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Volume 1 of 5 Bidding and Contract Requirements Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Volume 1 of 5 Bidding and Contract Requirements UUM KeyWest International r cart Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. David Rice, District 4 Mayor Mr. Craig Cates, District 1 Mayor Pro-Tem Ms. Michelle Coldiron, District 2 Commissioner Vacant Until Filled, District 3 Commissioner Ms. Holly Raschein, District 5 Commissioner Prepared by: THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, Georgia, 30096 In Association with: The Sun Group, Inc. Jones & Conde, LLC Gallagher Bassett Technical Services March 2022 Key West International Airport Noise Insulation Program Construction of KWBTS- Final Phase TABLE OF CONTENTS -VOLUME 1 of 5 BID & CONTRACT REQUIREMENTS Division I —Bid Documents Division II -Contract Division III -General Provisions Division IV-Special Provisions TABLE OF CONTENTS DIVISION I BID DOCUMENTS DIVISION I BID DOCUMENTS SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS ....................... 1-1 SECTION B - INSTRUCTIONS TO BIDDERS......................................................................... 1-3 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................................................1-14 ATTACHMENT "A" -SCHEDULE OF BID ITEMS.........................................1-18 SECTION D - BID BOND........................................................................................................1-19 SECTION E - DRUG-FREE WORK PLACE ...........................................................................1-20 SECTION F - PRIME BIDDER'S MINIMUM REQUIREMENTS AND STATEMENT OF QUALIFICATIONS ..........................................................................................1-21 SECTION G - DISCLOSURE OF LOBBYING ACTIVITIES....................................................1-37 SECTION H -ACKNOWLEDGMENT OF RECEIPT OF ADDENDA ......................................1-38 SECTION I - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM..............................1-39 SECTION J - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT..........................................................1-40 SECTION K - PUBLIC ENTITY CRIME STATEMENT............................................................1-42 SECTION L - SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ..........................................1-43 SECTION M - CERTIFICATION OF NONSEGREGATED FACILITIES..................................1-44 SECTION N - FEDERAL WAGES DECISION (DAVIS BACON)............................................1-45 SECTION O - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29............1-56 SECTION P - NON-COLLUSION AFFIDAVIT........................................................................1-57 SECTION Q - LIST OF SUBCONTRACTORS AND MANUFACTURERS.............................1-59 SECTION R-VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 1-60 APPENDIX A - ELECTRONIC BID FORM.............................................................................1-62 BID DOCUMENTS Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION A NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Tuesday, April 26, 2022 at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: KEY WEST INTERNATIONAL AIRPORT NOISE INSULATION PROGRAM CONSTRUCTION OF KEY WEST BY THE SEA - FINAL PHASE Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: u ,f.11, o,irii,j, llloll,ii, ,nDii ,, lrm„, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecourrtybi s.co The Public Record is available upon request. A MANDATORY PRE-BID CONFERENCE: will be held on Thursday, March 31, 2022 at 1:00 P.M. via Zoom. No in-person attendance is available. Attendance information will be as detailed in the Contract Documents Volume 1 Section B Instructions to Bidders. In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: ¢ , „I „-„I II„II , ;Irm, �,n,lr � ,2n„!,fir ,fll, q,. , no later than 3:00 P.M. on April 26, 2022. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: KWIA NOISE INSULATION PROGRAM CONSTRUCTION OF KEY WEST BY THE SEA - FINAL PHASE; 04/26/2022 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMI „-„I ,II„III „.(g) ic,)nirc;:(..,,cc)unt fII. ov, in advance of the bid opening, please email: in„i,I III„ Ir ,h , ii,n„g„ ,Irm, ,n,lr �,;k , „n, r ,ill q 2y,so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. BID DOCUMENTS 1-1 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on April 26, 2022. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156 (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) Bid Advertisement Dates: Florida Keys Weekly - March 3, 2022 News-Barometer - March 4, 2022 Key West Citizen - March 9, 2022 Online Posting: www.demandstar.com www.monroecountybids.com. BID DOCUMENTS 1-2 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION B INSTRUCTIONS TO BIDDERS MANDATORY PRE-BID CONFERENCE: A web-based video Pre-Bid Conference will be held on Thursday, March 31, 2022 at 1:00 P.M. via Zoom. No in-person attendance is available. Attendance at the Pre-Bid Conference is mandatory for all Bidders and their Asbestos Abatement Sub-Contractor. Potential Bidders will be required to pre-register with the Key West NIP Project Manager, Steve Vecchi, via email at svecchi(a-)thcinc.net on or before Tuesday, March 29, 2022 at 1:00pm and provide the following contact information for all attendees. 1. Company name, name, phone number and email address of the Bidder's designated representative. 2. Company name, name, phone number and email address of the Bidder's Asbestos Abatement Subcontractor representative. 3. List of questions, if any. A list of all pre-registered Bidders will be included in the presentation. To minimize bandwidth for the video conference, attendance for each Bidder will be limited to the following two (2) individuals: One (1) representative of the Bidder and one (1) representative of his/her Asbestos Abatement Sub-Contractor. Join Zoom Meeting htts://us06web.zoom.us/j/86101882195?pwd=Vm9mU09uNEVnOUdSTdWR1 RyK31Zdz09 Meeting ID: 861 0188 2195 Passcode: KWBTS At the start of the on-line conference meeting, the presenter will take a verbal "roll-call" of attendees, utilizing the pre-registered Bidder contact information. The Bidder's representative and their asbestos abatement representative will be required to remain on-line for the entire duration of the Pre-Bid Conference. During the on-line conference meeting, the Key West NIP Project Manager will review a series of PowerPoint slides that will address specific agenda items. Questions from Bidders will be addressed at the conclusion of each conference agenda section, utilizing either pre-submitted questions or questions raised after the review of the agenda section. In addition to the Key West Project Manager, key NIP Management Team members will also be on the conference call to address questions. At the conclusion of the on-line Pre-Bid Conference, the Key West NIP Project Manager will take a final verbal "roll-call" for all attending potential Bidders and their Asbestos Abatement Representative and provide a time & date for an optional KWBTS site visit. For additional information concerning the Pre-Bid Conference, please contact Steve Vecchi, Noise Insulation Program Project Manager via email at svecchi@thcinc.net. BID DOCUMENTS 1-3 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase All prospective Bidders and their asbestos abatement contractor who will perform the abatement scope of this project are required to attend the on-line Pre-Bid Conference. Failure of representatives of both parties to attend the Pre-Bid Conference will result in disqualification of his/her bid submittal. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. 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 Commissioners. No Bid Bond will be required if the contract amount is less than $150,000.00. 1. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and the Contract Documents and he/she shall investigate and satisfy himself/herself 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. OPTIONAL SITE VISIT: Prospective Bidders will have the opportunity to visit the site Tuesday April 12, 2022 or Wednesday April 13, 2022 between the hours of 9:00 am and 5:00 pm. A request to visit the site must be scheduled in advance via email to: Dale Griffin, NIP Construction Manager (dgriffip thcinc.net). The optional site visit will include a brief walk of the KWBTS complex and grounds and access to several representative KWBTS condominiums. 2. INTERPRETATION, CLARIFICATIONS, AND ADDENDA: 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/she may submit a written request for an interpretation of the proposed documents to the NIP Program Manager THC, Inc. 3300 Breckinridge Blvd. Suite 200, Duluth, Georgia 30096 Email:svecchi@thcinc.net. No oral interpretations will be made to any Bidder/Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received ten (10) calendar days prior to the date fixed for opening of responses will be given consideration. A summary of questions received, and answers provided will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as plan holders prior to the established Response opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt of such addenda in the space provided therefore in the proposal form. In case any respondent fails to acknowledge receipt of such addenda or BID DOCUMENTS 1-4 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase addendum, his/her proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the bid documents and each respondent will be bound by such addenda,whether or not received by the Bidder. It is the responsibility of each respondent to verify that he/she has received all addenda issued before proposals are opened. 3. 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. 4. 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/she proposes to do the work written in ink. The bidder will be responsible for all errors or omissions in his/her Proposal. Each bidder shall sign his/her Proposal correctly in ink. If the Bidder is an individual, his/her 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/she 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 complete all lines in the schedule with figures. Leaving blanks or filling in zeros will result in the bid being considered unresponsive. In the Unit Price Item table, the Bidder shall write in 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. After all extensions are made, the Bidder shall total the extended amounts of the bid items and show his/her total of the extended amounts of the bid items and show his/her total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typed. Any interlineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Bidder will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 5. ADDITIVE BIDS: Where additive bids are provided in the plans and proposal, the Bidder shall enter prices for the additive bid items. Additive bids are work items that Monroe County would like to include in the project depending upon base bid prices and the availability of federal, state, and local funding. BID DOCUMENTS 1-5 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase 6. 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. Proposals may be rejected if the Bidder does not meet the requirements of "Section F. Prime Bidder Minimum Requirements." Monroe County reserves the right to reject any or all bids and to waive technical errors and irregularities in any bid as may be deemed in the best interest of the County. 7. BID PRICE: The price bid shall cover the cost of furnishing of all permits, 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. Bid price shall be valid for 150 days. 8. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless the Bidder is licensed to perform the proposed scope of 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. Bidder shall submit the Statement of Qualifications, consisting of statements that ensure the Bidder and the Asbestos Abatement Contractor meet minimum qualifications. (See General Provisions 20-02 and Section F"Prime Bidder and Asbestos Abatement Sub-Contractor Minimum Qualifications.") 9. AWARD OF CONTRACT: The award of the contract, should it be awarded, will be made by Monroe County to the lowest responsible bidder whose Proposal meets the requirements thereof. The award, if made, will be made within one hundred and fifty (150) 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 Monroe County to the successful bidder at the address stated in his/her Proposal. Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, Whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with BID DOCUMENTS 1-6 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. 10. 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. 11. EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within fifteen (15) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with Monroe County. 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. 12. FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond within fifteen (15) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of Monroe County. At its option, Monroe County may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re-advertise. 13. 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 No. 2 and No. 3 and shall fully complete performance within Two Hundred and Fifty-Eight (258) calendar days of initial Notice to Proceed. If the Contractor does not comply with the contract time, then liquidated damages will apply pursuant to Special Provisions No. 2 and 3. 14. CONTRACT CLOSE-OUT: BID DOCUMENTS 1-7 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Subsequent to the final acceptance of this project by Monroe County, the requirements of Special Provision No. 1, Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 15. BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal (Division I, Section C) B. Schedule of Bid Items (Division I, Section C, Attachment "A") C. Electronic Bid Sheets (Appendix A) D. Bid Bond (Division I, Section D) E. Drug-free Work Place (Division I, Section E) F. Prime Bidder and Asbestos Abatement Sub-Contractor Statement of Qualifications (Division I, Section F) G. Disclosure of Lobbying Activities (Division I, Section G) H. Acknowledgment of Receipt of Addenda (Division I, Section H) I. Disadvantaged Business Enterprise (Division I, Section 1) J. Bidder's Affidavit in Compliance with the Florida Trench Safety Act (Division 1, Section J) K. Public Entity Crime Statement (Division 1, Section K) L. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) (Division 1, Section L) M. Certification of Non-Segregated Facilities (Division 1, Section M) N. Federal Wage Decision (Division 1, Section N) O. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division 1, Section O) P. Bidder's Statement on Insurance (Division 111, Section 140) Q. Non-Collusion Affidavit (Division 1, Section P) R. List of Subcontractors and Manufacturers (Division 1, Section Q) S. Certificate of Buy American Compliance — Manufactured Product (Division 111, Section 170) T. Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions (Division 111, Section 180) U. Contractor's State and Local Licenses and Certifications for Bidder and all subcontractors BID DOCUMENTS 1-8 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase V. Vendor Certification Regarding Scrutinized Companies Lists (Division 1, Section R) W. FAA Buy American Requirements KWBTS Final Phase— Material Content Breakdown (Division III, Section 190) 16. MARKING AND ELECTRONIC BID SUBMITTAL: In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BI DSa-monroecounty-fl.gov, no later than 3:00 P.M. on April 26,2022. