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08/21/2002 Contract Cled( of die Circul coon Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-derk.com Memorandum TO: Peter Horton, Manager Monroe County Airports ATTN: Bevette Moore Airport Business Administrator FROM: Pamela G. Hanc&- Deputy Clerk DATE: September 11, 2002 At the August 21, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and D.L. Porter Constructors, Inc. to construct miscellaneous improvements at the Key West International Airport. Enclosed are three duplicate originals of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File~ _.,--~_.._~_._--~-,---~--"-----_._-~._---~.._-- .."", " >:;;':"~':~:':ll.fii;,!.j";.';~""',r.:":-,:~""~ CONTRACT DOCUMENTS MISCELLANEOUS IMPROVEMENTS KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA ~ PFC Application No.5 URS Contract No.: CS00004059.11 Prepared for: " THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MR. GEORGE NEUGENT, DISTRICT 2 MS. NORA WilLIAMS, DISTRICT 4 MR. CHARLES "SONNY" MCCOY, DISTRICT 3 MS. MURRAY NELSON, DISTRICT 5 MS. DIXIE SPEHAR, DISTRICT 1 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URI CORPORATIOII ..- AUGUST, 2001 - VOLUME 1 OF 2 ~- CONTRACT DOCUMENTS MISCELLANEOUS IMPROVEMENTS KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA J ~ ~.., ~ I'l , Uti 2 'I 2001 PFC Application No.5 URS Contract No.: C500004059.11 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MR. GEORGE NEUGENT, DISTRICT 2 MS. NORA WilLIAMS, DISTRICT 4 MR. CHARLES "SONNY" MCCOY, DISTRICT 3 MS. MURRAY NELSON, DISTRICT 5 MS. DIXIE SPEHAR, DISTRICT 1 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URS CORPORATIOII AUGUST, 2001 VOLUME 1 OF 2 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR MISCELLANEOUS IMPROVEMENTS PFC Application No. 5 URS Contract No.: C500004059.11 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORATION AUGUST, 2001 VOLUME 1 OF 2 TABLE OF CONTENTS VOLUME I DIVISION I........................................................................... BID DOCUMENTS DIVISION II......... ........................................................................... CONTRACT D I V I S ION III............................................................... G ENE RAL PRO V I S ION S VOLUME II DIVISION IV ................................................................. SPECIAL PROVISIONS .. DIVIS ION V...................................................... TECHN ICAL SPECI FICA TIONS BID DOCUMENTS DIVISION I BID DOCUMENTS SECTION A - INVITATION FOR BIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-2 SECTION B - INSTRUCTIONS TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS. . . . . . . . . . . . . . . .. 1-13 SECTION 0 - BID BOND ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-22 SECTION E - DRUG-FREE WORK PLACE .............................. 1-24 SECTION F - PRIME BIDDER'S QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . .. 1-25 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES ...................... 1-27 SECTION H - ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM. . . . . . . . . .. 1-28 SECTION I - THIS SECTION IS NOT INCLUDED .. . . . . . . . . . . . . . . . . . . . . . .. 1-29 SECTION J - THIS SECTION IS NOT INCLUDED .. . . . . . . . . . . . . . . . . . . . . . .. 1-30 SECTION K - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. . . . . . . . . .. 1-31 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990 ...... 1-34 SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES. . . . . . . . .. 1-35 SECTION N - FEDERAL WAGES DECISION. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-36 SECTION 0 - CERTIFICATION REGARDING DEPARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-40 1-1 SECTION A INVITATION FOR BIDS Sealed bids will be received by the Monroe County Board of County Commissioners until 3:00 p.m. local time. Thursday. October 18th, 2001 for the furnishing of all labor and materials and performing all work for constructing the following contract: Miscellaneous Improvements Key West International Airport Monroe County, Florida At the specified time, all bids will be publicly opened and read aloud. The opening will be held at the office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 002, Stock Island, Key West, Florida, 33040. Any bids received after this date and time will be automatically rejected. The major items of work for the contract will be as follows: The Contractor shall provide all labor, engineering, materials, supplies, equipment, tools, transportation, surveying, layout and protection to furnish and install storm shutters, complete selective demolition, relocate AlC units, remove existing windows, and install new windows in the Adam Arnold Customs Building and the Terminal Building. Also, the Contractor shall refurbish the entrance and install the new canopy in the Terminal Building. A Disadvantaged Business Enterprise (DB E) goal of 00.00% participation has been established for the contract. Copies of the bidding documents (Contract Documents) may be obtained from URS Corporation, 5805 NW 11th Street, Suite 340, Miami, Florida, 33126-2034, Telephone 305/262-7466, upon payment of $50.00 to URS Corporation, which will not be refunded. No plans and specifications will be issued to contractors later than twenty-four (24) hours prior to the time indicated above for receiving bids. No partial sets of plans will be issued. Bids must be submitted upon the forms contained in the Contract Documents. Guarantee will be required with each bid as follows: At least 5% of the amount of the bid shall be filed in the form of a certified check or bid bond payable to the Monroe County Board of Commissioners. A public construction bond will be required for 100% of the contract price. A Surety Payment bond will be required for 100% of the contract price and a Surety Performance Bond also 100% of the contrac;:t price. 1-2 The Contractor will be required to pay all workers on this project the prevailing scale of wages contained in the Contract Documents. Certification of Nonsegregated Facilities and Equal Opportunity Report Statements must be signed as included in the bid proposal. Failure to complete these forms may be grounds for rejecting bids. No bids will be considered unless the bidder is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. This shall include evidence of possession of a cu rrent license from the State Licensing Board for General Contractors, Tallahassee, Florida. Non-residents of the state, if a corporation, shall show evidence of qualification by the Secretary of State to do business in Florida. No bid shall be withdrawn for a period of ninety (90) days subsequent to the opening of bids without the consent of the Owner. The right is reserved to reject any or all bids and to waive informalities in the bidding. The right is reserved to accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. All bids, including the recommendation of the County Administrator and the requesting Department Head or Division Director, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Fla.Stat. (1997). Interested bidders shall submit two (2) signed originals and four (4) copies of each bid in a sealed envelope marked on the outside, "Sealed Bid for Miscellaneous Improvements at Key West International Airport". All bids remain valid for a period of ninety (90) days. All bidders submitting bids for construction, improvement, remodeling or repair of public building, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.113 FS, unless exempt under Ch. 489.103, FS. 1-3 SECTION B INSTRUCTIONS TO BIDDERS 1. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent (5%) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. 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 the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, he may submit to the Engineer, URS Corporation, 5805 NW 11th Street, Suite 340, Miami, Florida, 33126- 2034, a written request for an interpretation of the proposed documents. Such interpretations will be made only by Addenda and a copy of each Addendum will be mailed or delivered to each bidder receiving a set of such Contract Documents. Requests for interpretation will be accepted up to seven (7) 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. 1-4 5. PREPARATION OF PROPOSAL: Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for 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 Owner will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE BIDS: Where alternate designs are provided by the plans and proposal, the bidder shall enter prices only on the items for the design alternate that will be most economical for him to construct and other bid items that will be common for all alternates. The bidder shall enter the words "No Bid" in the unit price column on items for the design alternates not selected. If any item on the proposal form permits a choice between alternate specified types of materials, the bidder shall indicate by a checkmark the type of material he proposes to use. If 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 1-5 grounds for rejection of the proposal. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive minor irregularities in any bid. 8. BID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 9. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. 10. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will be made within thirty (30) 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. 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 ninety (90) days without the bidder's written consent. 12. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within ten (10) 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. 1-6 Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within ten (10) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then 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. 15. CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No.1., Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 16. BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) D. Drug-free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) F. Disclosure of Lobby Activities (Division I, Section G) 1-7 G. Acknowledgment of Receipt of Addendum (Division I, Section H) H. This section is not included. I. This section is not included. J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public Entity Crimes (Division I, Section K) K. Sworn Statement Under Ordinance NO.1 0-1990, Monroe County (Ethics Clause) (Division I, Section L) L. Certification of Segregated Facilities (Division I, Section M) M. Federal Wage Decision (Division I, Section N) N. Certification regarding Department, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, Section 0) O. Copy of Contractor's license for State of Florida P. Bidder's Statement on Insurance (Division III, Section 140) 17. MARKING AND MAILING BIDS: Bids, with their guaranties, must be securely sealed in suitable envelopes, addressed and marked on the outside as follows: Office of the Director of Purchasing 5100 College Road Public Service Building Cross Wing, Room 002, Stock Island Key West, Florida 33040 Miscellaneous Improvements Key West International Airport Bid Submission Bids received prior to the time of opening will be securely kept, unopened. The Owner will decide when the specified time has arrived and no bid received thereafter will be considered. No responsibility will be attached to the Owner for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. 1-8 18. WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19. BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either in person or by representation. 20. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by anyone party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 21. ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22. CONTRACT AND BOND: The bidder to whom award is made must, when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23. COLLUSION: If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, 1-9 or his power to execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50%) of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the contractor and the Contractor will be responsible to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 25. . PERMITS: The County permit fees for the project are $ 0.00 Which shall be an expense of the Contractor. 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. 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 1-10 compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553- 64, Florida Statutes). 29. SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re-mobilization or re-negotiation for time delay can be made. Depending on the bids received, certain quantities may be increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 30. PROJECT FUNDING: Work included in this project is being funded by the use of Passenger Facility Charges collected by Monroe County. 31. DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: There are 0.00% DBE subcontractor goals for this contract. 32. PUBLIC ENTITY CRIME STATEMENT: A person or "affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 33. THIS SECTION IS NOT INCLUDED 34. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, 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 payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all 1-11 subcontracts, except subcontracts for standard commercial supplies or raw materials. 35. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Nonsegregated Facilities as required by Section 120, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section M. 1-12 \. ' i' ~; 1 I 1 I ..1 J J SECTION C PROPOSAL Contract -.J BID TO: Monroe County Board of Commissioners c/o Purchasing Department '"'~. " Public Service BUild~ng, Room 002 5100 Col/ege Road,IStock Island KEY WEST, FLORIIDA 33040 BID FROM: D.L. Porter coJstructors, Inc./ 6574 Palmer Pa~k Circle Sarasota, FL 34238 I Submitted (Date): October 1 j. 2001 The undersigned, as Bidder, here~y 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 th~ 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 perform~d, . .J .J .J J The Bidder proposes and agrees if this proposal is accepted, to contract with the Monroe County Board of Commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete thdconstruction of: tvliscel aneous Improvements Key I est International Airport Monroe County, Florida in full and complete accordance Jith 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 ektra work except as set forth in the attached Contract Documents. The Contractor Shall90mplete the schedule of values included as attachment "A", The schedule shall be added and the final total b~ount will be CJ ME I/t{JV 17/l I'd 5~Y1hV7Y TIIi<e" rll<i1I/S4NJ? ($:7- 0 <Z5! ) 7/fI?t:E 1/C//VO~l'?;) I~~I '3"2y. ~ 1-13 I I J J J I J } 1 1 1 J .J J 1 J J } J j J J J J I I I i , r- '9. 