 ® , ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Federal Provisions • Clean Air And Water Pollution Control Requirements • Requirements of the Civil Rights Act Of 1964, Title VI • Buy American - Steel And Manufactured Products For Construction Contracts • Equal Employment Opportunity • E-Verification — Confirm employment eligibility of all employees and all persons (including subcontractors) assigned to this contract (www.uscis.govle-verif y) 91 ,jlacobs, Contractor's Haul Route - Main 40", ".0 Project Site t LEGEND,: XM OM 4' CONw'ITT�AG'TCJR`S I4,%LJL ROUTE C0NTRAGTCJ TREE OLLE alffuN PROJECT LIMITS _0FZI uI=Fr,EE ZONE: 25 2'm—. FAR PART 77'I.yRY'dOX E LE VAT➢ON ppuES'9."g ;f; ;// _.T.;z!w^ ,,,,r: 1'�rmFiyl //,,,,, /�/%%//////�/��iii/%�//;'",c,i /i%/f� ,; /r'4`9,(m✓ :,,, �',a, IhSElf.r�,"d'� ,„ ,„--,,.J;,�iinrr,',,,r°• ,..,..,..�._,�,�. J,, ��. i „r,T _—�--- �,',,.��„>..:... �.L�i!r�rr//. �...v,er, r/ r x �r� //,��. J7", // ,,.:.,ro„/,,,e✓/�'/f r,�%/,,,,lf,,,,//////11��,., rr✓/,rl///..,r„r,,,,,.,�G//,�,,i,,,,�„r,,,,,,,,,.,r�e/�i�//,.✓li,/r // :..�p2 v� —REa / II j r wuwwnv r�, R@G R...,. R&M ..,,,,—MA,,,,-——--MA--- QFZ .._. drr—- ter —— — — — — ,r,;;,; wJaP,a RJR' wra�dw IR.h WAdY'a pFa .. A...._ c � .�. .w.1R}pp'�.,, ——Rtl��4 RCf°F RdG�6- f m =� 5 _- —_ - A 'nC— _ — -RGY----`.— LJIwAPt1A471RS ..:r�� W/ r{r�LLuxui.lTE r'rPim --- /ri%"'` mr.r^,_ ....n "?r,._ i`" j•. �„r„_.. ��/ 7-7 %I0�Vb*,.*0I 8 4 ADDENDUM NO. 1, ATTACHMENT 2 Contractor's Staging Area W."'A //r' 1 it ��i� AIN TRAFFIC Sri /., /.rile,, /r r�//i„//, r,r%�., ,✓, ,,. .,.,i// / / .., /..../r</ ,�/.i„/„/i,. ,;,.. ri ,//fir/ii,,...1 r/...,ivi,r f/,..i ./�,r/f„/,. i,. M. .../✓/iii r f/,,,,/.,,,,/o„.. /r. r.,. r/r /;;i. J ALL TIMES ...� �� CONTRACTOR'S AZ //loll 4'M J1,ROUTE AND F(LAGM AN (SEE NOTE�;a ON HAUL ROUTE �r� „ ,„ ; ��ICT 1� T� (LxAT��:116) SEE NOTE 4, .,,,� ,,,,,,,, , ,. CONTRACTO STAGu G AREA, 0 so, tom *W, jlacobs, 9 rr Airport Security 1*1 • The Contractor,staff,employees,sub-contractors,delivery and haul operators,or anyone required to enter the Air Operations Area related to the contract work, may be required to produce valid government issued photo identification • Contractor Personnel and delivery drivers are not required to obtain Security Badges to access the work areas or perform work • No unauthorized construction personnel or traffic will be allowed onto the airfield. To this end,the Contractor shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site • The Contractor's vehicles operating on the airfield shall be identifiable with company name and logo on both sides of vehicle,display above the vehicle a flashing amber(yellow)dome-type light or three-foot by three-foot orange and white checkerboard flag �C2%00 b I 10 5 Overall Project Phasing �r.r.ara.s�N�.7,a iar�wat it .� rLJ" r c r i i l �,... , // /i,✓///1,,,,,r////1 ii i/ ,,,, j G/%//r/,rr,r%%,,,,rc r %i/ i,, /., /, /�/„i,,,,,/,, d /%/ /%,/„ „i,, irr , ............ -- Via. --.....W......... ,..�...,..-.�.-,�R9A........................._.�.......yy,.,_.,.,._- -ag,q..-.. ft*-�.,...........,w..�,..�.-"I��.�.�,��._.p.p............R,r,...�..._....m.,.,.m....,..�.mgr:-..----'�� -:Syr..,,,, ".�.�..�j; '—————QU——— '�. p;.,.,�.m�,.�„� ,»�,,»�. Qrc 0FZ—— ,..�. inxrnr,�4r ra IpCMY4 a'r411 t �vrra,5rrvw,c-�w^r. no, i ✓ THIS IS A SINGLE-PHASE PROJECT CJPIXTIRdryd:,1D:xN..M,,LK 7S. Delineate wetlands limits(Contractor to coordinate with �Jh"��C°r'EAR '�RXDIECVAGiN arIMP • � o��J:u�m��wrrwr w Rwa,a ai r LIMPS Jacobs,who will complete delineation) RSA— INE Installation of stormwater pollution prevention and — — qua A=w aun,11iia,oFf' �?