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: KWIA NOISE INSULATION PROGRAM CONSTRUCTION OF KEY WEST BY THE SEA - FINAL PHASE; 04/26/2022 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMB-BIDS monroecog -fl.gov, in advance of the bid opening, please email: omb-purchasingmonroecounty-fl.gov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery will result in your bid being rejected. Bids received prior to the time of opening will be securely kept, unopened. Monroe County will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to Monroe County 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. 17. 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. BID DOCUMENTS 1-9 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase 18. BID OPENING: The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on April 26, 2022. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156 (New York) +16699006833„4509326156 (San Jose) Dial by your location: +1 646 518 9805 (New York) +1 669 900 6833 (San Jose) 19. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by any one party, by or in the name of his/her 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. 20. 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/she 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. 21. 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. 22. 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. 23. SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or BID DOCUMENTS 1-10 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase otherwise dispose of any portion of the contract, his/her right, title or interest therein, or his/her power to execute such contract, to any person, firm or corporation without written consent of Monroe County 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/her immediate superintendence and reported on his/her payroll, contract work of a value not less than fifteen percent (15%) of the total contract amount must be performed by the General Contractor. (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 Monroe County for all of the subcontractor's work, including failures or omissions and his/her removal may be required by the Program Manager, as in the case of any employee. 24. PERMITS: The county cautions bidders that the Contractor shall also be responsible for the permit fees of any city, state or federal agency having permitting jurisdiction over the project. The cost of permits shall be included in the bid. 25. 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 Program Manager. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 26. SHOP DRAWINGS: Shop drawings will be reviewed by the Program Manager for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his/her approval prior to submittal to the Program Manager. The Program Manager's review of shop drawings shall not relieve the Contractor from his/her responsibility for any deviations from the requirements of the contract documents. Contractor shall submit five (5) copies of shop drawings to the Program Manager for approval. 27. FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the Bidder shall indicate in his/her bid his/her cost of compliance with the requirements of the Florida Trench Safety Act and shall also complete and properly execute the Bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 28. 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 BID DOCUMENTS 1-11 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase be increased or decreased, and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 29. PROJECT FUNDING: Work included in this project will be paid by funds from Monroe County and the Federal Aviation Administration (FAA). 30. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOALS: For the FY2020-2022, the Key West International Airport has established a triennial race-neutral goal of 23.2% for the utilization of DBEs on all federally-funded contracts. Bidders may meet this goal by being a certified DBE under FUCP or by subcontracting a portion of the work to a DBE certified under FUCP. Any Bidder that is unable to meet this goal will be required to provide documentation of its good faith effort to meet this goal. Examples of good faith efforts are contained in Appendix A to 49 CFR Part 26 (available on-line at: http://www.ecfr.gov). Should a DBE contractor or any subcontractors be used on this contract, the contractor's and/or subcontractor's name, address, type of work performed, and contract and/or subcontract amount shall be reported as part of the project close-out documentation submitted with the information requested in Special Provision No. 1, Section 24, "Project Documentation." 31. 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. 32. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the Federal Aviation Administration that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with FAA funds. The DBE requirements of 49 CFR Part 26, as amended, apply to this Contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. BID DOCUMENTS 1-12 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section I. 33. EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, marital status, familial status, sexual orientation, gender identity, expression or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 34. CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Non-Segregated Facilities as required by Section 160, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section M. BID DOCUMENTS 1-13 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION C PROPOSAL AND SCHEDULE OF BID ITEMS BID TO: Monroe County Purchasing Department ¢��.0 ..B-I II.. : .. 'irm„ knit s k n.:. :::::fll...:..g. y BID FROM: Company Name Mailing Address: Telephone Number: Submitted (Date): The undersigned, as Bidder, hereby declares that he/she has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done; that he/she has examined the plans and specifications for the work and contractual documents relative thereto, and has read all Bid Documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that the Bidder has satisfied himself/herself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Monroe County Board of Commissioners, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to and to complete the construction of: Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Plans, Specifications and Contract Documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents. BID DOCUMENTS 1-14 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase The Contractor shall complete the Schedule of Values included as Attachment "A." The Schedule shall be added, and the final total base bid amount will be: $ Dollars (total Base Bid - words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the Specifications and any details not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. The Bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from Monroe County to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed. The undersigned further agrees that in case of failure on his/her part to execute the said Contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of or a bid bond for the sum of dollars ($ ) made payable to the Monroe County Board of Commissioners. BID DOCUMENTS 1-15 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Add checkmarks to items to indicate they are included: A. _Bid Proposal B. _Schedule of Bid Items (Attachment"A") C. Electronic Bid Sheets D. Bid Bond E. _Drug-Free Workplace form F. Prime Bidder and Asbestos Abatement Sub-Contractor Qualifications: a. Part A— Prime Bidder b. Part B —Asbestos Abatement Subcontractor G. _Disclosure of Lobby Activities H. Acknowledgement of Receipt of Addendum I. Disadvantaged Business Enterprise Program a. List of DBE Subcontractors b. _DBE Utilization Form "Attachment 1," Division III, Section 150 C. _DBE Letter of Intent "Attachment 2," Division III, Section 150 J. _Bidder's Affidavit in Compliance with Florida Trench Safety Act K. _Public Entity Crime Statement L. _Sworn Statement Under Ordinance No. 10-1990, Monroe County, FL M. _Certification of Non-Segregated Facilities N. _Federal Wage Decision O. _Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 49 CFR Part 29 P. Bidder's Statement on Insurance Q. Non-Collusion Affidavit R. List of Subcontractors and Manufacturers S. _Certificate of Buy American Compliance T. _Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions U. _Copy of State and Local Licenses and Certifications for Bidder and Subcontractors V. _Vendor Certification Regarding Scrutinized Companies Lists W. _FAA Buy American Requirements KWBTS Final Phase — Material Content Breakdown BID DOCUMENTS 1-16 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Submitted by: (Company Name) (Signature) (Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-17 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase ATTACHMENT "A" SCHEDULE OF BID ITEMS Complete the Electronic Bid Pricing Sheet(as shown in Appendix A) using numbers(not formulas) and enter the Total Base Bid in figures below. 1. TOTAL BASE BID $ Key West by the Sea Final Phase (KWBTS) — 18 Units Group 1 - Unit Numbers (4 Units): A101, A201, A401, A603, Group 2 - Unit Numbers (14 "Clean Up" Units): KWBTS Building A A208, A605 KWBTS Building B B105, B208, B307, B309, B405, B601, B607, B611 KWBTS Building C C115, C211, C219, C317S Note: Group 2 Units represent alternate units which may be excluded, in part or in whole, from the Contract if the total bid exceeds available FAA project funding. The lowest responsible bid will be based on the Total Base Bid. The contract will be awarded in the amount of the Total Base Bid. Payment for the Work included in the Base Bid shall be made at the contract lump sum price for the proposed work, which price and payment shall be full compensation for furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the Work including Building permit fees. BID DOCUMENTS 1-18 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION D BID BOND 41AM D n 3 01 - 0101 Bid Bond CONTRACTOR: SURETY: (TMt'mtmv,legal vatus and aaeddrvssa ]warrriaa,toganf rtttttrr olialrl plat r arbi Thllsdiooaurheri II 11171poraM II Wirt FM'{Il.,q`et1Bt'es.Conisut L'I lMmnl Whirl OtlMt"PNER:: ahi atti III erlrsnwoeagewy wu lhi (TMt'araler,ivigaf v alas and'aaedr v vss,� respecl to Ilts--craaapiefloaw or 'mcidirroarfffoin,,, .. Any eUrarlturar Ice tr. Conaa=r,Surely,Owner or BiOINIO AI CiUNT`.: other pa My rhiaff be oanslldered ptwral wahere apglzale,. PROJECT. (TMt'araler,fora vora w•address,mud F"uV'wmst rrw=Mi ,Ii"tar v� The Cornaraor and Surety are bomund,to time Ctau?uer in the snmwoeivat sea forth above,for the payment of winch the C o=-&czar and Surery bind therrmsehmss,their heirs,„executars,admrriarisrratars,swrrcessi.and ssriseps,„pomtly and sew,eraHy°,as provided harem.Time conditions of this Baud are such that of the Owner ac cepts die bid of the Contra:tmna laridlriu.'the fame specified in the bud doc tamel,or wtillin smmc h lime:period as,utalr be agreed to by d 3e Owner and Coannactor,and the Contractor either(l)euterl mto a c,aouract lnritla time 10%%me.rin acicordanre wwith the tenanrs ofsdreh, bid,,and gives srmria.baud or bonds as malt be specified,impthe bidding or Cont lirl Llermnerrts,awritla a surety admurted, in the.jurisdnctian of the Project and admemise acceptable to the OmmFT.,RN the 1hiflifal perfhrm.anceof'suc'.h C artaract and,for the prompt:pay mew of labor and mravtterial fmalished m the.;pirosetwaaiau theaeof,or(2)pays to time,owwruer the dfffaeereuce.not to emceed the aosrnmt of this fond,between the aixioulat srpaicified to said bid and such 2argwr amraamrns for winich the Owuer may:ice good fafth contract with another party to perform the work c alseaed by said bid,,than this obligabora shall be uufl androW,,othe,rwise tra remaiu:Ln Rill farce armd effect.The Slmrety,hereby.xwalves any notice of ,an agmemieert between,the O«wwuer and Cowraciir io extend the ftme in w duch,the Clwue,r may accept the bid Waker of malice by time Sureryr shall not apply to any emcaleamsnort eaceedhmig sin ry(00)days in the aggregate beyond time time fear acicepaalce ofbids specified in the bid dncwimefsts,and the 10,Amu,and C:ontrartor shall obtain the Suzety's consent far ,an eatensmon belya nd sixty(W)days If this Bond is m uied in roriuectronwith a sabb,ontracta ,"s bdd to a C,ormtnacton,the term,C"aurrac:tor in thr.Band shall be deemed to be,Srmbconnaraor and the term.Chimer shall,be&wed to be C°outrac:mr.. 'w ben this Nomad I32SL been fuorusrlaad,to conarpiy with a statutory or older legal,regtriremenu in the loc:atiou,of the p'raaject.„ any pffma ion m this Ooud cutafli mct n,g with said statoeary os legal regmamr.emeut shall be deemed deleted herefl atmd, rpr+owmions Mau g,to such starmatr!ry or,other legal regmriremeut shall be deemed imr rpamrated hezemu.TI IRn so, frumished,the itmtent is that this Band shall be consinme,d as a staltdatarry bond and not as a c arwmxA are lawn baud.. Smgaed and sealed this day of �C,6",n"tartor aa5 J°.Il uril ;Smro i'lT,ftraarsw,p' �7'ti�tfwyj� �'f P`,si!uarss,ti' fI'ti�tfwym a^°LIJT1111:)111 uigjiil' aulfdM(uualmulu°,ullgI1iiuwrAllrpl°°.puur(tuall, ;rtpuouMeulf, tp,klI113 Arm) "tl1Rgu1rlrllls aslulr lwilial 1u�m qupatunautuu 111°au III mlmcuuuax6, ImWtl. AIA lauuurrmwd A31!GTM"—mo1a lY 1 gIV..C'cqyrKqlhIV"19£3,93Fh71wd 2010Ibe Thr All rfghk imaaeewr&dl W,i,4fi8UliNfr;?b:rliimiu„dh,TMMl'w'Il uwiupuwauiwriuilL lloa Ilan°w1r-r u4 ii wH I:","UP 1Y a,ig ui„n:Umllul ll"w"wa nil aut lurlrwauru umtlla�runu8 lvmura`i'1G'mma VUuirsrm➢rllua°urP;l uwgsuudl~'%oil4udwwilNmuu ppm,Mrlbw°Iflllvuiu+,INiuH ol,IAlr. dhRMk°111¢ar u,arnrawmrvuul "�dwvww qn+ia vilri uHr"1I11,uau iarmiluH lluu aillive+raw,aa llvIlll a ruanl,ivalmuulluuwll llo!himMU�,dwuoiwH ww111111 Ilrvuw llpu°!nw„uwu',nuu><xwill$au 0hiowa wwrvirwa Or.,iniuuuu iw,nrlPrrnuirU llppumw Plk�rn r uuuaitt6�w�^0mumn�lliw�iem.�Hmn¢two5a,erm mx!e:Wertxnivm 6dw rvenaM#'r�r Y-fd',1r'¢ca9,I�i�.