1... r1l1~ C{" . It is agreed that the description un+r each item, being briefly stated, implies, although it does not mention, all incidentals and t~at the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mbntioned, but evidently included in the contract shall be compensated for in the item whicH most logically includes it. . . The quantities for bid items listed ~ the attached Schedule of Bid Item sheetsare estimated quantities only for the purpose of oomparing bids. Any difference between these estimated quantities and actual quantities rebuired for construction will not be allowed as a basis for claims"sy the Contractor for extra c6mpensation. Compensation will be based on a total base bid amount and may be modified Js stipulated by Sections 20-05 and 90-03 of the General Provisions. 1 The bidder further proposes and grees 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 perf6rmance within the time period stated in the Instructions to Bidders from and after the date st~ted in the Notice-to-Proceed. The undersigned further agrees thlt in case of failure on his part to execute the said contract and the bond within ten (1 0) conse~utive 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 thlereon, shall be paid into the funds of the Monroe County Board of Commissioners as IiqUid~ted damages for such failure; otherwise, the check or bid bond accompanying this propoSaJ~Shall be returned to the undersigned. Attached hereto is a certified chec on the 01-- 5 % Bid Bond Bank of or a bid bond for the sum of I dollars ($ ) made payable to the Monroe Coumty Board of Commissioners. .....~'Sc..~ )Ar4~\)'-l ~ I acknowledge receipt of AddendaINo.(s) J 0""- . 1 hav.e included Pages 1-13 through 1-40 of the Bid Proposal which entails the Proposal Form o~v , Schedule of Bid Items (Attachment "A") o~ J , f;Jrim~ Contractor's Qualifications 01.'-/ J the Drug-Free Workplace Form t?r v , the Bi~ Bond 0....... -/" , Acknowledgment of Addenda-.:::::::.. a"- ,Bidder's Affidavit of Comp,~iance with Florida Trench Safety Act "I'" ;/' , Sworn State~ent Under Ordinance No. 1p-1990 {\)I<--- -\/"'"" . The Disclosure of Lobby Activities (It<<--' v ,the Sworn Stat~ent Pursuant to Section 287.133(3)a o~......... ,Certification. of Non-Segregated Facilities C> V J and the certification Regarding Department, Suspension, Ineligibility ~nd Volun'tary Exclusion olt-- . . Also include a copy of valid Contractor's licenses and evidenc~ of Competency and evidence of Financial Responsibility ()It..... .,/ Checkmark items above as a reminder that the are included.) ~ ~ c.~ ~I""';: i u. fin If) p ~c e -8\ D~'e2 S ':=t'?J :3~() ."""cote.'.. It f"E.W u' JT_....~ 'Z,\l ~4 "e~ 19 \':l)3'5 t. ( "7e!:: SC'tt . in {} -;):~~ 1\1 \ \I ) 1-14 ~ ~v-\. ~ e J 1i"O {'eo Ie"..., ~ , I~ I ( , I I I I I palmJ I Mailing Address: 6574 Park Circle I Sarasota, fL 34238 I (941) 929-~~00 I I I Signed: Phone Number: J ..1 ..1 ...,~ ... cOO*- Date: 10/18/01 C~ Marshall White (Name) Vice President . J ~ (TIlle) ~~~ itness: J j J J J J. I J J l". /-15 1 "1 1 -1 ~'] .J .J .J J 1 .J J J J J J J I .J ':1.0/18/213131 14: 05 DL PORTER CONST PAEE el2/ldt 94192995013 A IT ACHMENT "A" ----- - - S<tHEDULE OF BID ITEMS 1. Schedule of Bid Items -I "FJrnish and Install Storm Shutters" t ADAM ARNOLD BUILDING wtoow & DOOR SCHEDULE NORTH ELEVATION QUANTITY Lb. ~D1lI HilG.H1' UNIT PRICE . TOTAL ~ 6 AWN1 r-4" 4'-0" - 1:,/7- ,;).7 310El ~ . " ~ -" -" . _.ADN1 12'-0' 7"-9" ;;;), 't:?, ;/1 ;J .2. -o:t, / I 2 ADN2 p'..o~ T.o" 57~ ~cJ "J15"O.. ./ . '1 - AON3 lr-4~ 7'-4'1 &, t .:J..~5 "f.:I..,.- / I 1 ADNA- Vi..." . 7'-4. 1/ f5'. :;'0 J.J'/5: ....... . AoA1Jl ARNOLD BUILDING WINDOW &: DOOR SCHEDULE I SOUTH elEVATION . I QUANTITY 1.0. ~om HElGHl' UNIT PRIes TOTAl 3 AWS1 ko-4" 4'-0" ? /7.. :;. '1 /1.5".2 . ./ , 3 ADS1 ~t-a" .:l: ~ ()" 1.1- . 7'.9. ~ b ;).g., ": 1 ADS2 ~'-4" 7'-4- - 67.'). -~p ~.73. /' r ARNOLD IlUlLDING WI COW & DOOR SCHEDULE EASl ELEVAllON QUANTllY 1.Do ~H HEIGHT UNIT PRICE TotAL , I t/7-. ;17 );).35': 2 AWE1 ?'-4" 4'-0" ./" . I J I . ADAM ARNOLO BUILDING W1~DOW & DOOR SCHEDULE WEST ELEVATION QUANTITY Le. "'IDTH HEIGHT urcrr PRICE TOTAL I &>/7: ~1 J :l.3S". -' 2 AWW1 9'0.4- 4'-0- 1-16 I j ..../ ./ ..../I J J I .) J J J J 1 .. i ... J j J J J I J 1 ~0El DL PORTER aJNST PAGE e3/El7 / /i!" / -"<:.... /' ~/(- ,/ /- TER'.IINAL. 6UILDING LOWER LEVEL . WI ~DOW & DOOR SCHEDULE . NORTH ELEVA110N . I > QUANTITY 1.0. ,^,OTH HEIGHT UNIT PRICE TOTAl. 1 TOm ~-4. 8'-4" /09.s:. 2/ /095: /. I 1 lWN2,c '-2" 5'-4" .t.s.R. I')' f1:3 J!~ ./ 1 lWN2 &-2" 5'-4- J'3,? 1'1 ~3P. ./ I 1 TWN3-C 3'+1/2" 0'-3" '167.$.3 If" R. - .'< , TDN2 ~I-o" 7'-2. / t!l $:?. (,1 IO$"3 / . "' 2..~ TWN5 ~.S" 4'..0" 4 '17. I'~ Jl9i r lWN6 J r25t.,~/" ~/~, / 2 4'-37/8- 2'-314- I I /t? ~9. .ff! /O:L9. 1 TON5 6"-0. 6'.a- ./ I . I ~,.;). 31 1 TWN7 -r-4" 1'-9- ::2.. '1 ..1 . / 3 TWN8-C 6'~Yl. 5'-4" f'lt,. ".., ;}, ~9o. /' 3 TONS ~~. 6'-10. ~ kr. ;l'l I~ 9'6 . / 1 TON1 3'1 ~. 7'.1" .s-8Lj. .7K .s-85"'". ,- I.. . ~-o- 1 i'wN9 4'-0" .3719, .$ '" ..B 7LJ. ",- 1 TWN1 a 4-o~ 6'-2" C/~/. .;23 '18' Ii . / 1 TONS .~.9" 7'-a~ /6/7. f/i? /~jtf. /" 1 TON4 ~.2" 7'-<)" .s-,y..'i'7J S'K" s-,; / 1 Exhau$t Fan SeD N~~ PI:uJ andAc~$ Sheet No, 3 1 j,o. .;1.2.. 7 {, (P, / Panel ! ,.- ,/ /. //' . 1-17 ~~r'r ,] .J "l -.J , I -J j. -, J '] ..J l :J ...:J .J J I -; J J I I ....J DL PORTER CONST PAGE El4/07 ,. I I I TERMfAL BUILDING LOWER LEVEL WI DOW & DOOR SCHEDULE . SOUTH ELEVATION to. OTH ~ HEIGHT UNIT PRICE TOTAL 4 TWS3 ~'-3" 5'-3 ~" /3 J.. "" I , J 173, 2 TCSHD1 11'-4" 7'..s" "" 1 TCSHD2 1 '-4" 10'-0" ~~SJ, ./ 2 TWS4 11'-4" 10'-0" .5"30;;.. / \,,1 TO$HD3 ~-oll -r-8w 'I'r/J / .",. " . TOS1 -4" T-2 }2" , ~3, '/ 1 ". I , ''-/3 t,!. 2 TWSS 17:'.,.11" .2'~1" I .J ~ TERMINAL BUILDING . WI, COW & DOOR SCHEDULE NOR EtEVAll0N \JPPEA LEVEL QUANTITY Le. wloTH HEIGHT UNIT PRICJ! TOTAL . , 8(R}' NUW1-C ~~2" 5'--4" Lf7.5: Jif . .3 gp/. /' I TERMINAL BUILDING . WUjlDOW& OOOR SCHeDULE . SOU~ ElEVATIONUPPER LEVEL . QUANnTY 1.0. W!DnI HE1Gl-IT UNrr PRICE TOTAL . 7(R) . SUW1-C 31.2" 5'-4" tf7B, 3' .33/1 / I 1(R} .. SUW2-C QI,/4 ~' 5'411 f 9t. '7 t97.. / J TERMINAL BUILDING WI COW & DOOR SCHEDULE , EAST ELEV A110~ UPPER LEVEL QUANTITY I.D. w!orH HEIGHT UNIT PRICE TOTAL 4(R) eUW1 ~-2" 5'-4" tj7~~ 70 / 9 9./. /' 1 EUD2 3f-4" 19'~g" 7 6(). ~.:l 76(p'. / 1 EUD1 2'L10" a'-g" t.:J 7. tf. ~ ~;J. 7. 7 I 1-18 DL PORTER OJNST PAGE 05/07 ..... ......;.~:,.".<.~., -.. .. I , , , I TERMINAL BUILDING wl~mow & DOOR SCHEDULE WE* ELEVATION UPPER LEVEL QU_~ 1(R) 3(R) J.D. WIDTH I I ..'-3" I HEJGHT UNIT PRICE TOTAL "J J 1 ...J WUW2 WUW1 WUD1 5'-411 '-2" 5'-411 J J J J J l i 1 , ~ ~AJNTENANCE BUllOING ''-, WI DOW & DOOR SCHEDULE \ NORTH ELEVATION UPPER1.EVEL (NOT SHOWN) I , auANTrl'Y 1.0. ~IDTH HeiGHT UNrr PRICE TOTAL 2 MEWl " ~'~10' , 3'-3" 7;;7. "g /'155: / 1'-4" I 6'-9" j . CO / Total ~chEildUle of Bid Items I $ 6 ~ 1/10 - . 2. Schedule of Bid Items ~ II Ilef'mPlele seleclivedemolllion, Relocate Ale units, Remove 'existing windows and stall new windows" . ' , I. . TERMINAL BUILDING WJNOOW & OOOR SCHEDULE NORTh ELEV ATJON. UPPER LEVEL QUANITrY LO. 111 1DTlf HEIGHT ' UNrr PRICE , TOTAL 8(R} NUW1..c ~'-2. 5'-4- .5';; 9. 7'/ '1~3{) ./ , I J '"ERMINAL BUILDING WINI' 'OW & DOOR SCHEDULE SOUT., ELEVATION UPPER lEVEL QUANTllY LD. ~DTH I-JElalfl" UNIT PRICE TOTAL ./ 7(R) . SUW1-C ~.-2. 5'-4- 5:1.8. 7'1 .370/ I 1{R} SUW2-C G'J.. !-2. 5'.4- . 799. ).0 19-({ / I , j J 1-19 J -. ."":, . J J ] J J J J d I ... J J J J , ~. . DL PORTER CONST PAGE 06/137 r.D. i I I I I . I " IERMINAL BUILDrNG WIN~OW & DOOR SCHEDULE EAST L.EV AnON UPPER LEVEL vhom Hl:lGHT UNrr PRICC I TOTAL 4(R} ,; d ,', EUW1 ~'w2" ,5;;9,7 5'-4" .2/1.5'. / I TERMINAL BUILDING WIN~OW & DOOR SCHEDULE WEST LEVA1l0N UPPER lEVEl. Qubm:rr Lo. J UNJT PRICE TOiAl. WIDTH HEJ(OHT I 5',4" 70/&'. 1 19(" / ' 1(R) WUW2 6'-3" I WUW'1 I 9.30. 1Cj ;2 793. / 3(R) 3'w2" . 5'-4" " 1 WUD1 ~-4. . , 6'-9" &,t./ . 7lr. . / i I t I TERMINAL BUILDING ~eLOCATE Ale UNIT , QUANTITY I UNIT PRICE TOTAL 7.00 I //,)5. ~, 7831), "! /' I TERMINAL BUILDING I ' REMOV~ Ale UNIT - NO RELOCATE QUANTITY ' -'. I UNIT PRICE TOTAL 1.00 I /3/. u /.3/. ~ ./ Total J hedule Of BId Items II $ ;23, O~O, 0$ / '-20 r I Ii 1 J . J ] J ] J j I ~:!.t PAGE EH/07 DL PORTER CDNST j I t ~u!e of Bid Items" III ''Trminal Building - Refurbish EntrancelWalkway" I TERMINAL BUILDING ~EFUJ:iNJSH ENTRANCE ~ORT}i SIDE WALKWAY Cll.lAUTlTY UNIT PRICE TOTAL 8,500 Sf= ! ~ 'I . d.5" . . Total thedUle of Bid 'lIemsUl $ .75' ~.~ 4. S~heduJe of Bid Items. IV uTerminal Building - New Canopy" '-':;;'~... . ,-Q~ ... '25 V-1b '/)>t:l --/ 25 <f/!:? I TERMINAL BUILDING i NEW CANOPY SQUTfi $ICE EXISTING ROOF AREA I . UNITPA.lC~ I 5; 9~ I Total 9C"hedU'e of Bid Items IV $ S5jJ.e1;. ~$ Schedule I 51'X.-r<{ Jlrht '1f>tJ~.+" Dl5EtJe.J tlvtlMk u $/J(.wt!:~ $ 1.09...'7/ Ia 'I! t'" (in-wo!tld figures) QUANTITY lOTAL b If)~ 56 }'01- ~~;of 1,200 SF 5~ 7J;,u./;' I) D 11 $ ;;3. () 9 0 t1~ Qn wo~ and figures) . . J.. .. . 2S~~ Schedule III 7~NrI.f;"l1r/11)" u THu-/;' J/1I~e;, Ett:lh"lli6't~~g Ilf ~ . (In words and figums) . " I . ~~rV Schedule tv FiPr'irfv4k~sk"T> CIJ~ //.J~"QM() $", $ ~~ tJ~ f? . (in :"04 and figures) ..- Schedules (I + II + III + IV) : Ok ,ijvolDa..() 5e.161hY'f/bl!"~ '~'fM) ~~"1IIZc/;>$ L~ ":./ . (in words and figures) ! r? 3'2 J . g- r PaymElnl will bE! madE! at lheconJacl unn pI1ce for. Miscallaneous.ltnprovements in Adam Amold Building and Terminal.BuIlding, which price and payment shall be a full compensation for furnishing all Jabor, equipment.!tools. and InCidentals necessary to complete this work. /' 1-21 07/03/02 14:24 FAX 3052614017 .- 1 I URS CORPORATION I4l 021 ,i ' - .;-,'" ~ ":":'~ SECTION 0 BID eOND Contrant KNOW AU. MEN BV THESE PRESENTS, that we.. D.L. i'ort.er Constructors - Tnc as Prinoipal, herainafter called the Principal, and The American InslIrancE! .company a corporation dl,.lly orgauized under the laws of ths State of Aorid~ ~ Surety. hereinafter called the SlJrety. are hell:! and firmly bound unto the Monroe County Board of Commlssioners as Obligee, hereinafter 1:~a1had the Obligee. In the sum of Five pucent of the Amount Bi.;l.---- ' dollars ($. 5\ Amt. Bid---;:---- . ) forthe payment of which sum well and truly to be mada, the 5aid Principal and the said Surety , bind Ol,uselves, our hei I'S. executors, administrators, successors and assigns. jointly and severally. firmly by thS~ll~ presents. WHEREAS, the Principi!1 has submitted a bid fer. Miscellaneous Improvements Key West International Airport Monroe County, Florida NOW I THEREFORE. if the Obligee shall accept the bid of the Prinoipal shall enter into a : contract with the Qbllgoe in accordance with the terms of such bid a.nd give such bond or I bonds as may be ipeci.fied in the bidding or Contract Documents with good and sufficient I surGty for the faithful pe1rformance of such contract and for the prompt payment of labor and material furnIshed in thl~ prosecution thereof. or in the event of the failure of the Principal to ' enter such contract and gIVe such bond or bonds, if the prinoipal shalJ pay to the Ob\igee the i difference not to exceed the penalty hereof between the amount epecifted In said bid and such larger amount for which the Obligee may in good faith contract with another partY. to perrorm the work oovered \:ly sa,id bid. then this obligation shall be null and void, otnerwise to remain In full force and effect PROVIDED further, !hEll if the Ptindpal shall submittha apparent lowest bid acceptable to the Obligee but shall fail tel meet D8E goalS as iet forth In the bid specifications, then Prinoipal shall, upon request of the Obligee. submit to Obfigee 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 otthis bid bond in the same inanner and to the same degree as though Obligee had accapted Prinoipal's bid and Principa' had thereaft~r failed or refused to enter into the contract with Obligee as .set forth in the immediately preceding paragraph. 1-22 07/03/02 14:24 FAX 3052614017 URS CORPORATION I4J 022 I! Ii i -" .- ~ ., ,;,1" ::- , Signed and sealed this ,18th day of October . 20...QL. .~ ',,.a'-- '. (Witness) ~:00l.l . D.L. ~orte~ Constructors. Inc. (Principal) I, .' <"'. r. _' . ;(S_~ ~:',' .. i~p3. ~/.. ~ ..~ .. ~ . -.... .....'" 1.- _ . . _ "'__'" I, ...~. k '.' '..,-..- 11 ,.' I _ _.... ~ ...... , '. . r:' - ~"~... r. ~ A- "'-'-"~'II c. MIrS1ill Vhite (Title) Vice P.res:iimt "'- Q~~'~ (Witness) Anett C.irdinll,le The American InsuriU\ce COlllpany (Surety) I I' (Seal) I, . 0 .. '..11 I 'I. "I,~,:.; ':: I _ ./"" " Kimberly A. :Resident Ag t c/o Willis 0 Ylo~i a, 7650 CQ~.tney Campbell Cswy.. t920. Tampa, F~ 3360 '. Inquiries: (813) 281-2095 All bonds must be signed by B Ronda resIdent agent with a legal street address; Post Office boxes are not accept,lble. Bid wilf not be considered unless the bid bond is -signed by both Plincipal and Surety, 1.23 07/03/02 14:25 FAX 3052614017 URS CORPORATION I4J 023 .,....._ ;;-.....r .~ ,.I" .: NATIONAL BVB.ETI CORPORATION. 'l'BE AMBBlOAN INSUB.ANCB OOMP1,NY FIllEI6AN'8 P1lND INSUKANCB COMPANY ASSOClA'l'BD INDEMNm CORPOIATION AMElUCAN AUl'OMOBILE lNSOIANCB COMPANY GBNBJW. POWEll OF ATl'OUfi KNOW AlL MEN BY THESE PRESENTS: 'Ibal FlREMAN's FUND INSURANCE. "COMPANY, a Califaraia COIpOl'aIioa. NA11QNAL SURElY CORPORATION, an Illinois CC~lponsicJa.. THE AMERICAN ~ COMPANY. . New lersey cacporatioa. RClomesticarcd ill Nebraska, ASSCX'.:IATED lNDEMNIn CORPORAnON, . CI1ifomia corponIiuD. IDI1 AMERICAN AUTOMOBILE INSUMNCE COMPANY. I Missouri corporation. (hereiin collccti.vcl)' CIllcd '"the Companiesj doI::s cadl beteby appohlt J ame s W. Dunn, Mirna Ramos, David H. Carr, DenisQ Taylor or Kimberly A. . Waller of Tampa, FL . . their illiG and lawful Atton1ey(s)-iIl-Fal;;t, \ltith fall power of authorit;y hCRby conf~ ill dlcir II.IDIe, pu Md ,-. 10 exccut:. seal, ac.bowkdF md dl:liver any lUId J1l bolUb, 1DIdc:rtakings, 1'CICOgJIl",ftCClS arodJerwriumobUgaliaDS iD the aaturcthacoL___________ lIIId 10 biDd Ihc ~i~ 1bad:Iy a tblly mild 10 die SlIDe cxitm as if sudl boPds wac sip:d by 1bcP.tcsidcur, ICaled with dIG aIIJXDIC scab of 1bc 0:Jm1""'~"$ aJ)d duly ~ by the CompaIlics' Sem::IaIy, hen:btmifyiDg md .......firmil'lg aD 1btt die. Aid ~>-iD-Fact rrtI.'J do in lbc pn:misr;$. 'Ibis pOWer of dlJmq is gnmtcd UAdcr OI:uI by cbc aIdbarlty of Article vn of the By-IaWl of each of the Companies which pnMsiaali lU'C BOW in full fcm:e and effect. This power of attomcy is signed and sed::d UDcb:.1bc audJarity of the follo;"mg h$oh1tioP aih)pte4l1y tbe Boatd of Diret:b:s of eacl1 of the C-OtDl'lUie;s It a meeting duly caUed and b:~ or by writbm consent, on the 19th day of Matda. 1995, ud said R.csolutiaD has Dot been lUIIeIUIecl or mpeaJed: . "RESOLVED, tIW: the signanJn: .In allY V~Pmsideat, Assist.mt Sccn:ury~ and ~ AIsisrant Scctdary of Ibe' Companies, IDd the seal of ibis Compa1Iiq a~,LY ~ af6xed 01' ~ au any power of ~ on my JCYOca!itJIl of any power of Ittl:lIncy. ' or OD my cert1ficate Rladng tbli.-elo, by f~ qd lID)' power of auomey. any revocation of any power of attonICy. or : certi.ficate bearing snch facsimile siguture or facsimilo seal shall be valid and ~htdin8 bpoat tho Cont~"~cs.tI " I INWl'INESS WHEREOF,lIle Companies bave c:aasc:d these ptUeDU 10 ~ aiped by their VlCC-PrcsidcDt, and 1heir cmporarc seals to be hemm10 aflixcd this 1st day of ____, December . 