�T�� iauumy�a�re�w �Ra..,r,FMA erosion control devices . , . Yugo:: uuRE °u..umu • Clearing and grubbing the required areas • Selective tree clearing(surveyor to be present on site) • Existing material removal • Topsoil and sod 91 ,jacobsi 11 Overall Project Phasing Notes =w rr 07113 • Daytime work hours 7:00 AM to 4:00 PM • Wetland limits must be delineated prior to commencing work within the mangrove wetland areas • Wetland clearing will be manual • No construction may occur within the Runway safety area (RSA). • The contractor shall complete all work associated with this project in all phases within 90 consecutive calendar days • The anticipated NTP for construction is no later than May 2023 �' 12 6 ADDENDUM ATTACHMENT 2 ® a ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Snapshot of Demo Plan ........... � %/rrr////��r�r�I I I ,��„r,rrrrr� �, ' I 'I ,.,., �i//rii r�azr�lh,icr iiti�or,e imp rat,aaawm, ;V / `„/f ). {, _ F I...... r/s,iiii/ nTlFlr; li /J -- WTI �Ilf'.'J4IICINSURIACILa=a.r n rc,� rYrn��iw•�a�. r� u!ry a rrov /yip rlrr!K r � ',J 4 j/ 'ry ...... d r ca IelM+,rva Ih1 WJiNVY 1(wi ? R vA I IIYP� 1'I MOM, •. uAi24.7ZIHI FUTA rrSA Y0.PJ7' tl::t'l'lq.Nd M1YN44rh'k'k4. r"F"�".......,...�. R C It1-0LIY9'E 0..0 bY"YIP�I14VC 0 WdUJP011W'dy 591-1�5 �w r s NOW�a r � ,gym w"�uTur m w. RI'..I IrraN::� MANUAL CLEARING,rt'�1R�;"&�"EILANICItiC.NON'.P.l AbFAy�, ,am ®w, M:llPl��,gl'.v7rllMYVl�f0.dl0.'.��MiIgNM W'm'MIIIF'M F // ..... n / Ham,k, II wl fllhd 07 RUIl1Ydnln.Fl1,11471IJIIA a IICMMa AREA A a US[I IC,WrWAII OR LT I RPI a.mz+a...aa. r U,.'Y , M' c' f%'I c ,. —fi^�'4—FUTURE R"UNWM d...AF:F.i iW ArEf, —ROM—FUTURE:id!RE:FDNY Mrt CM.YBC C FREE04kNlVAA INAI II US1IINIC,WETLAND BLry.DNYI:SAR Y LIMITS II I I.C;'C"E:rRI C",1.ARANC, 91 ,jlacobs, 3 Taxiway Runway Closures *1I 3 a. No Runway or Taxiway Closures needed oacobsi 14 7 ADDENDUM NO. 1, ATTACHMENT 2 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Plantings for the 3 Wetland Areas ———————---— TWO I A WRI mcli I�0 21 Wwwaw fimtlllik� IF An— .......................... 'WAW, ommbyo 4" 1 OR, vmwd, OvAl 21" Wally—1.111.-I've ouft—,w ff, 6— 4 ................... FKA 611, MCI ............ AAGIN NO 11, 6 15 ............. Plantings for the 3 Wetland Areas 01111A DIU a,cil ................. Rm————————---— f---———— —KA--———RU—————FM--———ROA———— —R%--———— CE S V EAL WE NMI` ........ 777r -TOWT AS AI............ LT Ww"M 3"WIFIr F1W mw "Aw, ON" W, 400011% �Wwfflo NO, 1:l R—W, k"Joy qK—j*-,w ff 1.0 W, If Own *1-Or�w MAN WOO 04fil"Im 1 K.,"6, 1111111-1-7',ffi�,—I�--7777T77777-M-1........................................... .....................P.......................................................................... M 1W 7 RUNWM?-2s Iwaviumpawaum Mr C li"Ag" lyW, ft RM ————Rm Im—— Rm—————VA—————m—————m—————m—————fa—————m .................... ............................1-----.............................................................................................................................................I'll..................................... OfN I bf,,- Y—m- 4p 0 WRAff,WX IV*.jawa- V I I—I I I-111f .......... . ..................---- .......... ............ -- ---------------------........--- .......... A—� Y.—I, 16 8 ADDENDUM ATTACHMENT 2 ® a Plantings Yl ✓ l / r /.,.r // J r // r / r rr G / r, r ,r,/1..