�wA'Po6ra Wgm�iwrmem�.nuhr,m.nrrtnIkFAeMr.'41>•ra6+w�M!crrY7�Pwiull®r.M�uvnr.rts�'h4AM. mm�tlwa,cr D ocurretlli%e- ,all Thin Amedran kmlftA.re aV Ar.hI1lt: V d a,rnunaei,.gyp a sru.arA. ,.o,ww,,�vu uu BID DOCUMENTS 1-19 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: (Name of Business) 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) (Title) (Date) BID DOCUMENTS 1-20 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION F PRIME BIDDER AND ASBESTOS ABATEMENT SUB-CONTRACTOR MINIMUM QUALIFICATIONS Before receiving a recommendation for contract award, the successful prime bidder must show the established minimum experience qualifications in two (2) areas: PART A- Prime Bidder Minimum Qualifications PART B -Asbestos Abatement Sub-Contractor Minimum Qualifications The project requires an extensive scope of work for up to 19 condominium units in three (3) large, occupied condominium buildings: Building A (6-story), Building B (6-story) and Building C (3- story). In addition, this project requires two (2) scopes of work that are required to be performed independently in each of the 19 condominium units: Asbestos Abatement of Exterior Stucco and/or Wall/Ceiling Interior Joint Compound. The abatement of exterior stucco and/or interior wall/ceiling joint compound will be required first in each condominium before the addition of acoustic modification can occur. The abatement requires many tasks (outline in Volume 4) including sealing of furniture, closets, cabinets, construction of interior and exterior containment, abatement of stucco and interiorjoint compound, air monitoring, protective clothing, full-time supervision and unit clearances. Acoustical Modifications Upon the completion and of the asbestos abatement process in each condominium, the addition of acoustical modifications will occur which require several scopes of work components to include, but not limited to: the installation of specialized impact rated acoustical window and door products, wall and ceiling modifications, masonry and mechanical and electrical modifications. . In addition, the Project scope of work will occur in an occupied building, where only a small number of condominiums are receiving the above NIP modifications, all within a security-gated condominium complex with specific site plan limitations. The Bidder must also show excellent business performance and compliance work history. All Bidders shall submit the Statement of Qualifications with their bid (see below section) that will document the experience of the Prime Bidder and his/her Asbestos Abatement Sub-Contractor relative to the above minimum requirements. All stated project experience must be proven and verifiable. The information presented in the Statement of Qualifications will be reviewed by the NIP Management Team and the County and utilized in the determination of the lowest responsive / responsible bidder. The following is a detailed summary of the Prime Bidder and Asbestos Abatement Sub-Contractor Minimum Qualifications. BID DOCUMENTS 1-21 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase PART A: PRIME BIDDER MINIMUM QUALIFICATIONS At the time of bid submittal, the Bidder must be properly licensed by the State of Florida to perform the Work as the "prime contractor'. The proposed work consists of commercial construction and renovation on multiple floors of a multi-story condominium building. In addition, the Bidder must possess the ability to secure 100% performance and 100% payment bonding for the total contract amount. Given project scope and conditions, all Bidders shall submit a Statement of Qualifications (per the required experience categories below) as supplementary information to their bid submittal that will demonstrate his/her ability to successfully complete the including the following: 1. Sound Insulation Project Experience The Bidder must have successfully completed a minimum of two (2) sound insulation projects and a minimum of one (1) sound insulation project involving a larger habitable building(s) (10,000 square feet or greater) such as a school, townhomes, condominiums and/or public building. 2. Construction Renovation Project Experience The Bidder must have successfully completed a minimum of two (2) renovation projects involving a large building(s) (10,000 square feet or greater)with a diverse scope of work. 3. Resumes of On-Site Lead Employees The Bidder must provide resumes showing employment history and project experience for the persons the Bidder proposes to fulfill the following four lead positions for the project: Project Manager; Project Superintendent—Construction and Quality Control and Project Superintendent — Logistics and Planning. The Project Manager and Project Superintendents must be full-time W2 employees of the Bidder and must be on-site throughout the duration of the project. BID DOCUMENTS 1-22 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase PRIME BIDDER'S STATEMENT OF QUALIFICATIONS Complete and attach as part of the Bid Proposal. (Do not leave any section blank) BIDDER INFORMATION Name of Bidder: Authorized Representative Name: Authorized Representative Title: Company Address: Email: Business Phone: Fax Number: Florida Contractor License Type and Number: What type of business entity is the Bidder: (sole proprietorship, corporation, partnerships, limited liability company) How many years has the person or entity has been operating under the same name and providing the construction services similar to those required for this project? How many years has the bidder operated under its present name and any prior names? Additionally, the Bidder must also provide the following information on separate sheets: 1) List all owners, partners or shareholders, members; including the titles and responsibilities of each person listed. 2) A list of recently completed projects that are similar in size and scope to this Project. 3) Copies of all current State and Local Licenses & Certifications for the Bidder and its Subcontractors that are required to properly permit and perform the entire intended scope of work for the Project. 4) Resumes of required key on-site lead employees, (Project Manager, Project BID DOCUMENTS 1-23 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Superintendent—Construction and Quality Control and Project Superintendent—Logistics and Planning). BIDDER CONSTRUCTION PROJECT EXPERIENCE: Sound Insulation Project Experience List details of previously completed projects. Add additional sheets as necessary Sound Insulation Project No. 1 Project Name & Location: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: Sound Insulation Project No. 2: Project Name & Location: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: BID DOCUMENTS 1-24 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Large Building Renovation Project Experience List details of previously completed projects. Add additional sheets as necessary Renovation Project No. 1 Project Name & Location: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: Renovation Project No. 2: Project Name & Location: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: BID DOCUMENTS 1-25 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase PRIME BIDDER BUSINESS PERFORMANCE AND COMPLIANCE 1. How many years has your organization been in business as a construction contracting firm? 2. Please list the gross dollar amount your firm is currently contracted: 3. Please list your firm's available dollars of credit for this project: 4. Has you firm ever refused to sign a contract on your original proposed bid amount? ❑ YES ❑ NO 5. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. 6. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was in default or terminated by the project owner within the last five years? ❑ YES ❑ NO 7. At the time of submitting this qualification form, is your firm ineligible to bid on or be awarded any local, state or federal public works contract, or perform as a subcontractor on any such public works contract? ❑ YES ❑ NO 8. Has the person, a principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. 9. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. 10. At any time in the last five (5) years has your firm been assessed or paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ YES ❑ NO If "YES,"provide further explanation using the amplification statement form, identifying all such projects by owner, owner's address, date of completion of the project, amount of liquidated BID DOCUMENTS 1-26 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 11. In the last five years has your firm or any firm with which your company's owners, officers or partners were associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing any government agency or public works project for any reason? NOTE: "associated with"refers to another construction firm in which an owner, partner or officer of your firm held a similar position. ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. 12 In the last five years has the person, a principal of the entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? ❑ YES ❑ NO If "YES," provide further explanation using the amplification statement form. List the project name(s), date of the claim(s), name of the claimant(s), the court in which the claim was filed, status of claim(s) and a copy of the pleading(s). 13. In the last five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ YES ❑ NO If "YES," provide further explanation using the amplification statement form. List the project name(s), date of the claim(s), name of the entity(s) the claim was filed against, the court in which the claim was filed, status of the claim(s) &copy(s) of the pleading(s). 14.At any time during the last five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. including the amount of each claim, the name and phone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, and if resolved, method by which claim was resolved. 15. Has your firm ever been required to pay either back wages or penalties for your own firm's failure to comply with Federal Davis-Bacon or State prevailing wage requirements? ❑ YES ❑ NO If"YES,"provide further explanation using the amplification statement form. Describe the nature of each violation, identifying the name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages &penalties you were required to pay. 16. Has OSHA(federal and/or state)cited and assessed penalties against your firm for any violations of its safety or health regulations in the last five years? BID DOCUMENTS 1-27 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase ❑ YES ❑ NO If"YES,"provide further explanation and describe each citation in the amplification statement form: 17. Attach evidence of financial responsibility consisting of a statement or report of the Bidder's financial resources and liabilities in accordance with General Provisions Section 20-02 and also include Customer references (minimum of three), including name, current address and current telephone number; Credit references (minimum of three), including name, current address and current telephone number; Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. 18. Whether in the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. ❑ YES ❑ NO BID DOCUMENTS 1-28 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase AMPLIFICATION STATEMENT FORM Use additional pages as necessary BID DOCUMENTS 1-29 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase PRIME BIDDER SIGNATURE OF AUTHORIZED REPRESENTATIVE I, the undersigned, certify and declare under penalty of perjury under the laws of the State of Florida, that the information presented in this Part A - Statement of Qualifications is true and correct. (Company Name) (Signature) (Printed Name and Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/ She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-30 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase PART B: ASBESTOS ABATEMENT MINIMUM QUALIFICATIONS Given project scope and conditions, the Bidder shall provide a Statement of Qualifications of the proposed Asbestos Abatement Sub-Contractor with their bid submittal (per the required experience categories below) showing that the proposed asbestos abatement sub-contractor has the ability to successfully complete the required asbestos abatement scope of work of the Project. 1. Asbestos Abatement Experience: The Asbestos Abatement Sub-contractor shall provide examples of previously completed asbestos abatement projects that include the following asbestos abatement scope of work tasks: • Asbestos abatement of exterior stucco on a large multi-story building (10,000 square feet or greater) that requires sealed containment on and above ground. • Asbestos abatement experience in a large (10,000 square feet or greater) occupied building. • Proof of excellent safety record for all stated asbestos abatement projects. • Proof of all required certifications, licenses and staff training and medical testing requirements, as defined in the asbestos abatement specifications. 2. Resume of Lead Asbestos Abatement Supervisor The Asbestos Abatement Sub-contractor shall provide a resume showing employment history and project experience for proposed Lead Asbestos Abatement Supervisor. The Lead Asbestos Abatement Supervisor shall be a full-time W2 employee of the Asbestos Abatement Contractor. BID DOCUMENTS 1-31 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase ASBESTOS ABATEMENT SUB-CONTRACTOR STATEMENT OF QUALIFICATIONS Complete and attach as part of the Bid Proposal. (Do not leave any section blank.) SECTION I —ASBESTOS ABATEMENT SUB-CONTRACTOR INFORMATION Name of Firm: Authorized Representative Name: Authorized Representative Title: Company Address: Email: Business Phone: Fax Number: Florida Contractor License Type and Number: What type of business entity is the Firm: (sole proprietorship, corporation, partnerships, limited liability company) How many years has the person or entity has been operating under the same name and providing the construction services similar to those required for this project? How many years has the bidder operated under its present name and any prior names? BID DOCUMENTS 1-32 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Additionally, the Asbestos Abatement Sub-Contractor must also provide the following information on separate sheets: 5) List all owners, partners or shareholders, members of the firm including the titles and responsibilities of each person listed. 6) A list of recently completed projects that are similar in size and scope to this Project. 7) Provide copies of all current State and Local Licenses & Certifications for the firm and its employees that are required to properly perform the entire intended scope of work for the Project. 8) List details of all safety violations, citations issued to the firm by regulating authority in the past seven (7) years. 9) Provide resumes of key on-site lead employees (and Lead Asbestos Abatement Supervisor) including specific training courses for asbestos abatement. BID DOCUMENTS 1-33 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Asbestos Abatement Project Experience List details of previously completed projects. Add additional sheets as necessary Asbestos Abatement Project No. 1 Project Name & Location: Prime Contractor: Asbestos Abatement Contractor: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: BID DOCUMENTS 1-34 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Asbestos Abatement Project No. 2 Project Name & Location: Prime Contractor: Asbestos Abatement Contractor: Project Contact Name and Telephone: Detailed Description of Project including date of completion and construction value: BID DOCUMENTS 1-35 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase ASBESTOS ABATEMENT SUBCONTRACTOR SIGNATURE OF AUTHORIZED REPRESENTATIVE I, the undersigned, certify and declare under penalty of perjury under the laws of the State of Florida, that the information presented in this Part B - Statement of Qualifications is true and correct. (Company Name) (Signature) (Printed Name and Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/ She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-36 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION G DISCLOSURE OF LOBBYING ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Signature) (Title) (Date) BID DOCUMENTS I-37 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDA Addendum Si ric atuire Date No. BID DOCUMENTS 1-38 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (THIS FORM IS DUE AT TIME OF BID) DBEs must be certified by a member of the Florida Unified Certification Program (FLUCP) at time of bid. A list of certified DBE firms is available in the FDOT's Business Directory, which can be accessed online at the following web address: httpsJ/fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ (As Required by Division III, Section 150 of the General Provisions) DBE Contractor/ Subcontractors Names/Addresses/Identity Description of Work Dollar Value of DBE Work Total Dollar Value of DBE Work $ Total Dollar Value of Base Bid $ Total DBE Percentage* (Round to nearest 1/10) % *DBE Percentage = (Total Dollar Value of Work/Total Dollar Value of Base Bid) x 100 *(member of a socially and economically disadvantaged presumptive group including African Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women) NOTES: 1. The bidder must include with the bid proposal a fully completed • Attachment 1 —"Disadvantaged Business Enterprise ((DBE) Utilization", and • Attachment 2 -"Letter of Intent", shown on Division III —Section 150-07 "Other Contract Provisions." 