19 9 9 . FIREMAN'S FUND INSURANCE COMPANY NAnONAL SURETY CORPOIt.AI'ION '1KEAMElUCAN INSURANCE COMPANY ASSOClATED lNDBMNITYCORPORA110N AMERICAN AUl'OMO~II.:8 INSURANce COMl'ANY STAIEOFCALlFORNIA}SS Bv AO~ '-1... ~. COUNl'Y OF MARIN . ~. v~. . Outbis .1st dayar necmnher. ,1 qqq .beforclU~nalIycamc ~o~ R. Kolbeck 10 me mowa. who. being by me duly IWCIDl, did depose IDd say: tbar. be is a Vir;:e-Pn:sidc:nt of each company, descn"bcd. in ad w~ aeculc4 tile above iDstrument that he boWl tho $::m of Ibc said Compaaies: 1hat the seals affixed 10 1bc said ~ _ such company seals' lbat llley WC:i& so affiIed by order of the Boar.:! of Directon vf saW compuies m41bat be milled his D8IQC. daacto b11ikc order.. ,. IN 'W11NESS WHEREOF, I have hem:IDtO Set my baad and ~ my offidallCal, the day and. ~car hereill first above writtm. ~lrQ-:':'':' C~ - " r . . .1, ~fn~72&" r j:' HobvPubIlc.CaIIfanIq l (hl' ,1 - Main Camty ~ ~MAIJf]) :.. ~-..o"~~~~~~ L~:"lil'v~ CER.'lmCAn; ~ I' S ~ , ., October 2001 -......:- ~~ , I I " - . ''','. I" _, ;-:;-: -:,."';, . .:.- 07/03/02 14:25 FAX 3052614017 URS CORPORATION 14J024 ] I 1 J . j J 1 J _' J J .J .J -=-J SECTION E DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: D.L. Porter Constructors, Inc. (Name of Business) , . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, pos~,ession 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 maintain ing a drug-free wo~kplace, 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 emplcyee 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 I;pecified in Sub-Section (1), notify the employees that as a condition of working on the c('lmmodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sancticln 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. l 6. Make a good 'f;aith effort to continue to maintain a drug-free workplace through implementation e)f this section. I J As a person authorizHd to sign the statement, I certify that this firm complies fully with the above requirements. J J J 1 r.lcmtrAt-- Bidder's Signature Date: October 1 8, 2001 1-24 07/03/02 14:25 FAX 3052614017 URS CORPORATION 14J025 -: ,- ___ ,w ,._J .- SECTION F PRIME BIDDER'S QUALIFICATIONS . j J ] ..J : J .J J J .J Each contractor shalll:urnish with his bid the following completed and signed statements on "evidence of competerlcy" and lIevidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: D.L. Porter Constructors, Inc. 2. Business Addre~is: 6574 Palmer Park Circle, sarasota,FL 34238 3. Telephone Numl'ler: (941 ) 929-9400 4. When Organizecl: July 1977 5. Where Incorporclted: Florida 6. How many years have you been engaged in the contracting business under the present 4 yrs. as D.L. Porter Constructors, Inc. firm name? 25 yrs. as D.L. Porter Construction, Inc. 7. What is the type of construction work in which you are principally engaged? Commercial I ( 8. On separate she'et list major contracts in past 10 years. j J ) J ,J .J v9. On separate shGlet list equipment and plant available for this project. y'10, Enclose a copy of latest Financial Statement. 11. Credit Available for this Contract: $ 200,000 12. Contracts now in hand, Gross Amount: $ 30, 091 ,031 13. Have you ever mfused to sign a contract at your original bid? No 1 J ..J 1-25 07/0~!02 14:26 FA4, 3052614017 URS CORPORATION 'J I .1 '.1 '] ..J J J : -1 .J .J 1 j -J J j J I ...J 1 .J 14. Have you ever buen declared in default on a contract? t 5. Remarks: 14J026 ~() (The above statements must be subscribed and sworn to before a Notary Public.) Date: Firm Name: By: Title: Notary Public: October 18, 2001 D.L. Porter Constructors, Inc. l" ~h- C. Marshall White Vice President >~~ PAUlETIE JEWELL cOMMISSION . CC936310 EXPlRfS JUl16 2004 IQIl8) 1tW'JIOH au ...,...a c:J:1IIIINIY 1-26 Or~93/02 14:26 FAX 3052614017 URS CORPORATION ~0~7 October 18,2001 Momoe County Board of Commissioners c/o Purchasing Departmen.t Public Service Building) R.oom 002 5100 College Rd., Stock Island Key West, FL 33040 RE: Miscellaneous Improveml:::nts Key West Intemadonal Airport Monroe County, Florida Gentlemen~ D.L. Porter Constructors: Inc. hereby Slates that all equipment intended for use to complete the above referenced project within the specified limits would be supplied. Sincerely submitted, D.L. PORTER CONSTRUCTORS) INC. 0, }LxDQ,~ C. Marshall White Vice President CMW/pj ., 6574 Palmer Park Ci~,c:le · Sarasota, Florida 34238 · (941) 929-9400 · Fax (941) 929-9500 J J .J I ,1 J : 1 ..J . j ! .J J J .J , ) 07/03/02 14:26 FAX 3052614017 URS CORPORATION I4i 028 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: ] ] , J (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 c,~ member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any coopel ative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to !ny person for influerlcing or attempting to influence an officer or employee of any agenc~, 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 Activitie:ts", 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 Ijisclose accordingly. This certification is an laterial representation of fact upon which reliance was placed when this transaction was mado or entered into. Submission of this certification is a prerequisite for making or entering in10 this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to filH the required certification shall be subject to a civil penalty of not less than $10,000 and n01 more than $100,000 for each such failure. Signed: ~];) b:A Contractor's Authorized Representative Dated: 1 0/1 8/01 1-27 '1 . I J . J ] ,1 ,J ..J J .J J J J j 07/03/02 14;26 FAX 3052614017 URS CORPORATION 141029 SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM - , Acknowledgment of A,;jdenda I [ Slanature .-'- Addendum No. Date :p/ ~;Z;Z~ 1.5 Q ,,1// / /0 -I.l -17/ / ., - ., ., ., . - ., 1-28 07/03/02 1~,: 26 FAX 305261~017 1 I 1 '1 1 "1 'j J ] .J ,1 .J ..1 ."', ,J I J ..J J URS G.ORPORATION 141030 I I , SECTION I THIS SECTION IS NOT USED 1-29 07/03/02 14:27 FAX 3052614017 - , I I '"] 1 . j . ] J "1 , ] - J '..1 , ) . j .4 ) l I J J ,J I .J , j URS CORPORATION I4J 031 SECTION J THIS SECTION IS NOT USED 1-30 1 , J 1 1 , J .J .J 1 .J ,1 ,J .J I l J J J I J 07/03/02 14:27 FAX 3052614017 URS CORPORATION 14J032 SECTION K 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 aclminister oaths. 1. This sworn statEJment is submitted with Bid, Proposal or Contract No. for Monroe County Board of County Commissioners ~, This sworn statflment is submitted by D.L. Porter Constructors! 'Inc. (name of entity submitting sworn statement) whose busines,si address is 6574 ,Palmer Park Circle, Sarasota,FL 34238 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0848440 (If the entity has '10 FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is ('. Marshall Whi te (please print name of individual signing) relationship to tile entity named above is Vice President and my 4. I understand thcl,t a "public entity crime", as defined in Paragraph 287.133(1)(9), Florida Statutes, meami 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 subclivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material mis-representation. 5. I understand th!it "convicted" or '.convictionll, 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 adjuljication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida StatutesJ means: a. A predl'~ce5sor or successor of a person convicted of a public entity crime; or 1-31 1 ..J J J :J , J ,J J '~I J j 1 ....J J I J 07/03/d2 14:27 FAX 3052614017 l '1 J I URS CORPORATION ~033 b. An entity under the control of any natural person who is active in the manag-e:ment of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareh(ilders, employees, members and agents -who are. active in the managE!ment 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 I )ersons 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 knc:,wingly enters into a joint venture with a person who has been convicted of a pLllJlic entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I 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 If:!gal 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 tranSi,icts or applies to ,transact business with a public entity. The term ,"person" includl3S those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ~ Neither the entity submitting this sworn statement nor any of its officers, director::;, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been cl,arged with and convicted of a public entity crime subsequent to July 1, 1989. ! , , The en-lity submitting this sworn statement or one or more of its offic~rs, director::;, executives, partners, shareholders, employees, members or agents who ars' 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, ~ND (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 convictE:ld vendor list. (Please attach a copy of the Final Order.) 1-32 :,/ ,.,] ~ " J J J J J 07/03/02 14:27 FAX 3052614017 URS CORPOR~TION 14J034 The per~,on 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 healing officer determined that it was in the public interestto remove the person. or affiliate from the conv-icted vendor list. (Ple~se attach a copy of the Final Order.) I I I 1 J : ] ..J I .J I J The perEion or affiliate has not been placed on the convicted vendor list. (Please describe, any action taken by or pending with the Department of General ServiceEi.) '" Signature of Authoriz~:!d Representative: (' ,\.cwQJ C. Marshall White l~~Y" ~~,~ ' l". 'Vice President Title 10/18/01 Date STATE OF: Florida COUNTY OF: Sara:;;ota 18th The foregoing instrument was acknowledged before me this _ day of October 20Q1,by C. Mars1all White (Ore, Corporation or !BIg.> who is personally known to me ormhfx~:J'~ "'J' , as identification and who did/did not take an oath. ,:1:(, , , " I ~~ (Signature of No :'ublic, State of Florida at Lelrge) i (Print name PAUlfITE JfWEU COMMl~ . CC936310 I:XPl~S.l\JL 10 2O(W "~ My Commission Expi"es 1-33 'OJ I I I 1 ,] ,j ..1 'j J 1 _J ,1 ..L~:, . M_I '''.. "j I ~. J .':....J J J I 07/03/02 14:28 FAX 3052614017 URS CORPORATION 14J035 SECTION L SWOFitN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE D . L . Porter Co ns tructors. Ine. 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 Ordinanc(,~ No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate tllis Contract without liability and may also, in its discretion, deduct from the Contract or purchc!.se price or othe~ise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 0. Jlora ;\ C. Marshall White (Signature) Date: 10/18/01 STATE OF: ~lori da COUNTY OF: Sarar,ota PERSONALLY APPEARED BEFORE ME the undersigned authority C. Marshall White who, after first being sworn by me affixed his/her signature (name of individual signing) in the space provided abovE:~ on this 18th day of October .20.....Q,L. ;~ (Signature of Not :"ublic, State of Florida at LEl.r (Print name of Notar)' u PAULETTE JEWELL CQ.I.NS$ION' CC936310 EXI'Ilf$ JUI. 16 2(lO.I ~ III HiWANa CXIMflJIoIY' My Commission Expil~es 1-34 07/03/02 14:28 FAX 3052614017 URS CORPORATION ~036 SECTION M ] I ! j , ] J .J , ,J ] 1 CE,RTIFICATION OF NONSEGREGATED FACILITIES Contract (As Required by Division [II, Section 120 Subsection 120.02 Equal Employment Opportunity Requirements of the Genera[ Provisions) 1 ,--J _I 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 employeei; to pertorm their services at any location, under his control, w~ere segregated facilities are maintained. The federally assisted construction contractor 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 cOI:,trol, 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, timeloGks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, rE!Creatjon 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, 'Jolor, religion, or national origin because of habit, local custom, or any other reason. The feci erally ass isted construction contractor ag rees that (except where he has obtained identical cerUfications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exce!l'~ding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. j 1 ...,; D.L. PORTER CONSTRUCTORS, INC. r .lcmQ,;t Signature of Contractor c. Marshall White Vice President Title J J "< >, '-,..c:. 1-35 J ", 07/03/02 14:28 FAX 3052614017 -, URS CORPORATION 141 037 ] I , 1 , ] .J J , i I I I I I Use the latest public,El.tion or the attached publication dated 03/0212001 if that is the late , list issued for Monroe Cl,)unty. I SECTION N FEDERAL WAGE DECISION , 1 : .J .J J 1 . .J 1 I .,J I :J 1 1 ,~ I j I ,.J J j 1-36 07/03/02 14~28 FAX 3052614017 URS CORPORATION I4l 038 GENERAL DECISION ~010035 03/02/2001 FL35 Date~ March 2, 2(:01 General Decision Number ~010035 Superseded Generc..l Decision No. FL000035 State; Florida Construction TypE~; HIGHWAY County ( ies) : CHARLOTTE DE SOTO GLADES HARDEE H~r:mR,,{ HIGHLANDS MONROE OKEECHOBEE , J .J .J HIGHWAY CONSTRUC~ 'ION PROJECTS (excluding tunnels: Building structures in rest area projects: railroad construction; bas C1..l1e, suspension and sprandrel arch bl-idges designed i.or cormne!rcial navigation; bridges involving marine construction; other major bridges) Modification Num},er o Publication Date 03/02l200l . ] COUNTY (ies) ~ CHARLOTTE DE SOTO GLAD~S MONROE OKEECHOBEE HARDEE HENDRY HIGHLANDS .J 1 J SUFL3001A 08/01/1993 Rates 9.50 12_00 9.34 H_SS 7.45 8.6l Fringes BRICKLAYERS/MASOH CARPENTERS CONCRETE FINISHEHS ELECTRICIANS FENCE ERECTOR FORM SETTER IRONWORKERS: Reinfo:t'cing Structural LABORERS : Asphalt Raker Unskilled PA:tNTERS POWER EQUIPMENT ()PERATORS: Asphalt Distribu':or Asphalt Paving Milchine Asphalt Screed. Backhoe Boom-Auger Bulldozer Crane, Derrick, :)ragline Earthmover Forklift:. 8.01 9.28 8.48 8.92 7.95 10_30 12.56 7.75 7.50 .J -l J 13.83 12.94 7.80 6.69 7.92 .J J J .J 1-37 07/03/02 14:29 FAX 3052614017 j --I Front End Loader~: 1 cu. yard and unoer over 1 Cu. 'Y'arr.:1 Gradall Graderoan Guardrail Erectot Guardrail post Dz iver Mechanic Milling Machine Crade Checker Milling Machine Motor Grader MulChing Machine Oiler, Greaseman Pavement Stripin~: Machine Pavement Stripping Machine N'o:z:zleman Pile Driver piledrive:rmen Power Sub grade M~ .xer Rollers; Finish Rough J J '] Self-prop. Rubblo!r Tire Scraper/Pan Small Tool Operal:or Tract.or, Light Trenching MachiD.I! Widening Spreade:': Machine SIGN ERECTOR TRAFFIC CONTROL ;)PECIALIST TRAFFIC SIGNALIZ.ATION INSTALLER TRAFFIC SIGNALIZATION MECHANIC TRUCr< DRIVERS; Lowboy Multi-Rear Axle Single-Rear AXle ,J u~s CORPORATION ~039 - , 7.91 7.94 9.00 7.16 7.0B 7.50 10,14 7.15 9.00 10.56 7.15 7.73 8.26 7_00 10.50 10.00 7.94 8.41 8.01 8.16 8.11 7.00 7.52 8.12 8.00 7.63 7.50 9.79 13.16 8.11 8,06 7.80 J ---------------.._--~-------------------------------------~------ WELDERS--Receive rate prescribed for craft perfor.ming operation to which welding is incid~ntal. ---------------------------------------------------------------- ..J J Unlisted classifLcations needed for work not included within the scope of the classificaU:)ns listed may bE! added after award only as provided in the labor standa~ds contract clauses (29 CFR 5.5(a) (1) (v))_ I "J -------------------------------------------------------~-------- In the listing above, the .SU" desi!;Jnation means that rates list.ed under that. identifier :~o not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. J ..1 WAGE DETERlfiNATION APPEALS PROCESS 1.) Has cher@ be~ an initial decision in the matter? This can be; * an existing publiShed wage determination * a survey underlying a wage dE!termination J ! 