✓ � ....�.. .�/ 1.rl� ,..r � r/ � .�.. � � �rr/ / ri � /� .r /..., /r,/i /of � / r/ � // / / / ✓r r ., / / it � r� of � /// / r r �i / /., r >', / r/�, ✓✓ /.. r ,.. o...uruh. A ✓/ /� /�r r ,u..rs,��.�rsl.-.. /,/ /� r/�� -,ir / / /... r it 7 �, ,, IF Ifi VJf uY�MfF Y flr Y�X7'I'Mf°Xr II,esI I r✓'toa,� p V,d��,y�u r"y�mrp 'hV:IIBI hl 1pN E x y�..tllu�JIB �urw- {w yDlll,� _-_-1➢9'W, _�.- - ---.I uW, -m _.„T1 4,----_ AM---fm---- RIM--_,_- FUTURE 16NM.NPA'MA4ti.P a IA, /';,...... b r / i � 'r/r////,///r. /i/r�. //// •..r/ r////////////rrri ri/////i ai//rio/rr///rr, /��//��rrr/r/i/ rr/li Mev.:mw Inn �4'U1�Dr'�I �ra�wGYrfiM1' m'. [GW',NUUI OtPM IrM�Vttm�nYa3R rl/1"N/%///Q///////%////%/11,-1, W "�+Aw�Qr ''dwJ,nwhwCl (�,p "dP�Wdr- '�l�n�f,@�r +k641 t l IN'+awu s�W.ga'r!w�Gryryu's J,�wr,o aWl! "AL .a'o,aa 1 v�r ml'a ��d W .. .:., ..,..�...;...... ...,.,.�........ .�......;..� ,�,. ;:,� .,�;.. .... ..- ...,�.�.a.�.::w." �,......:w,��„,„. ...:...��....,�..,.�,�,�,.a ..",..,�.:,�.,�... ,�,......;�,w;m.,� rou1;r"ryul� ...,� ..,.w,�,�w,�,�.s«.a......�. F�M PV&@' ll1 i1141 w:. h!RI 9r7 71WI E' W „, 5UIVidm. aPw�uNm'u ��'I 'R"II Cnl ,J"aWeVpo�rr �@'n�: -- 4 „ I IIdOWIWNl rlmLw Aun� I�{; ........ fie.--_ .- ---- -. RM— ,. - ..—— �.... — - ---- -_ -. .....--�p --...-- — ..�PI14GYIWOUf Vi.nw,...... - y��n�n;�Naw'4mvrvlmr a `IIR4h ✓, __... __lv„ yrrf� .... Ir/r..._. ......1'.A ... fr;�:" /M121iWpINMlM',O M&Auw'w'wo FAGIkA; ��"A,"rfwW,lll Y I V, xrrgM0npgqpxp'i wu. {NINIMR J. r rr rri,rr.,,i,ri r,. r rrrr rrriiri rr: irr�rrrr r,it r rri r,r r rir r,r, r,rr„ri .>,y e 17 Contract Schedule oell'i • Notice to Proceed Administrative (Permits/Submittals) • 120 Calendar Days • Notice to Proceed Construction • 90 Consecutive Calendar Days • Contract Schedule • Contract Award - No later than 120 calendar days from Bid Opening • Notice to Proceed Construction - Anticipated May 2023 Aft It* 18 9 Liquidated Damages • Failure to Complete within Contract Time • $1,000 per day for failure to complete Construction within the 90 Calendar Days from Notice to Proceed Construction 91 %jacobs, 19 Protection of 07113 • Locate and protect from damage all existing utilities in the construction area, including, but not limited to: o Monroe County o FAA o Keys Energy Services Alwa�ys,call 811 two full business.. �. you , , AN jacobsi 20 10 ADDENDUM NO. 1, ATTACHMENT 2 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Quality Control/Assurance • Contractor will be responsible for performing Quality Control (Q/C) Testing • Owner's Representative (Jacobs/Birkitt/)will perform Quality Assurance (Q/A)Testing • Contractor will need to provide their overall Q/C plan as outlined in the General Provisions 91 ,jlacobs, 21 Site Visit 113 • Project Areas to be visited immediately after Pre-Bid Conference TODAY (07/19/22) • Verbal discussions during site visit will not be considered • Only written questions are responded to by issuing addenda as necessary %olacobs, 22 11 ADDENDUM NO. 1, ATTACHMENT 2 Project Questions Addenda • Addenda will be distributed to firms or individuals who have obtained the Contract Documents and Technical Specifications from DemandStar by Onvia. • All questions shall be submitted via e-mail to o Kaly Queiroz, P.E., Jacobs o Kaly. it ,Lacobs.com • Deadline for questions: o Tuesday, August 2nd, 2022, no later than 5:00 pm o Last Addendum to be issued no later than August 9t", 2022 91 ,jacobsi 23 12