2. DBE's must be certified by a member of the Florida Unified Certification Program (FLUCP) at time of bid. 3. Bidders shall include a valid DBE certification in the Bid for each DBE Listed above. BID DOCUMENTS 1-39 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION J BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared: (Name of Person) who is personally known to me or who has produced as identification who, being duly sworn, deposes and says as follows: That he/she is the duly authorized representative of: (Name of Bidder) being its (Owner, Partner, President, or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder(Contractor) all trench excavation done within his/her control (by his/her own forces or by his/her subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. BID DOCUMENTS 1-40 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: Trench SafetyMeasure Unit of Measure Unit Unit Extended ure (Description) (LF, ur Quantity Cost Cost A B C TOTAL: $ (Signature) (Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-41 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION K PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) (Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-42 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. (Signature) (Title) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-43 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, disability, sex, age, ancestry, marital status, familial status, sexual orientation, gender identity expression, or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he/she will retain such certifications in his/her files. (Signature) (Title) (Date) BID DOCUMENTS 1-44 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION N FEDERAL WAGE DECISION - BUILDING CONSTRUCTION PROJECTS Note to Bidder. Wage rates shown below are the latest available wage rates as published by the Department of Labor at the time of this writing. The Contractor shall be solely responsible for, and shall comply with, any revision to the Davis Bacon wage rates issued by the Department of Labor at the time of bid and for the duration of the project. Wage rate determinations are available online at.https.Ilalpha.sam.govlcontentlwage-determinations "General Decision Number: FL20220022 01/14/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that aresubject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised)on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least$11.25 per hour(or the applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a BID DOCUMENTS 1-45 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.doI.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN......................$ 37.61 11.72 ---------------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity....................$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under.......................$22.00 8.80 ---------------------------------------------------------------- I RON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING......................$26.00 14.16 ---------------------------------------------------------------- PAI N0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only.............$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 12/31/2021 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 30.63 21.09 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation)....................$ 23.50 12.18 BID DOCUMENTS 1-46 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER........................$ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER...$ 12.45 0.00 FENCE ERECTOR....................$ 9.94 0.00 LABORER: Common or General......$ 8.62 0.00 LABORER: Pipelayer..............$ 10.45 0.00 OPERATOR: Backhoe/Excavator.....$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 9.58 0.00 OPERATOR: Pump..................$ 11.00 0.00 PAINTER: Roller and Spray.......$ 11.21 0.00 PLUMBER..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply.......................$ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away............$ 8.00 0.15 ---------------------------------------------------------------- WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons BID DOCUMENTS 1-47 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of""identifiers""that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average BID DOCUMENTS 1-48 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor BID DOCUMENTS 1-49 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" BID DOCUMENTS 1-50 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase FEDERAL WAGE DECISION - RESIDENTIAL CONSTRUCTION PROJECTS (UP TO AND INCLUDING 4 STORIES) Note to Bidder. Wage rates shown below are the latest available wage rates as published by the Department of Labor at the time of this writing. The Contractor shall be solely responsible for, and shall comply with, any revision to the Davis Bacon wage rates issued by the Department of Labor at the time of bid and for the duration of the project. Wage rate determinations are available online at.https.Ilalpha.sam.govlcontentlwage-determinations "General Decision Number: FL20220045 01/07/2022 Superseded General Decision Number: FL20210045 State: Florida Construction Type: Residential County: Monroe County in Florida. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised)on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least$11.25 per hour(or the applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for BID DOCUMENTS 1-51 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.doI.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 * SUFL2009-084 06/08/2009 Rates Fringes CARPENTER........................$ 15.83 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.81 0.00 ELECTRICIAN......................$ 10.80 0.00 HVAC MECHANIC (HVAC System Installation Only)...............$ 13.96 0.00 LABORER: Common or General......$ 7.25 0.00 LABORER: Mason Tender- Cement/Concrete..................$ 9.00 0.00 LABORER: Pipelayer..............$ 9.71 0.00 OPERATOR: Backhoe...............$ 13.92 0.00 OPERATOR: Loader................$ 12.00 0.00 PLUMBER..........................$ 13.23 0.00 ROOFER, Including Built Up and Shake and Shingle............$ 12.70 0.00 TRUCK DRIVER, Dump and Lowboy....$ 11.40 0.00 ---------------------------------------------------------------- WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this BID DOCUMENTS 1-52 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of""identifiers""that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers BID DOCUMENTS 1-53 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.)should be followed. BID DOCUMENTS 1-54 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" BID DOCUMENTS 1-55 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION O CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29 (Version 1, 5/90) The Bidder/Offeror certifies, by submission of this Proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. It further agrees by submitting this Proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this Solicitation/Proposal. (Signature) (Title) (Date) BID DOCUMENTS 1-56 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION P NON-COLLUSION AFFIDAVIT I, (name) according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am (title) of the firm of (company name) the Bidder making the bid proposal for the project described in the Notice for Calling for bids for: Key West International Airport Noise Insulation Program Construction of KWBTS (Key West by the Sea) - Final Phase and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) (Title) (Date) BID DOCUMENTS 1-57 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BID DOCUMENTS 1-58 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION Q LIST OF SUBCONTRACTORS & MANUFACTURERS The BIDDER hereby states that he/she proposes, if awarded the Contract, to use the following subcontractors on this project: List below ALL proposed subcontractors (including DBE subcontractors) and trade specialties. If type of work to be performed will be performed by Contractor's own forces, place "NA" in the space provided. Add any additional categories as needed. Attach copies of all current State and Local Licenses & Certifications for the Bidder and its Subcontractors that are required to properly permit and perform the entire intended scope of work for the Proiect. (See additional requirements for Asbestos Remediation Subcontractor in Volume 3 of 5) Trade Performed Name of Subcontractor Mechanical (HVAC) Electrical Window/Door Installation Carpentry Gypsum Board Metal Framing Masonry Painting Asbestos Remediation Professional Cleaning Products Name of Manufacturer (List only One Manufacturer per Category) Acoustical Windows Acoustical Sliding Doors Aluminum Prime Swinging Doors Ductless A/C Equipment ERV Equipment Signed by: (Signature) (Date) (Printed Name and Title) BID DOCUMENTS 1-59 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION R VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. BID DOCUMENTS I-60 Key West International Airport Noise Insulation Program Construction of Key West bvtheGea - Fina| Phase Certified By: . who is authorized h» sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Nob*: The List are available at the following Department of Management Services Site: BID DOCUMENTS 1-01 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase APPENDIX A - ELECTRONIC BID FORM BID DOCUMENTS 1-62 Key West International Airport Electronic Bid Sheets Page 1 of S Noise Insulation Program Construction of KWBTS-Final Phase Bidder's Firm Name: Address of Bidder: Item No. Item Description Unit Est. Qty Unit Price Total Price Subtotals GROUP 1 UNITS 1 Unit A101 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 2 Unit A201 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 3 Unit A401 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 4 Unit A603 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 Key West International Airport Electronic Bid Sheets Page 2 of S Noise Insulation Program Construction of KWBTS-Final Phase Bidder's Firm Name: Address of Bidder: Item No. Item Description Unit Est. Qty Unit Price Total Price Subtotals GROUP 2 UNITS(LISTED IN PRIORITIZED ORDER) S Unit B105 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 6 Unit B607 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 7 Unit B611 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 8 Unit B309 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 Key West International Airport Electronic Bid Sheets Page 3 of S Noise Insulation Program Construction of KWBTS-Final Phase Bidder's Firm Name: Address of Bidder: Item No. Item Description Unit Est. Qty Unit Price Total Price Subtotals 9 Unit A605 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 10 Unit B405 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 11 Unit C115 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 12 Unit B208 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 Key West International Airport Electronic Bid Sheets Page 4 of S Noise Insulation Program Construction of KWBTS-Final Phase Bidder's Firm Name: Address of Bidder: Item No. Item Description Unit Est. Qty Unit Price Total Price Subtotals 13 Unit A208 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 14 Unit C219 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 1S Unit B307 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 16 Unit C317S Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 Key West International Airport Electronic Bid Sheets Page S of S Noise Insulation Program Construction of KWBTS-Final Phase Bidder's Firm Name: Address of Bidder: Item No. Item Description Unit Est. Qty Unit Price Total Price Subtotals 17 Unit B601 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 18 Unit C211 Windows LS 1 $0.00 $0.00 Doors LS 1 $0.00 $0.00 Gypsum Board Walls LS 1 $0.00 $0.00 Gypsum Board Ceilings LS 1 $0.00 $0.00 Exterior Wall Infill and Patching LS 1 $0.00 $0.00 Painting LS 1 $0.00 $0.00 Mechanical LS 1 $0.00 $0.00 Electrical LS 1 $0.00 $0.00 Asbestos Remediation LS 1 $0.00 $0.00 Unit Subtotal $0.00 19 Bonds and Insurance LS 1 $0.00 $0.00 20 Permits LS 1 $0.00 $0.00 21 Pre-Construction Work LS 1 $0.00 $0.00 22 Mobilization LS 1 $0.00 $0.00 23 General Conditions LS 1 $0.00 $0.00 Subtotal Items 19-231 $0.00 TOTAL BASE BID(Total of Items 1-23) $0.00 Abbreviations: LS=Lump Sum By signing below,the Bidder agrees to the accuracy of the information presented and agrees to the terms and conditions of this bid. Bidder's Firm Name: Authorized Signature: Name and Title: DIVISION II CONTRACT DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BONDS....................................................................II-1 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ...........................................II-11 SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS ............................................II-12 SECTION D - CONTRACT........................................................................................................II-13 CONTRACT Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION A PUBLIC CONSTRUCTION BONDS In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the County a one-hundred percent (100%) Performance Bond and a one-hundred percent (100%) Labor and Material Payment Bond each in an amount not less than the total construction cost. To be acceptable to the County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. 5. If the Contract Award Amount exceeds Five Hundred Thousand ($500,000), the Surety Company shall also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. POLICYHOLDER'S CONTRACT REQUIRED FINANCIAL AMOUNT RATING RATING $ 500,000 TO $1,000,000 A- CLASS I $1,000,000 TO $2,000,000 A- CLASS II $2,000,000 TO $5,000,000 A- CLASS III $5,000,000 TO $10,000,000 A- CLASS IV $10,000,000 TO $25,000,000 A- CLASS V $25,000,000 TO $50,000,000 A- CLASS VI $50,000,000 TO $100,000,000 A- CLASS VI B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: CONTRACT II-1 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. CONTRACT II-2 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SAIADocument A312 TM - 2010 % woe fond oNhnx legal s:tamaas ada add re 01am,legafazaw a m pares parplaea 4f sa arrass�� Thu,�g4rof nla4tad FotaaMlegail auu a atuMt«Mmrnn wiutt6 �aAfrusrrx��u�l�6��mu mx�� OWNNEtM mw a d err � r xadata 'dar65a'9 rmpwald` Y rw mra� *Two" �'a�rnr��rod^Nw � �ine�r dr �;r G art ifl Cre oonsa eyed CNtNtS�"rNTtNCTIOINt CQpI TRALM p i #up Nra a aip Rir�C V�. Dah'. Dennphou (ATa"w an'h a io?o BOND D ak: (A aaax"har that Camatraxafia¢sea C'rmtaLtDate), fiTcdaffac a ens to th6-Bcxa 011 HOM, Sae"�i '16 GOW RAVYOR PS P111MNC Apx TP': �Cmpsr a Baal Naam ard,Tdtle° uld Title Av and Isignarar ,dsasapapa "aaals a r aaa xa:r a i red'.? (FOR a� CT'.,„ Y---3 aa:s ri' �.