1-38 07/03/02 14:29 FAX 3952~~____. _ UR~ CORPORATION I4J O~O - ( * ~ Wage and Hou~ Division letter se~ting forth a posi~ion on a wage determination matter * a conformance (additional classification and rate) ruling On survey relatecl rnatcers, initial contact, including requests for s1..Untllaries of surveys, should be with the Wage and Hour Regional Office for the area in ~,hich the survey was conducted because those Regional Offices have res~onsibility for the Davis-Bacon survey program. If the response from thjs initial contact is not satisfactory, then the process described in 2.) and 3.J should bE' followed. with regard to ~'Y other matter not yet ripe for the formal process described here, ~"nitial contact should be with the Branch of Construction Wage Determinatic,ns, Write to: .J Branch of C<.tnstruction Wage D@tenninations Wage and Hour Division u, S, Depar1':men t of Labor 200 Constir:l.Ltion Avenue, N. W. Washington, D. C. 20210 2.) If the answe:~ to the question in 1.) is yes, then an interested party (those affected I,y the action) can request review and reconsideration from the wage and Hour Adminiscrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: '1 Wage ~ld Hour Administrator u. S. Dl,~partment of Labor 200 Constitution Avenue, N. W. washinl,l'toTI, D. c. 20210 The request should be accompanied by a full statement of the interested party's position and by any infor.mation (wage payment data, project d@scription, are,~ practice material, etc:.) that the requestor considers relevant to the .Lssue, ,J 3.) If the decisLon of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (fo.nnerly the Wage Appeals Board)_ Write to: I I J Adminj,:~t:r:at:i.ve Review Board 0". S. "epartment of Labor 200 CO,:J.stitution Avenue, N. W. Washin'J'ton, D. C. 20210 1 .' 4.) All decision5 by the Administrative Review Board are final. END OF GENERAL DECISION I -' . j ,..J 1-39 07/03/02 14:29 FAX 3052614017 URS CORPORATION ._ ,,14J oy , 1 I ) SECTION 0 CERTIFl.CATION REGARDING DEBARTMENT, SUSPENSION, INELlGIBiUTY, AND VOLUNTARY EXCLUSION - 49 CFR PARr 29 (Yersion 1. 5/90) ! I , J The bidder/offerorcertifies, by submission ofthis proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debartment, 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 modifi(:ation in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor any lower tier participant is unable to certify to this statement, it sllall attach an explanation to thIs solicitation/proposal. ',- ] , 1 J J J J J I 'I J I ,~ J I , J .J 1-40 ,- - - - - -:...~~ -- -~:, "'-'!"\':-~;""-:!I~ ~':~ . '~ q,r't~gl~,;QPH,i ?-~2 ~~~~j9~i~/ ;"The ~GENER.A[ 'CONTRACTOR c~Namelbelow;~ t'SsCERTIJ.:r E 0 Under the provisions of Chal!ter 4-8 9 Expiration date: AU G 31., . 2002 FS. "",.""." .i ' 'i': , . . .'; , \':~:;;;jt: ;~;:':l":" L DE R,' GARY' AL AN"~'i'i;./,'i';;;;-!:i" o L 'PORTER CONSTRUCTORSINC 6574 PALMER PARK 'C I RCLE SARASOTA' - FL 3~l38 " '. " \ '. ~.!1: DISPLAY AS REQUIRED BY LAW '~:..._1~::'~_r: ,,}~j-;~'- ;;";';; ,Sr-.~.~ :.i:r~\: 'I". ' "~~~,~5.~~~1~~,~-_>:c,..:: CYNTHIA' A. HENnER SECRETARY,; JEB '!:lUSH GOVEIUWR i,;:i'!: ~~"~::~ -"'---.-.--.-. - -.- - -"-'--'-'~'-'---'------'._-- -----.'-t---.-."------ - __.._._"_____.. ;j~"~kt "i;r;rtr~~~'Rt ~i'~,-:.,:.,.~f"~..~.,......,,:,,,!,~.~,.,..:....-:,~~i,~._...i..:.f::.l~:,~,~i !\"~}- . '. · . ,- " 0:: *~~~~~~= ~~~~'&~, ~$~~~ ;:ft~~ t~l~1~i1:{i~-=~'t:l\a:i~~ ~~~~~ OODO,Q OOOO,OOOO.O,OO's';ClO.m; Q'lJQ:o.3Q'104,QO(}€l,O'6ll25 1iOjl!l1; 'r" "ANQ: ZONING: REQ:UlFU:\2MENTS. . ", .. - '-I" .. ~. ~". -:'. _n . . _, .. _, ' ~";"';'. . - ,_. ~- --'-'- - - -.- --. '-,.- ---'- --"-"-- _. -- - - - -'-., - - - -.-'--'----.--- - .-.-.... - -'- ---'- -- - - - --'--- - --, - -..- -- -. -- -- '-- - - -'- CITY OF KEY WEST, FLORIDA Occupational License " A City Occupational License is a business tax. Holder must meet all City zoning and'use provisions. P.O. Box 1409, Key West, Florida 33040 (305)292-8131 Business name Location addr Lic Nbr/Class Issue date Lie Fee Penalty Total ~( """:: :!.:e ,< It '.~~ !:,-' :....:}.... D . L .T::~'1f5;,dqks.'J' gp:~rr0ij~S:f" , \': C . 65 7 4aE~,jtB,~R;R:;r C)i:lt~,:<,., ,:;~::,:> o 2 ~dt.o 3 7'./~?Cb,N:~:RA;C.T.o,R3:':~~,:;;:!:CERT"~'f:NERAL CON'l'RACTOR 8 if 61 0 1:"" 'E'.W ,J:~ ~;;t,~ on &lEi.t~~:. :h~ 9/3 0 10 2 2 6'2~,~ 50, "<- il:, ~;... ,It ~~ T his 1 i c en se~, m us t\'::'.b'e 'p.,rtldmi n:ent.1YX'd i s p It,a y e d . D . L. PO R T ERe ONS TR U c ;~';i~(i~t'~~\,;~:;~,j:~:~:' ",l' 6574 PALMER PARK eIR ~;-:f!:g}:',<:' i!;{ . ,... :"';.:::r:.,0'~'~' GARY ALLEN '~{t;:i,"~ : . v~\1 SARASOTA, FL 34238 .'L;:~..,,; Ctl nbr 4032 /" ~ CONTRACT DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2 SECTION B - THIS SECTION IS NOT INCLUDED .. . . . . . . . . . . . . . . . . . . . . . . . . 11-4 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS .. . . . . . . . . . . . . . . 11-5 SECTION D - CONTRACT............................................. 11-6 11-1 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) Bond No.: ST9412 CONTRACTOR: Name: Address: D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 Phone No. (941) 929-9400 SURETY: Name: Address: Local Address: St. Paul Fire and Marine Insurance Company 600 N. Westshore Blvd., Suite 400 Tampa, FL 33607 (813) 289-4589 Home Office Address: St. Paul Fire and Marine Insurance Company 385 Washington Street St. Paul, MN 55102 (651) 310-7911 Phone No.: OWNER: Name: Address: Monroe County 5100 College Road Key West, FL 33040 OBLIGEE: (If contracting entity is different from the owner, the contracting public entity) Name: -- Address: Bond Amount: $173,324.87 Contract No, (if applicable) Description of Work: Miscellaneous hnprovements Project Location: Key West International Airport, Monroe County, FL Legal Description: FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re-printed thereon, SECTION A PUBl.lC CONSTRUCTION BOND Bond #~ By this Bond, We D.L. Porter Constructors, Inc. I as Principal, whOS~ princ~pal business address Is 6574 Palmer Park Cj,rcle, Sarasota, FL 34238 , as corporation, as SUfEity, are bound to Monroe County hereinafter called cou~ty, in the sum of U.S:' Dollars $ 173,324.87--------- (Minimum 100% of total bid amount) f.or payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. *One Hundred Seventy Three Thousand, Three Hundred Twenty Four and 87/100 Dollars----- THE CONDITION OF THIS BOND is that If Principal: 1 . Performs the contract dated ., ,20~ between Prinoipal and.Qou~ for construction of i eous e e ts located at Key West International Airport , 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 91), 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 attorneys fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contractl then this Bond Is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any cha,nges in or under the Contract Doouments and compliance or non~comp\iance with any formalities. con nected with the Contract orthe changes does not affect Su rety's obligation under this Bond. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Date on dtJ"41. .." 2b~ PRINCIPAL: D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Address: Sarasota, FL 34238 By: e~~* yp.. C. Mars~~ 11-2 SURETY: St. Paul Fire and Marine Insurance Company Address: 600 N. Westshore Blvd., Suite 400 Inquiries: (813) 281-2095 By: } Ki erly A. T vernier, Attorney-In-Fact and Florida Licensed Resident Agent Claims agains this Bond are subject to the notice and time provisions set forth in Section 255.051 Florida Statutes. ' 11-3 .~ lheStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 23245 Certificate No. 12 6 3 2 2 5 Power of Attorney No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint James W. Dunn, David H. Carr, Denise Taylor, James H. Hurst, Barbara N. Clindaniel, Kimberly A. Tavernier and Anert Cardinale Tampa Florida of the City of ' State ' their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute. seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 20th day of March 2002 ~ ~~ United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. @ f-:H~' . ~~e.A~ Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company State of Maryland City of Baltimore THOMAS E, HUIBREGTSE. Assistant Secretary 20th March 2002 On this day of ' before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively. of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers, My Commission expires the 13th day of July. 2002, ~t~.~ In Witness Whereof, I hereunto set my hand and official seal. REBECCA EASLEY-ONOKALA. Notary Public 86203 Rev, 7-2000 Printed in U,S,A. . . This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions, Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved, printed or lithographed, The signature of each of the foregoing officers and the seal of the Compan;~ay be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the. Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company, I, Thomas E, Huibregtse, Assistant Secretary of Seaboard Surety Company. SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I hereunto set my hand this t.t4t day of z. C):> 2.. €)no ~e.A n. f- 1951 ~ Thomas E. Huibregtse, Assistant Secretary To terify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. SECTION B THIS SECTION IS NOT INCLUDED 11-4 SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Miscellaneous Improvements Key West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1 . Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. D.L. PORTER CONSTRUCTORS, INC. Contractor BY: Q.~ Title: v, c....G' eltb--s l \:) ~ 11-5 SECTION 0 CONTRACT TO Miscellaneous Improvements Key West International Airport THIS AGREEMENT made and entered into the day of and between D. L. Porter Constructors, rnc. the Monroe County Board of Commissioners, Key West, Florida, Owner. by Contractor, and WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated 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: Miscellaneous Improvements Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunderwithin 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 specifications or proposal in lawful money of the United States as follows: One Hundred Seventy-Three Thousand Three Hundred Approximately TwentY-Four and 877100------------___________ Dollars ($ 1 73 , 324 . 8 J in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the on the Contractor basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, 11-6 material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the sum of $ 500.00 per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. D.L. Porter Constructors, Inc. IN WITNESS WHEREOF the parties hereto have executed this agreement on tile day afgtdate" first above written in two (2) counterparts, each of which shall, without proof o~c~un5Ag fCF the other counterpart, be deemed an original contract. l.. .} b ~;~ ~ :;g \. t.,,/'l! C") . r' ..." / 1 g2' a ./, :z:.o~, :::n (Monroe County Board of ~:m.ooiss~er~ ;:!J' ~ I...Q ("':)' B .~.~ Vi ~/'-.L:,d,.,'1 " 0 y. .' I l L-OI.. N ::u ....".<,.:::>:;:....,>.:....::...J'I.J~).~. ~- 0 T. 4>':'~~-;:;~ ~:'?t{\;~ ~ 0 :,~}r (<,':\;;\:: ,:: ,,( 't~ s~ (J k- ,.. ~. .', . i \\ \<~;'~\fslA~}J ArT ~! DANNY l. KO " By: . C.Marsha W lte . Title: Vice President President* WITNESS: ~ jJ~ STATE OF FLORIDA I, the undersigned authority, a Notary Public in and for said County and State hereby certify that C. Marshall White whose name as Vice President of D. L. Porter Constructors Is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within A APPROVED AS T FORM 11-7 Gm, BY .R~.'RRT DATE a:..:. instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this 3rd day of Julv , 200L. PAUlETIE JEWEll COMMISSION' CC93631 0 EXP1RfS JUl 16 200A BONDED lHlOUGH RIlINSURANCE CON'Am * Who is authorized by the corporation to execute this contract. 11-8 r r r 11 11 r1 r1 r1 r1 GENERAL PROVISIONS r1 r1 r1 r r1 I DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS ................................ 111-2 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS ........... 111-7 SECTION 30 - AWARD AND EXECUTION OF CONTRACT. . . . . . . . . . . . . . . .. 111-11 SECTION 40 - SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-13 SECTION 50 - CONTROL OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-17 SECTION 60 - CONTROL OF MATERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111-23 SECTION 70 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. . . . .. 111-27 SECTION 80 - PROSECUTION AND PROGRESS . . . . . . . . . . . . . . . . . . . . . . .. 111-35 SECTION 90 - MEASUREMENT AND PAYMENT. . . . . . . . . . . . . . . . . . . . . . . .. 111-42 SECTION 100 - THIS SECTION IS NOT USED . . . . . . . . . . . . . . . . . . . . . . . . . . . III-50 SECTION 110 - THIS SECTION IS NOT USED "' . . . . . . . . . . . . . . . . . . . . . . . . . III-51 SECTION 120 - THIS SECTION IS NOT USED . . . . . . . . . . . . . . . . . . . . . . . . . . . III-52 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ................................. III-53 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS. . . . . . . . . . .. . ... III-54 SECTION 150 - THIS SECTION IS NOT USED ........................... 111-63 II 1-1 DIVISION III - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used forthe unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, 111-2 specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 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. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable forthe acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEOERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 111-3 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words" approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 1 0-25 LABO RA TORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 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. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 'i 0-?8 MAl t=flIALS. Any substance specified for use in the construction of the contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AlP contracts, the term sponsor shall have the same meaning as the term owner. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contra<?tor 111-4 and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 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. 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavcmcntR; navigc.tiional aids; buildings; vaults; and, other man made features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 111-5 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 111-6 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and place for submitting sealed proposals; a description of the proposed work; instructions to bidders as to obtaining proposal forms, plans, and specifications; proposal guaranty required; and the owner's right to reject any and all bids. 20-02 PREQUALlFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential 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. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current" bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit ., evidence of competency" and" evidence of financial responsibility" to the owner at the time of the bid opening. 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: 111-7 A. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual 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 anyway invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS. SPECIFICATIONS. AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furni~hed, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the 111-8 words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and busine$s address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: 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. 8. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. E. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specifiod for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 111-9 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 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. END OF SECTION 20 111-10 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in 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 actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 30 calendar days of the date specified for publicly opening proposals, unless otherwiso s..,ccificd herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner 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. 111-11 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 111-12 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decre~se the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of 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 Laborwhen the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. 111-13 Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contra~tor's equipment and personnel, is the most important considoration. 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 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 to accommodate 111-14 traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or 111-15 C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A, B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A,B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A, the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A, B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established forthe work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40.09 FINAL CLEANING Ue. 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 40 111-16 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. 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 ~L!ppIHmt;!ntal 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 thn 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. For the purpose of this suusection, 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 111-17 finished product equal to or better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION OF CONTRACT. PLANS. AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate he work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on thc work at alltiiTIEls 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 anyone project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. 111-18 The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMA il<?ALL Y 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 product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors cmployed 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 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. 111-19 Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-1 0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form 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 failLlre on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration ofthe 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 111-20 during construction and untilthe work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50~13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. 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. 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 F.nginPHr Ii. ids upon inspection that the unit has been satisfactorily completed in compliance with the (;ontract, 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 Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 111-21 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. 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. END OF SECTION 50 111-22 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATIONS EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER 60-02 SAMPLES. TESTS. AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contrae;tor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM whicll 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 111-23 representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by" brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: 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 manufactu rer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed" or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. 111-24 8. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item, t,he Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 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 lessce'of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 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. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 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. 111-25 Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 111-26 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70--1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS. liCENSES. AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES. MATERIALS. AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 'IO,.(}4 RE~ IO~;ATI()N O~ SURFACES DISTUFlBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: Owner (Utility or Other Facility) Location (See Plan Sheet No.) Person to Contact (Name, Title, Address and Phone) 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 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 111-27 owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY. HEALTH. AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tri/:'lu.'1als hav!ny jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVeNIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular. traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAl NTENANCE 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. 111-28 70-08 BARRICADES. WARNING SIGNS. AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, 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 Activity. 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 light~ shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1 ,000 feet (300 m) of the airport property. 111-29 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible forthe 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 nonexecution 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. 70-11 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 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 LInder 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 pu rpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 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 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. 70-13 OPE::NING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such" phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of 111-30 the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: 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 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. 70-14 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 P I\RTI/\L 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 nonexecution 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 thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, 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, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 111-31 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. 111-32 Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 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. 7Q-1J~ .NO Wi\iVEk OF i:..EG^L F:K3I:TS. 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 estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 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, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 111-33 70-20 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 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. END OF SECTION 70 111-34 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 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. 80-03 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 ofthe project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. ,For AlP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and 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 111-35 (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications orto obey instructions shall be cause for suspension of the Contractor's operations in the AI R 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 80-05 CHARACTER OF WORKERS. METHODS. AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met 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. 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 111-36 of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 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. 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 Engineerwill forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the 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. 80-07 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: CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included 111-37 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. 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 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. 8. 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 111-38 to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. 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. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and 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. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the" Notice to Proceed," or 111-39 B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the 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 thework out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducteq 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. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is p'revented fr:omproceeding , 111-40 with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 111-41 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. I n 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 pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term" ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point 111-42 of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timberwill 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. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, 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. 111-43 Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales II 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 II 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. 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. When the II 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 111-44 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 contractitems are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENI...fOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engine~r 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 nonperform 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 tothe reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actuRI 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 the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be 111-45 indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. 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. 90-06 PA8..TIAL PA '(~ENTS. Pal1ial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the C;;ontractor's option) in the subsection titled PAYMENT OF . WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF W ITHH ELD FU NOS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the 'Engineer may, at his/her 111-46 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. . 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of slIch stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended 111-47 to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final 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 111-48 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 90 111-49 SECTION 100 THIS SECTION IS NOT USED III-50 SECTION 110 THIS SECTION IS NOT USED III-51 SECTION 120 THIS SECTION IS NOT USED III-52 SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2C "Operational Safety of Airports with Emphasis on Safety During Construction". END OF SECTION 130 III-53 SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform 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. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed bylaw. III-54 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insureds" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation Statutory Limits WC1 Employer's Liability $100,000/$500,000/$100,000 WC2 X Employer's Liability $500,000/$500,000/$500,000 WC3 Employer's Liability $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 coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage R . d L eOUlre imits: 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 " I-55 GL3 X $ 500,000/person; $1 ,OOO,OOO/occurrence $ 100,000 property damage or $1,000,000 combined single limit R . d Edt equlre n orsemen: GLXCU X Underground, Explosion & Collapse (XCU) GLLlQ 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 R . d L' 't equlre ImIS: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1 ,OOO,OOO/occurrence $ 100,000 property damage or -- $1,000,000 combined single limit --- - - - ----- ".