�aa�apFa�maa;) AGEttr a a NNi&W' OMEWS NTEM+SIEWAME. a'�3raFratacrt�°ra�°araaar^ar^a"�Faar F '''�"x� Wit, AVADxiulmont W9m^ - 010 dd6""sno EYnudCtt 1"grlit0M11U Taa,MiiarG ibtlMEia N04At,$il All"ghtorANer as "Pw,.yRRMMN' nIa ddW� mr7+'auaar¢eii"4tVd Nuu':I��t'mnlr^Rm,d r,Cdo6gl rtC4m+,omrmWllrv°trn"manmrtpu'naaae�u rdV4,lamer;�rn�iUYaglr"�d�Fad'dc�re�ruu�ir�0.awti°rn#�,rd'�pViN�41u"" r&noaen�; X WI,P�6i O I V W ka Yd",G*06fG�4f o vo re � tl ann a:YCmU liYm cl d. q'n lal y p.,I1Pb�M M1'NIflN K Y, In de r ms a Bird• I Via mm#m m #i[Irftl ur tl %Ih i7 @ diVr e Ure�mV m"a&e dmW°^To 1 Impa,rtcgVrDINtwOIWMins cofAMCo6tact Docimeilm e-�m,aITieAm@rMi Jultl learAcirikeCe kplawo-�a�#,tap+amlX�h' CONTRACT II-3 Key West International Airport Noise Insulation Program ConstructionofKevVVestbvtheGea — Fina| Phase §3 If there is no Gwmr Ddanitunder the ConsbuctionCentrac�d*Susety's,obligatiortun&r this Bond shall",e after and On &bg ie relvedy available to die Ow rEr CONTRACT 11-4 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 'P'lf"the Surwtyelects to actuurdersection J,52 oar5,3. thanthe respo us auhties of'the Surety to tha O wrer sha l rood be gleater dun tlucseoftlre Corntwtcaruruder the f:orustuctionica bwt,arnd the respcmu rbilrtues ofthe i to the Surety shallnotbe gmaterthantiloseciftheaSawrrerurudertheitceustuurctuoruCordract.Subjecttartheconwitnrerntbythe ;'writer v.,pay the Balance of"tlte Corbra:t tie,this Suzetyv oblidaied,uwitl?u i darp➢ication,bl,r i the regpowlilrtues4tl and conlipletuao-a (tide Comnsbr.hon Cortrazt, .2 addshwul legal, arld d',e y cre b rwsu l r g fri C'ovdmctoar"s Defoilt,arid. remlltin;fir'ce the actkau mfkhie to act o,f thr SunrrtyuurrderSectsoru S„sand ligmdated danua es,oar if"no hq udated dax appes air specufied in the ConstmsctuonCwtaa�actuual d arnages cause d b y delayed pert'crn nurse car .rr wpert"oartwu.-e oftlue 4,w Mlb actor„ 81t"tl*Sur^ettyelects to acturuderSection5 1,5.d or 54,the Snnmbj's habilityis hrnitedto 4 arrou ntt� tad. S'Me Siarety shall nnotbe hable to the(),wrerorotlren torobli atvreus ct trkut cc 'wctcr^tludl; l tc-4 CorsbuctionContract,and the ldaLuce iffir,Contrac.t uceshrallrKAberedur.44tetclyorti� tcat uy la uarxelated s llgafio ,Nori htofectinnshadl raeont& � oanyge oneur " `",, ther rib heirs,erarcuutors,alnduu tiaras,sutooessor,am as sligm, 10 slue Surety kuereby x aiur ruotica of aruy kuar e,iru lydrrug charges of tarrtd t ttur Cora trice C cmutaac:t or to related surbc mtraots,punurhase order,and otheroblrgatiomus.. 1"1lunypmceedrr ,legalorequritab le,underth5llorvd May tie iristitaaidina court 4/4trrpetrrdpuans dictionirn the locatru-mn in wrhuch the vrur➢c cur part of"the vrorlr as located.and.rhAli'b" tutted wrntlun o year aftera declaratmcmr of':urtracfiarr'lr�naltartirfhrntrroyearsa£trrtknrContzao roe� ehuw t cttuwatlunt ; , eaasaNrthe'Surrey ratio's-es or f"aib to perD°ormits cb 4Lafims under this Borrd,uwhuc*,M c»corars ra :d# osuorrr of'this p'ara:raph arenrord orprr1ubi%dby1wv,the n r nwuurnprriodok l ma#at kabh to,, 'ni d"4 deteme inthelvrisdlnctioruof" the suit shallb e applicable. 1211'ottce to the Surety,the Cervnerrrx the Contractor a be mailed,or r i d tr thin' iueas slo wnontle page onwhch duds s ipnatrre appears. 1 V1 ranthus ldord hao;'taeenturru hed to com w itha statoti',f otkuer legal rrqusur.meat iruthe kocatioru,uwhear thecomtIluctionwas tobe perknred,anypromi6inthisFond"'&i' " hmwitheWstatutoryorlegalreguuirerrerd. shaU be deemed deleted,here"uomand proN isuoirrws izo 'Mri to snick tutottyor other legal requarowreuerd shalllbe deerrved rrus.., rate+ hereirav queenso furnuushed, i t i,thui tlds Bravi shallbe ccautneda.a statstorybond and rv.4 as a conalnoun laws Is ond. x 141Da !nitlktttt� 11.11 Balance tf ft ContrattP1d1. Ilnet ;ara6ik yablebytheCrxnertotheContmetoruuudeurtlieConstcuction cordr^act afker al'1proper ad umAte uts havie'eenrt rW,hdirg allowance to the Cord uurctor of Wammnb receiwwd or to b e ieoeimd by t6Owrner" sattloi rrtof"m�,ancecarotherclaenrfordarnalpestownhrchthec;omnt c tor is eaartutled,zrd^q�e b l valid,and prop 11 �Gtade to oxonbehaltof tle Contractor urnder the Corustruuction Cootdract �14.2�'MD�t�ttitwt uG u„ naraatbetwFeezutlue tvavrwea l a:orutsao�rr rd,aaNtif'ued wznthe r_oarerpaa=, urncbad*,'011 orta � " marts` "",chawes made to the agzeenammit and the Contmet Ctooarran . tg 143 Cb*,' t1 wltt Failu m ok",tr Contract:m,which has runt been remedied orwuaiwecl,to perkinrn or otherwi se to ooar^m w�adra rraten«d Gerarr of"� a�a tuatGon�'oract. 14.d O�t" nlrpDtatdsu�.�" tx�d ra uwrrrer,wwhaclnhas rnot;bean rrrrrrdred orw�airard,to pay the C`ontsactoras requ,asrd under die corstmChon,�;iutract or tap rtornu aryl +nn late or 4_orupp1ywrnrtlntlnr otlrar araalrrial trams of tkur Cosus traction crmtrai.. 14.1 Cue i tDJitaruttmerts.,All the do urnents that counpmiWse the adzeenuant between the,t'Cuavnej,aril Ccmntractor. 11 lf'thhis tt'ond ns issued fox an agoaervert behveona Cow actor and curb contractor,the tease,Ccatntractorun tluas Bona deals be deemed Lobe Surbconhactor and the terms Owner shall b r deened to be Ccmntractsr. lir"at.. A44 Ekc ontAl1;2--tr10'tsirtr tlarirfiC9 fond 0Dpr,Mg"tt7;M101kr't.•rl,@ AmerWli lisftb olAri&("t.AMMiigilts Moir%d iurFr Iiiit') 1110 also uraeilew,(1tlw vrOUbdt`N os.t aupyltpult11vvsud6tiilr,auut�r0 ovr&K'elama ptr�oair,t+,00ritmtltmstaaroaarrtrdrA Dxiieimraalt � Jr ail O, ari°tfoGd't rAaV evt 4 a" rm kivall lip arm w r a 40r aan ru wrap,ow i re l6 4i wit aPPE1 V,�twm P roP 0u pp J,b ilu m a t ism W@P o ia"fG M po s ofbire urK1s r t tle is Pe�To o i efortioDWo¢graeiMimALP,OcatactDo m�ekt,e«miatlTlYeAniv1m luritldutofAcIlMdelicoiraell^ µrgalQrrhong. CONTRACT II-5 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase �,"�Ci 'r�dldu��ti�nuz 4a�k�u:�l att� fawns; (*we:,%pvvid Wow aigwt es ad&d p ra a,othe,th2n Owss qpsanNg m the wver s, .), iU NTNGrORPS P MII IPAL sufu1 "avwl�u lz N a pA aae t7) a�x ': � vporcite 5"eg) Ad;mm ard Title: Name amd Title: Ad'hass Addaress Wit, AULL&01Yt1n#ntA012--2010 NmNCrtppm�a Mirld Qp,PflqVbiQ3)110GMyif eAmeiC r Ns"Ll rnlAzlikA,ARdgVlb rwpsl"+arirA Au0.iRNIIW nos 1141wR rkypwwl wflN@ AIOWw ,Vd lri"Irp„M vl§�°w4�,g1'a,La'a oVNiA w V%wd"Ywd�Jft Mca Wo w Pwu!�8.1t�Yp�4',bG�„14'alG�`'o��wwC116u�4 rd,shlftj'bon�jtt00 JR&DA I",.N,hawWlVfll@nt, GO vnu �9�w4'11konP xn 'T6e,"rve,Jdm wort w4m sod w onw r,ovoillliww and ow ICwy twt vw pwww W li#mwntw e woprjtob w uwCryr, r to IAww To p epocgt'rg1tuPLMw:oAA„A OmtotIkescwl: Z,t-mail Tie Aml@0MIINhf'Mbu'!otlAvi&cW112galk ittelL VT*jk1@,38.uoorg. CONTRACT II-6 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SwAIADoicumienta1 T11 — 211 Payrmr4 Bond IDO Ste: {( a17'A!£, oVa, %^alstaaus w»aad, rara,+aga at', V we a�"Vrzuarrsea�,D "w"Fa�w�4y�n�v��if�ry�plprau7alrslC q,a�la� �^� 'iueco�e� " m:mladC �ihuWl�lh DIV N 'V Fu; m t dr as M n 7 l TeiP s,a s,ra: a r�aa„ mt 4 a a srVmd CraMxr a Q0*1N1m rr er wr G0116114VIV;arRIV:,QWRACT a NAau ppAu fie. Date: Anwmid, (�&xraaRs ura2 Vaaeaa�ni SiVm D ate: aNkarwaarhdrtFa a wmasiruwasas eta^race aae;Y ,�Yt1f'a:aC9$I� " Mcidificalicim tot B+aa& D11'we Sce Se"tik [V411 RACTORAAS P'141 CG1w'AL `. �C.raztiagraam�: f "arrm^ S"e � oaar, ,, ��"arr�narraxre,�" �)' N um f'v aa4, P si rw usW,avp tar en,*,Malt page ethii Avmant rrral.11 ,AG N1 or Df&i pIWUVNERS RREPV S NfrAD VE: u�. ohi wt.newer"rr ra her j h tit. A li%DwinalntA9 Pam alnt Ebina,op,mi�+pitoMilo bvTit Am, MICaai hsVft1R cdAiN Je c1m Alr m Iluh R110ra+d,A R MN 1 1) M a Je rarownoon'tMjrtta4w�udmllkt BP8C'AT asitl%ra°ioarOwmYllruaRTtTA�irria0irrsml kIvlimwltdotlAgrib�V`rSCPftail�3a°wor1111 polgmO1000 [A rx,,UJfunAntr7r min,pcotom ofIt,M3,,rIA4Ar$mt motet ,pol aro ir,ap wo& rmrwe NW$ 0111 VA rrjo plrfDi to d b b*maaofli un 4airtaw1klposa u P uro r t9s Pm Ma,To A *pDnoDW PpI4mimOksafAR,Cut Umd boo imiaaffi@-ma lT11aAnit3!mallerUUV0ArAMdelad;aticoNrsall,aW911I ata:mmg. acw,a CONTRACT II-7 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase U"n*Canrfractenx arrd'S nrety„perurtlyaxd scvarally,tumd thexnselwes,thear'heim,eruaerrratrrrs,adrnati tratxr ,succes5m and assi,pns to tle 0ewnertc,pray fcn°Ia IDY,materials arid epuupxrraxnt frrnushed fcrruse in the paexfarnmice ufffha r,Turrstmrclim r a tract,wwlichis inrxwrpanrated haremtsyxeferernce,subject to the foUming term.. §2If the Convtr,3:ta pros agatiy nukes pay xiat of alit r+ rlac to Claixa uns,and defends,irdeninifia.5 aid holds haxrnlesw tie! wruerftwamciainv,demands,,lieu orwiftsbyalnwpenonorerdityieekil,igpayrrruanatfcarlad ,,nutenab urcpiprmexd fnnmshed foruse ui tha perfbnnan:e of tie Camrtarctiuraa Contract den the Suretyard tie Coxxtrar-tor sha11'luvve no ctshfatornu rider thus Tdcaud.. Ifthere is ri Owner Default under the Constinctintm r,:cantract,the Surety's 6b,licatv'a,xrto the ae' t" t tlx�s D3'caid shall visa attert1v Ow Iran p romp fly neai ed the Cceitritor aid fie Surety(at the aiiti fires 4 C"rihed ii 13)1 ofclair xs,d+anrands„hems rxr suits against theCAviner m tlae Ow pmr+Party by UV pexsuma S eokft R Id for labor;materials or.equipment fir:xnulied fbrii in the pexfurmnarrce csf the C amtructi. Co tract at ,iendere ;" defense ofsnach elairi demands,hera or emits to the Contractor and the 5tx 4 r 'hen the C"rawxuerh s,atrsfred t1e cond»ticmras mS'ectim%tie Surety shall ;Artdl at th r yr t wys e defend,uad a mfy and bold ha arless the Owner against adanly iendered c lam demair�t ry�r suit, §,I Me Surety's L+hgatiorr,to aC'lairtiandunderthus Bond shall arise after Ji1 Clainuri do n have a direct r nrwtwiththe Cantvac r, A have Gaud shed a w xittern ruticeufncnr-payzmxt trs then"u "�actrr; ,accwacy the ain arxi claxi and the naurne of tle party to awhucrmr tl tt ttanais wxe ,rsr^di pnuerutwras„drnni led ca zuppded or,fox wwharn 99ne lab or was done or penfaxrned j*'m.rrxxety 9'01 gur,havuw ha t pexfanme,d labor or'iast fauxms'led maW nuals or equipment W C'U'I'M and 2 have,sent a.Claim t:,the Sunty(atthe address r- d inSek�r� s 32't,„larnraarmts,ewlra are env 1 Ted by or have a direct C actwwith t"id �ttrtaa,t r,hai ;�mttt a Claim to the Surety(at theaddreas descailaednrtSerfiari GIfanctiLe cd"rrcvna-paytauentrequrierced,tySecfuo ' J L­qi by tam C"rer�to fiv Corhasuctuar,„than snf`nciendto sat a claimant's obb4ationto fernsh awwx t awe ofni�ntu rater Seatucnn 5 1.1 7196n a Clait artk ba s atasfxed the conditiuhsea "0:6ans 5,1 m "wkche x is apphcatr le,the Suretyr sheh PMtriptlyard at the Surety's earpelve take fluefOU6**aactiusmas: 71 Send an anmer to the iCl `rr'. to the vwntimru sir tty Qt ttji days atdex receiprt c f the rwlarorxr stern g the ancuunb that 13re uru a wd for cha&rypu ally arnaxxb h'uatare disputed,,mvi S72 Pay or,aimutga fox peayrnett� asuyr Its, d he SiOiWixife to dr eh e" 1r at uaxderSec n71 crrSectunn7 2 z,Ia l xideereed to aurastitute�+ay�mwerwa�'w�afermes tlwxSu °' a€�dta+:turrraaaylaarr�ura�upuite.as t:raC'Iairar,esrr�e'ptas tarardispu�d ararcrnmvrlxirhthe5rrzwzt�; t t� reaeheedareexrrnt.lt luewewrxptheSuretyfaulst disduaxtpsxits slrliga under»e xt .df fiaraa theSrrretysluallarderaandfykiuer>larxaraxat rfhereasarratileathrrwy's fees, "=t ," ur aeafteA crswar any s nxaus fianrd to t e d re crud c wwu tm tie C laixruanut. $"Iiue a cbhgatarsn ,luterrca+ad fke amcrruut o this litand,phm the anwannt rafrea enable attanaey's fees Provided alder Ief.'r n"I3,did"ale armunt oftltar f;oxd s hA1re cxedxted for p?.`y menu M,ada in cood faith hytbe Surrety. 9Aramnis owwedbyy tiro" wirer to the sha11tierrsed fcrr tine pert"uxnuancrr ftkaeCcr txiaac°ficrraContract amtrrsatinsfy'rdairms,if any,urdexany cow tructiarnrAr nwn,e bond.ByUse (-,o txac x fuinis lirtc and fire Ownel arcep>tiM this Bond,they agree that s 1 f uWs earned b y the C rhactcrr in the peifillriumeafthe CcauhuctirrnCrsxgxact are dedicated to satisf"yoblieatim s rcf'tle Corhacfcar and.Suretyinndertlris Bond,,suhr,pecttrr the Owrer's pricmit R trruse Ile farris for tie ccvmpdeetucrncrftie work. Irit, AADIA::amnrrtASt'21mw nmre Fa,mrrnitL-tatd.dil ;im prtOM1IC) naAmar xlltrtM$UmAnkMcir Atnir, biireWsrw�wa.�anrAivlptw� 1n1raxVe rzowW�,,rrrfl9r e'utPwde,°arfc' 1oW tl1 uvi mrrp�r tlrrafc�rMP retr,we a,imp.ruomv ,�Ne ,siuo,rup.,Min r ruin bYRVa4rtr7rr r r PH e Aµed, q�Miu�IMRIJ,Ir xr,garGhao�r�utmoa,^r"erutrmrnws�o�.r�atrre,ra9tturw4p+vuMtsrwm�arsk rssu�mrHre��r grrftiemerawmwrfinradpucrmd�aGuorraorrta»Aa,,°n"Ge I e Acrj TgWtu1D1 smsX,AreaCmtactCracmene,esmraJTterwmrerrMrivaMValAcrttata'amg;aiioonrcea,c ryrraWllaisrrup. CONTRACT II-8 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase ,110T1W Surety shall ncdbe IiAll*e to tha 1".haarer,Clainrauds or oiler,forobligatwcrrs of the Cordractai,that are unrelated tc the Ccrnstructic i c retract Tiv OwfxrerI hall.Mt be liable fbi tha payrrm:nd of araycasts cxexpenses of any Claimardunder thus Bond,aryl shall haveluxrdeurthus Bcnrl rrr-o 0blidatacrntc nuke payments to,or give roticeA ribehalf' oC Cla uaruts orutlxaxtin i e hans any cb.ligatiom to Clsaxna t�uurderthrs Bored. 111i"1"he Surety basal yww aivsn notice ofarvI*fie,ism hvlim chari er Art tirara,tw the CurrustmuctiAinucrwnbw't;orta rely d Abc x4taact3,pnxrehase ciders and tlwar,b a4a ass. 11214rr swt or Bondoflvrdenin acouat ofcoxW id Jurisdiction ui the s tate MWIUcla the praliect that is tle slab,ject ocf tiv tc orrs buctiori C<cntract is h tlke as f+am 6V date 1 d OnW hich the Clainard Alit a,Claim to the Sure ex,prixahw.rn crf+a,rae y� � ty purg`�" Section.S 1 2 cr5.Z on(42)crnw hichthe last labarmservice was per^dcunedby armyMrne,crMln tma�""r zvr e uiprividwenRinush hy,arrymweder the CmutmctionConW.xt whklvverc&# 11a or(6,ro.tcao� 1H't : prsavissons(S this Paragraph are void orprmhiibitradbylaw,tln sirrefiao(v,a. de rue in the*isdicticn of dia suit s hsdl'be a phcable,. ,11311otice and Claims„tca the Suxety,the cD+arrnaxo or the carrtwac'tcorshall be mailed or o d tc"the 460,skucrwn +a'nthe page on'whicln their swrature appears.Actual rc;ceiptocfnocda+e orCla axis,bcvvnever" " " , bed,shallbe SM4 ffk ie n t co 4rd lra=e as Y9 this daate r4ceiw ed. '1114WlnenthusBordliasbeersfiimisluedtruccrarplyvritha statutory cr,c4i le paluwq l itmtherlracabonwwhere the con bucticar¢wrastobepert"awned,any provision in this Bend cc wi th 5 aid s tA*iy or leg at requixenvid s hall be deemed deleted he t"rrarn acid grvvisimu conFori m ig to a q xy or other le44ie,qunemerd shallbe deexu dinrdrperxatad hen it,ilheirsc tuxnrslued„the ixrtant is that elms ' " ,wall be rs ris ul as a statutoryboni am rrudasa(won= nlawrbynd. Mlciar 11$Up: rrsnreq ztbyar pars' ttentutaappear trabcr;uldd d b �scnd n ;;l «rd,G&rr creak ctaraxtd O weer shaall pr nV tly fv rush a crrpy at"this Bondox shall,, am t a cuij"be made, r 11fil1ai�amdrs 1ti;1dx fu waiittensta'texruirtitby ilea Claarrtiaru#padu , l aaadrnanu: .1 the rumv of the C'lai , the manse of the pencrnf,cr",,wboj�&lah,cr w w d *i oirrvaterials oregui;pmerd fiunasled„ 3 a cap,yufthe agrees lit ur,va1Clti o reI,TAUsuant tc`wlw+xh labor,naterials,or equiprueritwras furnished for Use intlhe perfarxruaxrre lheCorutruc'tic+ncordxact;, .4 a b ruefdescrxp sort of x�1 % ials,ot* arpivent fwaruuns lr,a ,4 the,late mn which tli' + „�a l�ust pelf lalivarwaa last ff°,rrnislred aanarals aaeapuiprinead for rise in the pe nnaxrce qrr4 Comtltal cxntract; flue tutall amrurut, by ';ik' Nd as labax„xawderials oreogwaprmrd furmlrad as afthed,ate of die Clan e tla W axncauit s payn r)6 received bythe Claimant;grad "- adrracuir'ut dre axe mipard t p; Claianaxd for lals ar„materials cw equipment'fanrrshed as sad't1 to Aaf glue Claire 11 NM NIt lgxnudz� "i �i4ltylaavinrga direct contract withtheContra:tororwxithasubeordractaraf'the currtxa tdpr to�11,; a made regllripxnuerrd foe use in the pailbiinarce of tla Combuctim C outtact,The tamer C asp"mo d indrvudr : n exdity that has a 4htfrzllyas saxtad a c'roinunler an applicable xi*chalic"s lien sxsinulaisl l ;a azrast�ire real pd stl upacrrvwhuc'htlue lrrmyectis located.The xnterd ofthis Bondshallbe ter irwTlude mwitlwrr t hxrritat c'nii one s`lalrar;ivatexiab ez equipment"that part of„aw atei a,,,pow ex,bg10,lv�at;4 � ,heleplx ne selwxce;,"war<x tal egurpwentused it tiv CorobuctaanCoidract axchitactuwal girl e rg imexi seivi s reApuircd fux„ aye of�lue waoA of tie Co rdractaar and t6 c carnbacta's se be ardr rctcars,and allU odwr itarns for wrinich a me ram'"s lien nuaybe..asserted in tha jarisdictiiurr w 1wre the labs crr,nnatauals ar erquipirentwere fuemsly d. §,,%3 Co ell on Contact The agnerverdbetween the O wnerauri Cocntractcrrndexdrfied on the c arpage„ mchrdurg all Coaxdrarct Domanerds and all chmp3 made to the a aeenvrd and the Contract 11ccuun rds Arc un#nt W 12""'"' 9010 IPdg"I onttbndi.' pe"Mi II1t�u'M1113�n a Amertnr rstM 1E o(ArA IBA.AnliH 1191A mor"d,'rv,aifNM16Ml� 'niIdAiV l Vrliit, V:r.