- BR1 Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max, value of anyone shipment PR01 Professional Liability $250,000/occurrence PR02 $500,000/occurrence PR03 $1,000,000/occurrence POL1 Pollution Liability $500,000/occurrence POL2 $1,000,000/occurrence POL3 $5,000,000/occurrence ED1 Employee $10,000 1--- ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) MISCELLANEOUS COVERAGES III-56 GK2 Keepers $500,000 ($100,OOO/vehicle) GK3 $1,000,000 ($250,OOO/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) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) -- BLL Bailee Liability Max. value of property HKL1 Hangarkeepers' Liability $300,000 HKL2 $500,000 HKL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 AIR2 $1,000,000 AIR3 $1,000,000 AE01 Architects' Errors & Omissions $250,000/occurrence/$500,OOO Agg. AE02 $500,000/occurrence/$1 ,000,000 Agg. AE03 $1 ,000,OOO/occurrence/$3,OOO,OOO Agg. - -- 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: Liability policies are Occurrence Claims Made Insurance Agency Signature III-57 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 III-58 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 500,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, policy limits $ 500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1 as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida Department of Labor as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor shall be required to ~ubmit a Letter of AuthorizFl.tion issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor will be required to submit updated financial statements from the fund upon request from the County. " I-59 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage 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 $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-60 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain 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 $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 111-61 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves either underground exposures, explosive activities orthe possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage fortheXCU (explosion, collapse and underground) exposures with limits of liability equal to those of the General Liability Insurance Policy. 111-62 SECTION 150 THIS SECTION IS NOT USED 111-63 CONTRACT DOCUMENTS MISCELLANEOUS IMPROVEMENTS KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA PFC Application No.5 URS Contract No.: C500004059.11 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MR. GEORGE NEUGENT, DISTRICT 2 MS. NORA WilliAMS, DISTRICT 4 MR. CHARLES "SONNY" MCCOY, DISTRICT 3 MS. MURRAY NELSON, DISTRICT 5 MS. DIXIE SPEHAR, DISTRICT 1 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URS CORPORATION AUGUST, 2001 VOLUME 2 OF 2 CONTRACT DOCUMENTS MISCELLANEOUS IMPROVEMENTS KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA PFC Application No. 5 URS Contract No.: C500004059.11 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MR. GEORGE NEUGENT, DISTRICT 2 MS. NORA WilLIAMS, DISTRICT 4 MR. CHARLES "SONNY" MCCOY, DISTRICT 3 MS. MURRAY NELSON, DISTRICT 5 MS. DIXIE SPEHAR, DISTRICT 1 MAYOR MAYOR PROTEM MEMBER MEMBER MEMBER Prepared by: URS CORPORATION AUGUST, 2001 VOLUME 2 OF 2 KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA CONTRACT DOCUMENTS FOR MISCELLANEOUS IMPROVEMENTS PFC Application No. 5 URS Contract No.: C500004059.11 Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Prepared by: URS CORPORATION AUGUST, 2001 VOLUME 2 OF 2 TABLE OF CONTENTS VOLUME I D IVISI ON I ........................................................................... BI D DOCUMENTS D IVI S ION II.. ...... ..... ..... ... ........ ........ ............. ............. ...... ......... ...... CONTRACT DIVISION III............................................................... GENERAL PROVIS IONS VOLUME II DIVISION IV ................................................................. SPECIAL PROVISIONS DIVISION V...................................................... TECHN ICAL SPECI FICA TIONS SPECIAL PROVISIONS DIVISION IV SPECIAL PROVISIONS SP-1 PROJECT GENERAL REQUIREMENTS ..............................................IV-2 SP-2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING ...............................................IV-22 SP-3 CONTRACT TIME AND LIQUIDATED DAMAGES .............................IV-26 SP-4 PROTECTION OF AIRPORT CABLES, CONTROLS, NA VAIDS AND WEATHER BUREAU FACILlTIES..............................IV-27 SP-5 THIS SECTION IS NOT USED............................................................IV_29 SP-6 SAFETY AND SECURITY REQUIREMENTS .....................................IV-30 SP-7 LIST OF DRAWINGS ........... .................................................... ........ ...IV -35 SP-8 THIS SECTION IS NOT USED............................................................IV_36 SP-9 TEMPORARY FACiLITIES.......... ........... ................. ............ .............. ..IV-37 SP-10 - THIS SECTION IS NOT USED............................................................IV_42 SP-11 - PRECEDENCE OF DOCUMENTS......................................................IV_43 SP-12 - MONROE COUNTY'S PROCEDURES FOR MONTHLY (PARTIAL) AND FINAL PAY REQUESTS AND RELATED FORMS............................................................................................... .IV-44 IV-1 SPECIAL PROVISION NO.1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Key West International Airport, which is located between Flagler Avenue and South Roosevelt Boulevard, Florida on US Highway NO.1. 2. SCOPE OF WORK. The Contractor shall provide all labor, engineering, materials, supplies, equipment, tools, transportation, surveying, layout and protection to furnish and install storm shutters, complete selective demolition, relocate AlC units, remove existing windows, and install new windows in the Adam Arnold Customs Building and the Terminal Building. Also, the Contractor shall refurbish the entrance and install the new canopy in the Terminal Building. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision NO.2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within ninety (90) calendar days as stipulated in Special Provision Nos 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision NO.7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision NO.4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedures 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 threaded 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). IV-2 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 seventy-two (72) hours in advance with dates and times surveying will be started so a NOT AM can be issued. B. No vehicles or heavy equipment shall be within 200' of the centerline of Runway 9-27 or within 93' of any active taxiway centerline during the time the survey work is being accomplished. C. Only men and "hand tools" will be allowed within 125' of Runway 9-27 centerline, at the turn arounds and T/w's connectors. D. Survey party members shall be equipped with hand-held radios and shall continuously monitor the UNICOM and airline radio frequencies and pull back men and survey equipment to a point 125' from the runway centerline during aircraft operations. E. No survey men or equipment will be allowed on the runway (100' wide) or taxiway (50' wide) pavement during survey work periods unless authorized by the Engineer. F. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existing conditions and the Contract Documents, he shall within seven (7) calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. IV-3 A. Safety: Inasmuch 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. 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. 11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre-construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The Engineer or RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. B. Weekly Coordination and Progress Meetings: The Engineer or 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 preinstallation meetings. The Engineer or RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. IV-4 C. The Engineer or 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 in the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. 15. SCHEDULE OF WORK A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in-place construction. IV-5 16. PROGRESS SCHEDULE. A. 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 completion time criteria. Lack of this information will be cause for rejection of the schedule. 3) Following initial submittal of schedule to and response by the Engineer, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Engineer. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show "as-built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. A. If the Contractor's Monthly Schedule Update reflects, or the Engineer determines, that the Contractor is at least ten percent (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; IV-6 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 Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. IV-7 B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be 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 signs shall depict Contractor's logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to have 6" 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 access point onto the airport. The name "KEY WEST INTERNATIONAL AIRPORT" shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. IV-8 I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedes-trian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 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: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "lunch breaks". 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 Engineer or RPR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the IV-9 Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11 ) Improper shipping or handling 12) Theft IV-10 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and . equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. IV-11 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, . all changes or corrections made by addenda and change orders as they are issued. IV-12 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 prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to informa- tion on work concealed, which would be difficult to identify or IV-13 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 Transparencies: In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of corrected transparencies for 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. c) Copies, Distribution: Upon completion of transparency record drawings, the Engineer shall prepare three blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize each of three copies into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The mark-up 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 mylars and one set of prints, with changes noted thereon, to the Owner. 3) 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 IV-14 substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover "PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and IV-15 reference. Submit to the Engineer for the Owner's records. Categories of requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or PCC concrete pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of 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 IV-16 Contract Sum. d) Advise the Owner of pending insurance change-over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. h) Complete start-up testing of systems, and instructions of Owner's operating-maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial"punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: a. Submit certified copy of the Engineer's final punch list 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. IV-17 b. Complete final cleaning up requirements, including touch-up of marred surfaces. c. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re-inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2) week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of reinspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all materialmen and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all materialmen and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 IV-18 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. j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. m) Submit actual DBE participation percentages. 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. IV-19 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 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 with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operationing and maintenance instructions. 26. FINAL CLEANING. A. ,Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal"clean" condition. B. Removal of Protection: Remove temporary protection devices and IV-20 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. IV-21 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: 1. Notice to Proceed (Permits) A Notice to Proceed will be issued ten (10) days after award of contract, for the Contractor to pursue obtaining the necessary permits. This Notice to Proceed shall allow the Contractor to obtain any necessary construction permits which will be required to accomplish the work. Also, during this notice, the Contractor shall order and deliver materials, equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during this time. 2. Notice to Proceed (Construction) Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed 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. This Notice to Proceed shall include 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 included in this stage. IV-22 WORK SeQUENCING The work included in this Contract shall be accomplished in accordance with, but not limited to, the following work sequencing: Notice to Proceed (Permit): 1. Obtain permits as required for construction. 2. Prepare and transmit all required 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. Notice to Proceed (Construction): 1 . Construction Seauence This sequence shall include 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. Construction work under this project will be accomplished during day and nightime. The construction work included in this project has to be done as follows: Work to be Performed 1. The Contractor shall give the Engineer 48 hours advanced written notice prior to starting work in any area. 2. Information shown on the drawings of existing utilities has been prepared from the most reliable data available. However, it shall be the responsibility of the contractor to determine the location, character and depth of any existing utilities, at no additional cost to the owner. 3. . Extreme caution shall be exercised to prevent damage to existing utilities. Repairs to existing utilities necessitated because of damage caused by contractor's activities shall be at the expense of the contractor. IV-23 4. Construction shall be performed in such a manner as to provide a minimum of inconvenience to the residents of the area. At no time shall roadways be blocked without providing a well marked and easily accessible alternative route. 5. Signs and markings shall be provided in accordance with the Florida Department of Transportation. Contractor shall submit to the owner a MOT plan that shows the scheme that is intended for use on this site. 6. Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. 7. Contractor shall furnish and install storm shutters, complete selective demolition, relocate Ale units, remove existing windows, and install new windows in the Adam Arnold Customs Building and the Terminal Building. 8. Contractor shall apply in the Terminal Building entrance a base coat of sure-crete or equal system, texture with an acrylic cementious coating, and paint with a concrete stain color. Prior to sectional work, approval from Airport Manager will be required. This work will require alternate hours; during hours of airport closure (midnight to 6:00 a.m.). 9. Contractor shall furnish and install the canopy and related components in the Terminal Building. 10. Upon completion of the work, and before acceptance and final payment will be made, the contractor shall remove from the right of way and adjacent property all falsework, equipment, surplus and discarded materials, rubbish, and temporary structures shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and shall leave the waterways unobstructed and the roadway in a neat and presentable condition throughout en entire length of the work under contract. The contractor shall have a total of ninety (90) consecutive calendar days from the issuances of the Notice-to-Proceed (Construction) to complete all work associated with this project. IV-24 PAYMENT No separate payment shall be made for the work included in this Special Provision. The costs of all labor, equipment, materials and supplies associated with the work stipulated in this section shall be incidental to the project. IV-25 SPECIAL PROVISION NO.3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO CONTRACT TIME DESCRIPTION TO PROCEED COMPLETE This Notice shall allow the Contractor to obtain any necessary construction permits which will be required to NOTICE TO accomplish the work. Also, during this time, the PROCEED Contractor shall order and deliver materials, equipment A.S.A.P. (PERMITS) and supplies needed to complete the work. No on-site construction activities shall be accomplished and the Airport shall remain open to aircraft operations during this notice. NOTICE TO This Notice shall include all the construction activities PROCEED necessary to complete the work In accordance with the 90 Calendar Days (CONSTRUCTION) contract documents. Ninety (90) calendar days will be allowed to complete the work. TOTAL CONTRACT TIME: Schematic Construction Scheduling and Staging are included in the pians with Maximum 90 the work and operational constraints for Informal purposes only. They are Calendar Days intended to represent viable construction sequence which the contractor may elect to implement The contractor shall ultimately be responsible for submittal an detailed construction schedule to the AlE for review and approval. LIQUIDATED DAMAGES If the work is not completed within ninety (90) Calendar Days, 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 Notice to Proceed (Permit) None (no on-site construction) activity is being accomplished during this time. Notice to Proceed After 90 Calendar'Days - $500.00 per day IV-26 SPECIAL PROVISION NO.4 PROTECTION OF AIRPORT CABLES. CONTROLS. NA V AIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAIOS including, without limitation, airfield lighting systems, electric cables and controls relating to such NA V AIOS and facilities. Such NA V AIOS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAJOS 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 NAVAIOS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIOS and other facilities and cables by this contractor at all times. O. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NA V AIOS 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 proposed to make to any FAA NAVAIOS 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. Should the repair require IV-27 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/NA V AIDS systems operational during scheduled aircraft operation periods. IV-28 SPECIAL PROVISION NO.5 THIS SECTION IS NOT USED IV-29 SPECIAL PROVISION NO.6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction Sequencing. All construction being accomplished under this contract shall be in accordance with the sequencing indicated on the drawings. B. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two-way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow 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 Activitv and Aircraft Movements. During the time that the Contractor is performing the work under this project, 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, materialmen 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 IV-30 until the runway and taxiways are no longer required for use by aircraft. 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 above the vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard color being l' 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 and of such intensity to conform to local codes for maintenance and emergency vehicles. 2) All Contractor vehicles that are required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the Airport. The flagman shall remain with his vehicle at all times. All aircraft traffic on runways, taxiways and aprons shall have priority over Contractor's traffic. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the Airport Director to enable necessary "Notices to Airman" (NOT AM) or advisories to airport service or tenants. A minimum of 48 hours' notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 200' of an active runway centerline or 94' from an active taxiway centerline or open excavations in excess of three inches (3") deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Director. 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. 7) Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by IV-31 approved light units during hours of visibility and darkness. 8) The Contractor must provide his authorized personnel with radios operating on the local Air Traffic Control Tower's ground control frequency of 122.95 for clearance when crossing active runways or taxiways. 9) 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 8" x 8" timber, "low-silhouette" type barricades with battery operated yellow 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 approximately 20' on centers. Barricades to be sandbagged as necessary to prevent being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. 10) During runway closures, the Contractor shall provide temporary runway closure markers on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise approved by the Engineer. 11) Equipment and materials shall not be left on or within 500' from active runway centerlines and 94' from active taxiway centerline after work operations are ceased each work shift. 12) 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. 13) 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. 14) Open trenches, excavation and stockpiled material will not be allowed within 200' of centerline of active runways or within 94' of . active taxiways. 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. IV-32 15) 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 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 A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his "Contractor Security Officer" (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the 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 IV-33 personnel. F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The CSO shall maintain a current list of companies authorized to enter and conduct work on the airport. Employee personal vehicles shall be parked in designated areas. These vehicles shall not enter the airfield at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. G. Identification - Personnel. The Contractor's onsite personnel shall be badged with ID badges provided by the Contractor. The Contractor shall provide to the manager or Director a five-year employee history verification on all supervisors. All supervisors shall be required to attend an orientation training seminar presented by Airport Management personnel. All other non-supervisory personnel of the Contractor and his subcontractors shall be issued construction work security badges supplied by the Contractor. The Contractor shall maintain a master list of personnel issued badges and it shall be available for examination during construction hours. All personnel shall wear the badges on their outermost garment at all times while in the air operations area. Responsibility for supply issuance, and control of identification badges shall be that of the Contractor. H. Manaqer or Director. The work on the Key West International Airport shall be under the direction of the Airport Manager or his authorized agent(s). I. Contractor shall maintain security at all times during construction. J. 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. IV-34 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: Sheet No. Description Cover Sheet Sheet 1 Adam Arnold Customs Building - North/South Side Elevations (Storm Shutters) Sheet 2 Adam Arnold Customs Building - East/West Side Elevations (Storm Shutters) Sheet 3 Terminal Building - Lower Level- North/South Side Elevations (Storm Shutters) Sheet 4 Terminal Building - Upper Level- North/South Side Elevations (Storm Shutters) Sheet 5 Terminal Building - Upper Level- East/West Side Elevations (Storm Shutters) Sheet 6 Terminal Building - Upper Level - North/South Side Elevations (Selective Demolition) Sheet 7 Terminal Building - Upper Level- East/West Side Elevations (Selective Demolition) Sheet 8 Terminal Building Refurbish Entrance/Boarding Walkway Sheet 9 Terminal Building New Canopy Sheet 10 Terminal Building Canopy Details IV-35 SPECIAL PROVISION NO.8 THIS SECTION IS NOT USED IV-36 SPECIAL PROVISION NO.9 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conseNes 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. F. Fire Protection: In addition to temporary water seNice for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Review exposure to possible environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, . excessive noise and similar problems). IV-37 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, 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. IV-38 4. TEMPORARY CONSTRUCTION FACILITIES A. De-watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. B. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Drinking Water: Provide either pipe-connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. 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. IV-39 B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workmens' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING. STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the plans shall be used to house the Contractor's and Resident Project Representative's Inspector's offices and to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. Additionally, the perimeter of any staging area which abuts an active operation pavement shall be marked with yellow 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. 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. IV-40 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 mayor may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the 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 Iimerock, will 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 directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered incidental to the project. IV-41 SPECIAL PROVISION NO. 10 THIS SECTION IS NOT USED IV-42 SPECIAL PROVISION NO. 11 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division I)(including any and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) IV-43 SPECIAL PROVISION NO. 12 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 "MEASUREMENT AND PAYMENT' and in Special Provision NO.1 "PROJECT GENERAL REQUIREMENTS" Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests shall be submitted in one (1) original and one (1) copy (to the Engineer) unless otherwise instructed by the Engineer. IV-44 t- Z w ::E >- CI: A. a= o LL. Z o t::> Cl:c: ~<( ...~ A.~ A.::::l crcn ~ E :J en U ~ 'E o o tlj c:: :2> o o z c:: .Q iii .2 C. 0. <( Qi "0 o Q) Cl c:: l'O .r:. o "0 Q) > o ... 0. 0. <( >. CD CIl Cl c:: l'O .r:. o Cii z l'O :g o u: >. 'E :J o o CIl e c:: o ::E o I- iri iii o o l- E :J en U ~ 'E o o ... o U l'O ... 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ORDER '_.~~_.. .- .- .--. ,-.- AlA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER o o o o o ..::.;-...=- ~_.._._..;.......:.~ ",- PROJECT: (name, address) CHANGE ORDER NUMBER: DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: CONTRACT FOR: TO CONTRACTOR: (name, address) The ComC2ct is changed as follows: Not valid until signed by the Owner, ArchItect and Contractor. The original (Contr.lCt Sum)(Guar:mteed M2ximum Price) W2S . . . . . . . . . . . . . . . . . . . . . . . . S Net clunge by previously authorized Ol2ngeOrders ...............................S The (Contr.lCt Sum)(Guar:mteed Maximum Price) prior to this Change Order was. . . . . . . . . . S The (Contr2Ct Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of ............................s The new (Contract Sum) (Guaranteed M2ximum Price) including this Ol2ngeOrcler will be .. S The Contract Time will be (incre2Sed) (dem:ased) (unch:mged) by The date of Substantial Completion as of the date of this Change Order therefore is ) da~'S. NOTE: Thi~ SUIllI1l:U)' does nor reftect changes in rhc CAlfIlraCt Sum. UlfIlract Tinle or GU:lf'2luc:ed M:I:<imum Price \\-hich /1a\'c ht.-en :IurhnrizL'd hy UIn.<;(ruction Ol:Inge Dirc:ah'c. ARC-ti/TECT CONTRACTOR OWNER Addrcs.~ Address Addccss BY BY BY DATE ~ DATE DATE ~ _-:. _"J :.\U7:C.'.~: .. ~'''; '::juJd JiS:1 ~n ~:":::nsl )d,~ ~CC:..;m2!1! -;vhich has this :::ution -:T!:1:::C I.': . :-..":... ~~ ';:-i~::-~l ~.::.:,;:-;.: .:u,i chan'}c: ':Iii! .:=: ':~ cosc:.:r:G::'5 :nay Occur when ccc:..:m2r::: ::::: '~'::;':::':'::?''':. AlA DOaJMENT G701 . CHANGE ORDER . 19117 EDITION . AJA. . ~1987 . THE AMERICAN INSTITLTE OF ARCtfITECT:;. I7:\S NEW YORK AVE... N.W.. WASHINGTON, D.C. ..!(J(J(Ic, G701-1987 WARNING: Unlicensed photocopying violates u.s. copyright laws and is subject to'Jegat prosecution. '-'1.-1..... ''''r'..~-...-. .. SUBSTANTIAL COMP~t~4;ON AlA DOCUMENT G704 ARCIIITECT CONTRACTOR FIELD OTHER .. :"U D. o o (I nstrt\Ct ions on revc:rse side) PROJECT: PROJECT NO.: (Xttlll.. tlIllt lIlttlfT'SS) CONTRACT FOR: CONTRACT DATE: TO OWNER: TO CONTRACTOR:. (.\'tll/II! ((/Ilt ntfctfT'SS) (.villI/I! lIlllt tltltll'I!SS) DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The ~rk performed under this Conlr:lCl h2S been re\'iewed and found. to the ArchiteCl's best kno",'ledge. informadon :1Od belief. to be subst2ntially complete..Subst2nti21 Completion is the sage in the progress of the Work when the Work or deslgn:lted portion thereof is sufficiently complete in accord2ncc with the Comr:act Documents so the Owner on occupy or utilIze the \Vork for its imended use. The date of"Subscmtial Completion of the Project or ponlon thereof deslgn:lted abO\'\: is hereby est:lblished :1S which is also the date of commencemem of applioble W:Ur:lOties required by the CommCl Documents. except :1S sClted below: A list of items to be completed or corrected is 2u2ched hereto. The failure to include :my items on such list does not alter the respon- sihility of the Contr:lClOr to complete all Work in accord:lnce with the COOlr:lCt Documents. ARCHITECT BY DATE The COOlr:lCtor will complete or correct the Work on the list of items :ltt:lched heceto within the abo\'e d2te of Subst:lntial Completion. days from CONTRACTOR BY DATE , The Owner 2cCeptS the: Work or design:ued portion thereof:lS subsClnti:1l1y complete and will assume full possession thereof at (time) on (date). O\1C'NER BY DATE The respon:,ibillties of the Owner 2nd the Comr:lctor for security. maiOlenance. heat. utilities. d:tOlage to the: ''''ark and insul':lnce shall he: :I.S follo""5: (.