�wuam our tl i1 Arotlpp,ewe 4'� U p q"„jP 11R1 t Law4�RI'd 17V�b09"Iatu�rm fm s D s I,MIYIWLV%I od�rH O�u,�PIVv4"eN.r"F'4dPrn r u00i lUid'kA�Gw 41'8 Ho 40Xd r1gnPPoll't N, 3 anm,p�rbon; Otmv� ,rmwfflrtovoroo,mamvt,omirelrwubr.MsodVtHboprotorepy'dVAd�fp�'*maeW9�s.Nr6�Nm'wntp'apriuld4�AraiPNlpwk'tl�rhtao,To eIF'r'r1ocWrD1t'wRr rosaARCoivaud'Domeris„e-AmalTk*AmuearnnnraM*cfr,ArrWtlaMkga9mnrrseR�uFu'��Yl�laaaaao'� CONTRACT II-9 Key West International Airport Noise Insulation Program ConstructionofKevVVestbvtheGea — Fina| Phase Addi,e55 Address CONTRACT 11-10 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED CONTRACT II-11 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Ladies and 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. Contractor: By: Title: CONTRACT II-12 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION D CONTRACT Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase THIS AGREEMENT made and entered into the day of 20_, by and between (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida,(hereinafter referred to as "OWNER"). WITNESSETH: That the CONTRACTOR, for the consideration hereinafter fully set out, hereby agrees with the OWNER as follows: 1. That the CONTRACTOR, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase Monroe County, Florida 2. That the CONTRACTOR shall commence the work to be performed under this agreement on a date to be specified in a written order of the OWNER and shall fully complete all work hereunder within Two Hundred Fifty-Eight (258) calendar days from the Notice-to- Proceed — Permits pursuant to Special Provision No. 3. 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: Dollars ($ ) in accordance with unit prices set attached as Exhibit 4. On or before the 15th day of each calendar month, the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, 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, 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 CONTRACT II-13 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase agreement shall be made within twenty (20) days after the completion by the CONTRACTOR of all work covered by this agreement and the acceptance of such work by the OWNER. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the CONTRACTOR, the OWNER may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the OWNER will have sustained per day by failure of the CONTRACTOR to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the OWNER will have sustained in the event of such default by the CONTRACTOR. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the CONTRACTOR shall, at its expense within five (5) days after the receipt of notice from the OWNER so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the OWNER. 8. MAINTENANCE OF RECORDS: CONTRACTOR shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or three years from the submission of the final expenditure report as per 2 CRF 200.33. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the OWNER or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 9. PUBLIC ACCESS: Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The OWNER and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the OWNER may CONTRACT II-14 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER's custodian of records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. d) Upon completion of the contract, transfer, at no cost, to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from the OWNER's custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'S option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the OWNER or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. CONTRACT II-15 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- BRIANMONROECOUNTY- L.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the OWNER and the OWNER's elected and appointed officers and employees harmless from and against: (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees on the Construction Site during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR' default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its employees, agents, contractors or invitees (other than CONTRACTOR). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the OWNER from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the OWNER at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days'written notice shall be provided to the OWNER before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the OWNER, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the CONTRACT II-16 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of OWNER and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the OWNER be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: CONTRACT II-17 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe OWNER, Florida. 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The OWNER and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: OWNER and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and CONTRACT II-18 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase other activities related to the substance of this Agreement or provision of the services under this Agreement. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the OWNER and the CONTRACTOR agree that neither the OWNER nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which CONTRACT II-19 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase taken together shall constitute one and the same instrument and OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: a) Title VI I of the Civil Rights Act of 1964(PL 88-352)which prohibit discrimination in employment on the basis of race, color, religion, sex. and national origin; b) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i) The Americans with Disabilities Act of 1990 (42 USC § 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; j) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. COVENANT OF NO INTEREST: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 29. CODE OF ETHICS: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public CONTRACT II-20 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 30. ETHICS CLAUSE: Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 31. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. MUTUAL REVIEW: This agreement has been carefully reviewed by CONTRACTOR and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. CONTRACT II-21 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman CONTRACTOR By: Title: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC CONTRACT II-22 DIVISION III GENERAL PROVISIONS DIVISION III GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS...................................................................................III-1 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS........................................III-6 SECTION 30 -AWARD AND EXECUTION OF CONTRACT...................................................III-9 SECTION 40 - SCOPE OF WORK..........................................................................................III-11 SECTION 50 - CONTROL OF WORK.....................................................................................III-14 SECTION 60 - CONTROL OF MATERIALS...........................................................................III-20 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC ....................III-24 SECTION 80 - PROSECUTION AND PROGRESS................................................................III-32 SECTION 90 - MEASUREMENT AND PAYMENT.................................................................III-38 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM .....................................III-43 SECTION 110— Not Used....................................................................................................III-48 SECTION 120— Not Used....................................................................................................III-48 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION .............III-49 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.............................................III-50 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .......................III-60 SECTION 160 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM ........................................................................III-76 SECTION 170 - BUY AMERICAN PREFERENCES.............................................................III-105 SECTION 180 - CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS.................................................................III-108 SECTION 190— FAA BUY AMERICAN PREFERENCE CONSTRUCTION PROJECT— CONTENT PERCENTAGE WORKSHEET...........................III-110 GENERAL PROVISIONS Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-02 ADDENDUM. A modification of the plans or other Contract documents issued by the Program Manager and distributed to prospective bidders prior to the opening of the proposal. 10-03 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-04 AIRPORT NOISE PROGRAM COORDINATOR. The individual, partnership, firm, or corporation duly authorized by the Owner (Sponsor) to be the Owner's representative and acting directly or through an authorized representative. 10-05 ARCHITECT. An authorized representative of the Program Manager responsible for architectural supervision of the contract work. 10-06 ASTM. The American Society for Testing and Materials. 10-07 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-08 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10-09 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 CALENDAR DAY. Every day shown on the calendar. 10-11 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONSTRUCTION MANAGER. An authorized representative of the Program Manager responsible for day-to-day oversight of the Contract Work, and 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. GENERAL PROVISIONS III-1 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 10-14 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. 10-15 CONTRACT DOCUMENTS. The written agreement covering the Work to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10-16 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-17 CONTRACT TIME. The number of calendar days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar days, the contract shall be completed by that date. 10-18 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the Work contracted and for the payment of all legal debts pertaining to the Work who acts directly or through lawful agents or employees to complete the contract work. 10-19 ENVIRONMENTAL SPECIALIST. An authorized representative of the Program Manager responsible for environmental supervision of the contract work. 10-20 ENGINEER. An authorized representative of the Program Manager responsible for engineering supervision of the contract work. 10-21 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. 10-22 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 Program Manager to be necessary to complete the Work within the intended scope of the contract as previously modified. 10-23 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. 10-24 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-25 INSPECTOR. An authorized representative of the City of Key West Building Department assigned to make all necessary inspections and approvals of the Work performed or being GENERAL PROVISIONS III-2 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase performed by the Contractor. 10-26 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 Program Manager 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 Program Manager, 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. 10-27 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Program Manager. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. 10-30 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, that are prepared and issued by the Department of Defense. 10-31 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. 10-32 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the contract (i.e., the Monroe County Board of County Commissioners). For AIP contracts, the term Sponsor shall have the same meaning as the term Owner. 10-33 OWNER'S (SPONSOR'S) REPRESENTATIVE. The individual, partnership, firm, or corporation duly authorized by the Owner (Sponsor) to be the Owner's representative and acting directly or through an authorized representative (i.e., the Airport Noise Program Coordinator). 10-34 PAVEMENT. The combined surface course, base course, and sub base course, if any, considered as a single unit. 10-35 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. 10-36 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the Work in accordance with the terms of the contract. GENERAL PROVISIONS III-3 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 10-37 PLANS. The official drawings or exact reproductions 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. 10-38 PROJECT. The agreed scope of work for accomplishing specific airport noise mitigation with respect to a particular airport. 10-39 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. 10-40 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. 10-41 PROGRAM MANAGER. The individual, partnership, firm, or corporation duly authorized by the Owner (Sponsor) to be responsible for supervision of the contract work and acting directly or through an authorized representative. 10-42 PROPERTY. The individual condominium unit at Key West By the Sea located at 2601 S. Roosevelt Blvd, Key West FL. 10-43 PROPERTY OWNER. The individual(s), partnership, firm, or corporation holding title to a condominium unit. 10-44 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or material involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. 10-45 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. 10-46 SPONSOR. Shall mean the same as Owner. 10-47 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the Work. 10-48 SUBGRADE. The soil which forms the pavement foundation. 10-49 SUPERINTENDENT. The Contractor's executive representative who is present on the Work during progress, authorized to receive and fulfill instructions from the Program Manager, and who shall supervise and direct the construction. 