\'utt'-Ol{'IIl!r's {lIIcl ClllUradl1r's ll!Ral alld /m:IITallet! (,(JllIIst!1 sbmlld dt!tt!Tmlm' allc' t'r!rift/(" illSllmllct! rt.'1/IIit'r!IIIt!IIIS {/II11 ("",,'TtlRt!.) ----1 :.:'\';:-:'::': ....J... . -....... ., ~:._.J . - - ....-..-- ... .." ,;i.;';. :::::... '-::0: ..~-:t "=:-:::: ::;; " ... - .... .. .. ---- J~~. --~,,~: AlA OOCltMENT G704 . CI(JOlFlC-\TE OF St.II:-T,\="TI.\1. C()~II'I.E"IO:-; . ..,.,! E1>J110:-; . ."IA~ . ~tt"J! . nil, .UIFJIIC\=" 1=,,:-T11'.Tf. Of .-\",<:!IITI,(:TI'. '-.':; "E\~. YIlK" .\\'1,:"1'1:. :-;.\~._ \~:""III:-;(;"Il=". n.t: .!IU~'.:;!'J! WARNING: Unlicensed photocopying violates U.S. copyright laws and wiD subject Ihe YiolalM to legal prosecution. IV-46 G704-1992 ~~~.. -~-~...;.~.;.... .- -:-.""!,,,,-,.~-' .- -... - ..--....--... _. -----. ::-:.~:.:~ -'~".~."';...!-_.. ~_:~~-- Contractor's Affidavit of Payment of Debts and Claims OWNER ARCHITECT CONTRACTOR SURElY 01HER [ ] [ ] [ ] [ ] [ ] AlA Document G70G - Electronic Format nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WIlH AN ATTORNEY IS ENCOURAGED WIlH RESPECT TO ITS COMPLEllON OR MODIFICATION. AU1HENTICATION OF nus ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DQCUMENTD401. TO OWNER: (Name and DtltJreu) ARCHITECT'S PROJECT NO.: CONTRACT FOR: PROJECT: (Name and addrus) CONTRACT DATED: STATE OF: COUNTY OF: The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished, for all work, labOr, and services performed, and for all known indebtedness" and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for whicl1 the Owner or Owner's property might in any way be held responsible or encumbered. against any property of the Owner arising in any manner out of the performance of the Contract referenced above: EXCEPTIONS: 1. Consent of Surety to Final Payment Whenever Smety is involved, Consent of Surety is required. AlA Document G707, Consent of Surety, may be used for this purpose. Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. SUPPORTING DOCUMENTS ATTACHED HERETO: 3. Contractor's Affidavit of Release of Liens (AlA Document G706A). Indicate attachment [ ] yes [ ] no The following supporting documents should be attacl1ed hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment CONTRACTOR: (Name and oddrus) BY: (Signature oj authorized repruenJatm) 2. Sepamte Releases or Waivers of Liens from (prinIed name and title) AlA DOCUMENT 0706 - CONTRACTOR.'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS- 1994 EDmON - AlA - COPYRIGHT 1994 - TIlE AMERICAN 1NSTlTIJI'E OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocOpying violates U.S. copyright laws and is subject to legal prosecution. This documeat was electronically produced with permission of the AlA and can be reproduced without violation until Cbe date of expiration as noted below. Electronic Format G706 - 1994 User Document G706.CON -11/13/1997. AlA license Number 68235, which expires on 10/31/1998 - Page #1 . :~,.:~~':,~. ::...:. '.~.~~- .~~-'~- ~~.:.---:=.-:.:=..~:... Notary Public: Subscribed and sworn to before me on this date: My Commission Expires: AlA DOCUMENT 0706 - CONTRACTOR.'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS- 1994 EDmON - AlA - COPYRIGHT 1994 - THE AMfJUCAN INS111UIE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W.. W ASJDNGTON D.C 20006-5292_ W ARNlNG; Unlicensed photocopying violltCs U.s. copyrigbt laws _ is subject to legal prosecution. This document was clcccroniC8lly produced with permission of the AlA and can be reproduced without Yiobtioo uatiJ Ibc dale of expiration IS noted below. Electronic Format G706 - 1994 User Document G706.CON -11/13/1997. AJA License Number 68235, which expires on 10/31/1998 - Page #2 -....-. .~;...,....-._._-- - ...-,;..,_.:_:.:...-.~~.-. .~"~ Contractor's Affidavit of Release of Liens AlA Document G706A - Electronic Format OWNER ARCHITECT CONTRACTOR SURETY OllIER [ ] [] [ ] [ ] [ ] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATIORNEY IS ENCOURAGED WI1H RESPECT TO ITS COMPlEIlON OR MODIFICATION. AUIlIENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA . DOCUMENT 0401. " TO OWNER: (Name tmd oddrus) PROJECI': (Name tmd t1ddrus) ARCIDTECTS PROJECT NO.: CONTRACf FOR:. CONTRACf DATED: STATE OF: COUNTY OF: The undersignoo hereby certifies that to the best of the" undersigned's knowledge, information and belief. except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers ofmateria1s and equipment, and all performers of Work. labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above: . EXCEPTIONS: SUPPORTING DOCUMENTS ATfACHED HERETO: CONTRACTOR:' (Name and addrus) 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. BY: ~igrratllrt of authorized repruentalive) (printed rrame and title) Subscribed and sworn to before me on this date: Notary Public: My Commission Expires: AlA DOCUMENT G706A _ CONTRACTOR'S AFFIDAVIT OF RELEASE OF UENS - 1994 EDmON - AlA - COPYRIGHT 1994 - nm AMERICAN INSTI1lJTE OF ARCHITECTS. 1735 NEW YORK. AVENUE N.W., WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocOPying violateS U.s. copyright laws and is subject to IcgaI prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as DOtCd below. Electronic Format G706A - 1994 User Document G706A.CON -11/13/1997. AlA License Number 68235, which expires on 10/31/1998 - Page #1 _'~",,!!-4~_ .......~~-_.-.. . .- ;-.~._--_-:. Consent of Surety to Final Payment AlA Document G707 - Electronic Format OWNER ARCHITECT CONTRACTOR SURElY OTIIER [ ] [] [] [ ] [ ] nus DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AlTORNEY IS ENCOURAGED wrm RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF nus ELECTRONICAllY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. TO OWNER: (NQ1IIe and odtlras) ARCHITECT'S PROJECT NO.: CONTRACT FOR: PROJECT: (NQ1IIe and odtlras) CONTRACT DAlED: In accOroancc WIth the prOVISIOns 01 the l,;Ontraet between the owner ana the l,;OntraCtOr as mOlcateO abOve, the (buerl name and addrus of Surety) , SURETY, on bond of (buerl name and odtlras of ContraCtor) " CONlRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the SlJI'Cty of any of its obligations to (Insert name and odtlras ofOlmu) ,OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety bas hereunto set its band on this date: (Insert In writing the monthjolJowd by the ...me dDte and yeor J (Surety) Attest: (Seal): (SlgrraItIt'e of tIIlIhorl#d repruenlalive) (PrlnJed name and title) AlA DOCUMENT 0107 _ CONTRACTOR'S OONSET OF SUREYT TO fINAL PAYMENT - 1994 EDmON - AlA - OOPYRIGHT 1994 - nIB AMERICAN lNS11TUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C 20006-5292.. WARNING; Unlicensed photocopying violllles U.s. copyright laws and is subject to legal proscadion. This document was electronically produced with pcnnission of the AlA Illd can be reproduced without violation until the date of expiration as DOtccl below. Electronic Format 0707 - 1994 User Document G707.CON - 11/13/1997. PJA License Number 68235, which expires on 10/31/1998 - Page #1 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS Please refer to the Plans. Key West International Airport June 2001 -Ac ►'RD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATEIMM/DD/YY) LPOR-1 12/26/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BOUCHARD-STARCREST ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 STARCREST DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 6 0 9 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLEARWATER FL 33758-6090 Phone:727-447-6481 Fax:727-449-1267 INSURED DL Porter Construction Inc. DL Porter Constructors Inc 6574 Palmer Park Circle Sarasota FL 34237 COVFRAGFS INSURERS AFFORDING COVERAGE INSURER A: FCCI INSURANCE CO INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: POLICY PROECT LOC J PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS AP D(Per y WAVj: N/q YES COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO 7 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 40266 01/01/02 01/01/03 X I TORY LIMITS ER E.L.EACHACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 10 0 0 0 0 0 E.L. DISEASE - POLICY LIMIT $ 10 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Gato Building Renovation 1100 Simonton Street Key West,FL. Certificate holder is also additional insured as respects general liability. fax #305-295-4321. CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION MONROE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN MONROE COUNTY BOARD OF COUNTY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COMMISSIONERS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 5100 COLLEGE ROAD KEY WEST FL 33040 REPRESENTATIVES. ACORD 25-S (7/97) ©ACORD CORPORATION 1988 TE ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID C DA03/2DD/YY) LPOR-1 03/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Atlas Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2063 Main Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3498 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sarasota FL 34230-3498 INSURERS AFFORDING COVERAGE Phone:941-366-8424 Fax:941-951-7557 DL Porter Constructors Inc. DL Porter Contractors Inc 6574 Palmer Park Circle Sarasota FL 34238-2777 COVERAGES INSURER A: Cincinnati Insurance INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FUR I tit PULK;Y rtKIULJIrvuwr+r cv. ivv - . r r,� ---- ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRJ TYPE OF INSURANCE POLICY NUMBER POLICY F IV DATE MM/DDIYY I Y X I ON DATE MM/DD/YY LIMITS A I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR CPP0730645 01/09/02 01/09/03 EACH OCCURRENCE $ 3OO , OOO FIRE DAMAGE (Any one fire) $ 500,000 MED EXP (Any one person) S 10 , 000 PERSONAL S A.DV INJURY $ 300 , OOO GENERAL AGGREGATE $ UNLIMITED rGENI'LGGREGATE PRODUCTS .COMP/OP AGG $600,OOO LIMIT APPLIES PER: LICY PRO- F7 LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPP0730645 APP D BY S BY 01/09/02 ANAGEME f' 01/09/03 COMBINED SINGLE LIMIT I (Ea accident) $ X BODILY INJURY (Per person) $ 100,000 BODILY INJURY (Per accident) $ 3OO , OOO X 7{ PROPERTY DAMAGE (Per accident) $ 5O 000 GARAGE LIABILITY ANY AUTO BffE WAIVER NIA YES AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR CLAIMSMADE DEDUCTIBLE X RETENTION $ -O- CCC4485524 01/09/02 01/09/03 EACH OCCURRENCE $ 5 , 000 , 000 AGGREGATE $ 5,000,000 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY r WLbIAI TORY LIMITS I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Standby Diesel Generator with Building at Key West International Airport, Key West, FL. Monroe County Board of County Commissioners has been added as Additional Insureds. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: UANt. tLLA I IUIV Monroe County Board of County Commissioners 1100 Simonton St. Key West, FL 33040 MONRCO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPfgSENTATIVES. 0 ACORD 2" (7/97) ACORD CORPORATION 1988 8 018 plo, uauj V of `d plol `Allanuaw opwasse Ol L11 m vo Nunn HIO dvoluve IS 990E VOWM d0 00 3OMnSNI 003d1/S mll. 9911.11. om ZLw LOWP"MAD [A13HnS1 0LDVC Id ONVISI HO= 1S MOWS 9999 AVW 3311611H J1Y lsN00 TGmk H9 O 3 [H3wansnOl 0 ON ld IMIA A3H 18 NOJSMXW DOLL MBNONMNWM AJNn00 d0 aHY09 AMI100 30VWM LOWC ld VdNYl OZO 3LS AMSO 1I39dW3 A3NLH(= OWL YaR101d d0 Sf7UM [1N3ov AiaunSl .f t/ .� : say dQ 911IM ld V108Y11Y8 HID MW H3VnVd e199 OM SHOLWHLSN00 H3LHOd 10 CWL 99LL OWC U00 LOLL:PGUPJGO [HOLOVH1NOO 1VH3N3V1 lua6y 'lawaeo -V sawer tv - u6jv;) 4 01 ON VOLHOId 1S3M A3H IWLL H3MVHa 0 d ON sLOnOHd 30HONOO 3OHNOW : W N I -A IUMMOl SO gSZ '9bZ ElL `£Z £fL salnlelS epuo13 ui paq!josap se saouanbasuoo asaanpe aney /yew Adoo palsanbai aql 4siuin; of a.ml!ea -slsoo Adoo aol Ajiliglsuodsaj to lu9w6palnnouNl0e gl!^^ 'apew Agajaq si (s)puoq aq} to Adoo e aol lsenbaa -(s)puoo Bons Aue lsulebe wlelo a�ew of uollualul 10 aollou Aieuiwilajd agl se 9AJ96 Ilegs aollou slgl '}oafoid slgl aol slslxe puoq luewAed a 11 Wm up jo uonostoad iotoaqu jot puoq soo oL WM as PKLanPuo «LL uoiaeinbaa leuoissaloid pue sseulsne to luawliedaa ep!ao13 a41 ao Aeuiolle ue 6ulloeluoo Aq aollou s141 to bulueaw aql pue 'salnlelS epuo13 'I lied '£IL aalde40 'nne� uoig uollonjlsuo0 a41 lnoge aaow NHV3� -pled uaaq aney aaunnO of aolloN a buiXIddns asogl Ile ssalun Aliadoid jnoA lsulebe uail a ui llnsaj Aew aaunnO of aolloN slgl legl 3ZINJ003H J13sNnoA 1031ONd g�fl3 NI HOiOV2i1N00 2fn01. alVd 3AVH no,k 31 N3n3 'luawAed aol Aliadoid anon( of Tool stew Aouow pamo aae ognn aldood agl 'sluawAed paainbai Alle6al aaglo a�ew of s13916au jo sjaliddns leualew ao sioloeiluoogns Aed of sl!el joloeiluoo jnoA 11 -uail uollonalsuoo e se unnouN si wlelo slgl -Aliadoid mop( lsuiebe luawked jol wlelo alagl eoaolua of lg61a a aney pled lou aae pue sleualew ap!noad ao Aliadoid anon( uo �joM ognn aso41 'noel s,eplao13 japun N011331021d unloA 2IOA NOIIVWIIO=INI 1NVINOM1 n nor VaRIOId ME M A33 AVLL MMVHa O d ONI SJ.OnaOHd 313HON00 30HNOW :ol passaippe aq lsnw lun000V to luawalels uaomS jol lsanba�l -pa6palmouNoe sl slsoo Adoo ao1 A1!I!q!suods9,{ -joloeiluoo aql gl!m loeiluoo loanp anon( 10 Adoo e gsluanl aseald (091-£l.L alnlelS epuold of luensind -salnlelS epljol3 90'£lL uolloaS Lpm aouepi000e ui loeiluoo inoA aapun sluawled a� ew of lg6u anon( sloulsai pue 8011oN slgl bo 6ulnIas aql seglaosajd noel epuold 10600 ll3MSVH916 3 :Aq uani6 Jap.10 ue Japun M11=90 aNOe "m AJNnoo 3OHNOW Ni aNV1 d0 HOd IMM A33111 'IMOdHIV 1LVWaMi M A3H JZ-6AVMNnu1UOdHIVJ.S3MA3H :SH n&aWWtW4 to 4uaulanoidwi Joj :smopo4 se slepajew Jo sepwas Bull sluJnj si Jo paysiuJnj sell 3! jell; nog( sw jo}ui Agejall pouBisaapun aLll aH:S d3:H OWL solOL/50:31Ya OENOIISaI autWMLY9 II U Mrt#OM OPM ld IS3M A3H J.S NOJNORIIS OOLL SH3NOISSIMMOO :H3NMO AJNnoo d0 aHV09 AJNnoo 3OHNOW :OLL __:__ __ — - - -- -- - - - -- - - - - - `SOSlhllidll1 W W -00 SliXKNMd '3L3NON09 ROWOOR iouaro►aiNOO anoA AVd noA 3WLL Aa3A3 sn wom 3sd373a NRUMM V NroJ. O "M noA ` omu muvd aw N3n V a10AV o L '3OINu. miAvd anaA aNV Amadoad anoA 1SNItl'Jro► N3n V NI 1insm AVW arod 3w 3M Lwu Sans mm 013an11Vd anOA `Mv1 va1a01d a3aNn -nnd NI i.N3WAVd 3mw 3AVN nOA :11 N3A3 Ala3dOad anOA 1SNIVJV SN311 311:1 OL Sa311ddns 1VIa31VW aNV `SH=Va1NO38ns `SaOlOVa1NOO a1VdNn 3WOS SM011V MV1 N311 NOIlOnalSNOO smala0ld !DNINHVM 1SNOO 113MSVd9 J 3 :3a 90/OUZO:3iV0 OZNOWT4169UW:HOidB 2969VL 98 "SS-m warwwusiappnq* v ,kmnpuluopm-)a,po1IomImy 9l££E lA `alepaapne-1 'lj 133110N S33a71ns 'any snnaapuy *S 80L madama® aal}}0 ejeaodao0 dao0 93110N saaplln8 BUILDERS NOTICE CORP - fEg ; r05 PO BOX 457 �'� ' '' _ ;' a FT LAUDERDALE FL 33302-0457 _ y �� ,F1�3 M E l E R 5�aF� 7L— -- -- —�: I� I� U LJ 1 1469621 BATCH:0172891D:MON20 DATE:02/10/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST KEY WEST FL 33040 For Informatlon call (M) 5504M I .loin us at our next Notice m