10-50 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. GENERAL PROVISIONS III-4 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 10-51 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 10-52 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. 10-53 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 GENERAL PROVISIONS III-5 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the Work, and a list of key personnel that would be available. In addition, each bidder shall furnish the Owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of the bid opening. 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: 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. GENERAL PROVISIONS III-6 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. NOT USED. 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/she shall satisfy himself/herself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the proposed Contract, Plans, and Specifications. 20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidder's proposal in electronic format only. 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 words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the 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 irregularities, technicalities or omissions if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be submitted electronically GENERAL PROVISIONS III-7 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase in accordance with Division 1, Section B -Article 16, Instructions to Bidders. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to 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 GENERAL PROVISIONS III-8 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 at the Owner's sole discretion, to reject any or all proposals, waive irregularities, technicalities, or omissions, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the Work otherwise. All such 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 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner 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 contract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the Work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the GENERAL PROVISIONS III-9 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 GENERAL PROVISIONS III-10 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager shall be and is hereby authorized to make such alterations in the Work as may increase or decrease the originally-awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Program Manager. Change orders for altered work shall include extensions of contract time where, in the Program Manager's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. The Contractor is advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Program Manager 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. Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. GENERAL PROVISIONS III-11 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager's opinion, is necessary for completion of such Extra Work. When determined by the Program Manager 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. 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. 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 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 vehicular traffic as specified in this subsection. The cost of maintaining the vehicular traffic specified in this subsection shall not be measured or paid for directly but shall be included in the various contract items. 40-08 FINAL CLEANING UP. Upon completion of the Work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures. Material cleared from the site and deposited on adjacent property will not be considered as GENERAL PROVISIONS III-12 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase having been disposed of satisfactorily, unless the Contractor has obtained the written permission from the owner of such property. END OF SECTION 40 GENERAL PROVISIONS III-13 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE PROGRAM MANAGER. The Program Manager 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 Program Manager shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the Contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract, Plans or Specifications. If the Program Manager 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 Program Manager 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 Program Manager's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Program Manager 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 Program Manager'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 Program Manager's right to insist on strict compliance with the requirements of the Contract, Plans, and Specifications during the Contractor's prosecution of the Work, when, in the Program Manager's opinion, such compliance is essential to provide an acceptable finished portion of the Work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Program Manager with the authority to use good judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans and Specifications. For AIP contracts, the Program Manager should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, Specifications. The Sponsor will in GENERAL PROVISIONS III-14 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract, Plans, Specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, Plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars; Plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Program Manager 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/she 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 Program Manager and his/her inspectors and with other contractors in every way possible. The Program Manager shall allocate the Work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the Work at all times who is fully authorized as his/her agent on the Work. The Superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Program Manager or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the Work covered by this Contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the Work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. GENERAL PROVISIONS III-15 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the Work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the Work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Program Manager 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 Program Manager. The Program Manager 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 Program Manager 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. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this Contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the Contract, Plans, and Specifications will be considered unacceptable, unless otherwise determined acceptable by the Program Manager 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 Program Manager, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without GENERAL PROVISIONS III-16 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Program Manager made under the provisions of this subsection, the Program Manager 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 from any monies due or to become due the Contractor. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the Work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Program Manager 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 Program Manager's notification, the Program Manager may suspend any work necessary for the Sponsor to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Sponsor, 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 portion of the Work, the occupancy of which will benefit the Property Owner, he may request the Program Manager to make final inspection of that Unit of Work. If the Program Manager finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that Unit of Work. Such partial acceptance and beneficial occupancy by the Property 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 Program Manager and Property 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 Program Manager 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 GENERAL PROVISIONS III-17 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Program Manager 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 Program Manager will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as Extra Work, he/she shall notify the Program Manager in writing of his/her intention to claim such additional compensation before he/she begins the Work on which he/she bases the claim. If such notification is not given or the Program Manager 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 Program Manager 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 Program Manager who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and free of defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the Work is found to be defective or not in accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed by law. 50-18 CONTRACT CLOSE-OUT. Subsequent to the final acceptance of this project by the Program Manager, the following requirements must be satisfied by the Contractor before final payment can be made: A. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS. B. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT. C. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. GENERAL PROVISIONS III-18 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase D. If any purchased items have been incorporated in the Work, the Contractor must furnish a letter on his letterhead assigning those warranties to the Property Owner. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. E. In addition to the above, the Contractor shall provide all documents required in Special Provision No. 11 FINAL PAY REQUESTS AND RELATED FORMS. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the Drawings and Specifications, the Program Manager shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation. The conditions shown on the Drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Program Manager shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, Drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Program Manager for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him/her for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50-21 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contract will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. END OF SECTION 50 GENERAL PROVISIONS III-19 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager 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 Program Manager's option, materials may be approved at the source of supply before delivery is slated. 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. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the Work shall be reviewed by the Program Manager before incorporation in the Work. Any work in which untested materials are used without approval or written permission of the Program Manager 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 Program Manager, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the Work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Program Manager 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 Program Manager. 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: GENERAL PROVISIONS III-20 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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/she shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Program Manager shall be the sole judge as to whether the proposed "or equal" is suitable for use in the Work. The Program Manager reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Program Manager 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 Program Manager conduct plant inspections, the following conditions shall exist: A. The Program Manager shall have the cooperation and assistance of the Contractor and the producer with whom he/she has contracted for materials. B. The Program Manager 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 Program Manager, 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 Program Manager shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Program Manager for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Program Manager or otherwise necessary for the proper execution of the Work. At the time of each submission, the Contractor shall in writing call the Program Manager's attention to any deviations that the Shop Drawings may have from the requirements of the Contract Documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Program Manager. GENERAL PROVISIONS III-21 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase The Program Manager's review of shop drawings or samples will not relieve the Contractor from his/her responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Program Manager's attention to such deviations at the time of submission and the Program Manager has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 PROGRAM MANAGER'S FIELD OFFICE AND LABORATORY. The Contractor shall furnish for the duration of the project one building for the use of the field Program Managers and inspectors, as a field office. This facility shall be an approved weatherproof building meeting the current State Highway Specifications (for example, Class I Field Office or Type C Structure). This building shall be located conveniently near to the construction. The Contractor shall furnish a photocopy machine, water, sanitary facilities, heat, air conditioning, and electricity. 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Program Manager. 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 Program Manager. Private property shall not be used for storage purposes without written permission from the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Program Manager a copy of the owner's permission. All storage sites on private property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the Work, unless otherwise instructed by the Program Manager. 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 Program Manager has approved its use in the Work. Pursuant to Section 255.04, Florida Statutes, the use of asbestos or asbestos-based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the Work, except those specified herein (if any) to be furnished by the Owner. Owner- furnished materials shall be made available to the Contractor at the location specified herein. GENERAL PROVISIONS III-22 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used. After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner- furnished materials. END OF SECTION 60 GENERAL PROVISIONS III-23 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the Work, or which in any way affect the conduct of the Work. He 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/herself 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/she shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the Work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. Should the owner of a public or private utility service, 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 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 Program Manager, the Contractor shall make all necessary repairs to the Work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans, or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the Work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's (Sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the Work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the FAA, and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. GENERAL PROVISIONS III-24 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase No requirement of the Act, the rules and regulations implementing the Act, or this Contract shall be construed as making the Federal Government a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 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). 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 Program Manager. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Program Manager 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 GENERAL PROVISIONS III-25 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase manner or method of executing the Work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work, or in consequence of the non-execution thereof by the Contractor, he/she 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/she shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Program Manager and the Owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries (including death) or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the Work; or through use of unacceptable materials in constructing the Work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her Contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he/she is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof a third-party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. No portion of the Work may be opened by the Contractor for public use until ordered by the Program Manager 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 Program Manager, 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. GENERAL PROVISIONS III-26 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Program Manager's final written acceptance of the entire completed work, excepting only those portions of the Work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above causes before final acceptance and shall bear the expense. If the Work is suspended for any cause whatsoever, the Contractor shall be responsible for the Work and shall take such precautions necessary to prevent damage to the Work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under his/her Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, or a utility service of another government agency that may be authorized 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. It is understood and agreed that the Sponsor 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. 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 Program Manager. The Contractor's failure to give the two-day's notice hereinabove provided shall be cause for the Program Manager to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located, and staked on the GENERAL PROVISIONS III-27 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase ground, the Contractor shall be required to use excavation methods acceptable to the Program Manager 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 Program Manager 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 Program Manager continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Contract Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights- of-way upon which the Work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Program Manager, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the Work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the Work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. He/she shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumen, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between federal, state or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: A. Clearing, grubbing, burning or other disposal. GENERAL PROVISIONS III-28 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase B. Stripping, excavation, and embankment. C. Drainage and ditching. D. Aggregate production, handling and placing. E. Cement, lime or other stabilization. F. Concrete and bituminous materials handling, production, and paving. G. Seeding, fertilizing, mulching and use of herbicides or insecticides. H. Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning;job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Program Manager, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control and methods of operations which shall be accepted by the Program Manager. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. A. Control of Water Pollution and Siltation. 1) All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. 2) All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. 3) Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the Project Site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Program Manager and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. 4) Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. GENERAL PROVISIONS III-29 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 5) Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. 6) The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Program Manager. 7) The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. 8) Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. 9) All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. 10)The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. 1 1)Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the Work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. B. Not Used. C. Control of Other Air Pollutants. 1) Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. 2) Grading areas shall be kept at proper moisture conditions. 3) Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. 4) Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. 5) Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. 6) Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. 7) Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. 8) Applications of chemicals and bitumens shall be held to recommended rates. GENERAL PROVISIONS III-30 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 9) Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. 10)Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. 11)When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Program Manager. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the Work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Program Manager. The Program Manager 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 Program Manager order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all subcontracts entered into pursuant to this Contract, that the Contractor and any subcontractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 GENERAL PROVISIONS III-31 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager. 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 Program Manager. 80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. To avoid the Contractor 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) Notices to Proceed will be issued as follows: A. Notice to Proceed — Permits will be issued within five (5) days following award of contract and from which date contract time will be charged. B. Notice to Proceed — Construction: will be issued only after the Contractor has obtained all the necessary construction permits, has sufficient stored materials and has completed all required site mobilization. Notice to Proceed - Construction will state the date on which it is expected the Contractor will begin the construction. See Division IV— Special Provisions, Special Provision No. 2 for further information. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Program Manager's approval within 10 days after the effective date of the Notice to Proceed - Permits. The Contractor's progress schedule, when approved by the Program Manager, may be used to establish major construction operations and to check on the progress of the Work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the Plans and Specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Program Manager'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 Program Manager at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date GENERAL PROVISIONS III-32 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase on which the Notice to Proceed - Construction is issued by the Owner. 80-05 LIMITATION OF OPERATIONS. Not Used 80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the Work to full completion in the manner and time required by the Contract, Plans, and Specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the Work shall be of sufficient size and in such mechanical condition as to meet the requirements of the Work and to produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed work, adjacent property, or existing 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 Program Manager. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Program Manager to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Program Manager 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 Program Manager may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Program Manager 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 Program Manager, 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 Program Manager's order to suspend work to the effective date of the Program Manager's order to resume the Work. GENERAL PROVISIONS III-33 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Claims for such compensation shall be filed with the Program Manager within the time period stated in the Program Manager's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Program Manager will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or 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 Project Site. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the Work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Program Manager. The Program Manager will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the Contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Program Manager 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 Program Manager for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Program Manager will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Program Manager will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Program Manager 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. The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Program Manager's weekly GENERAL PROVISIONS III-34 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the Contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non-work days. All calendar days elapsing between the effective dates of the Program Manager's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. 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 Program Manager for an extension of time setting forth the reasons which he/she 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 Program Manager finds that the Work was delayed because of conditions beyond the control and without the fault of the Contractor, he/she may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the Contract, that any work remains uncompleted after the contract time (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. In addition to liquidated damages, in the event the Contractor fails to reach final completion in accordance with the approved construction schedule for a unit, they will be issued five (5) Deficiency Points (per unit) for each additional day required to reach final completion of the unit. In the event a Contractor fails to reach final completion in the allotted time period of a KWBTS condominium, the Contractor shall be required to provide pre-paid hotel accommodations for the Property Owner(s) (or authorized tenant(s)) at a 4-5 star rated hotel in the Key West or Stock Island area, as well as provide a $100 per diem certificate, for each additional day required to complete the Work. Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the Contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: A. Fails to begin the Work under the Contract within the time specified in the "Notice to GENERAL PROVISIONS III-35 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Proceed," or B. Fails to perform the Work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, or C. Performs the Work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the Work, or 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 1. For any other cause whatsoever, fails to carry on the Work in an acceptable manner. Should the Program Manager 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 Program Manager of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the Work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the Work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Program Manager will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the Work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. GENERAL PROVISIONS III-36 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the Work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the Work and that are not incorporated in the Work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Program Manager. Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the Work performed. END OF SECTION 80 GENERAL PROVISIONS III-37 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Program Manager, 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 Program Manager. 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. 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 Program Manager 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. 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 Program Manager. 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. GENERAL PROVISIONS III-38 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the Work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the Contract, Plans, or Specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Program Manager 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 Program Manager 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 Program Manager's order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the Work prior to the date of the Program Manager's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Program Manager's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra Work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the Extra Work. When the change order or supplemental agreement authorizing the Extra Work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein GENERAL PROVISIONS III-39 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase provided. B. Comparison of Record. The Contractor and the Program Manager shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Program Manager 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 Program Manager 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 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the Work progresses. Said payments will be based upon estimates prepared by the Program Manager of the value of the work performed and materials complete in place in accordance with the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. Upon fifty percent completion of the Work, the amount of retainage thereafter withheld by the Sponsor from subsequent payments may be reduced to 5% of that portion of the gross amount (less reimbursable items) of each monthly payment request certified by the Program Manager and approved by the Sponsor for payment unless the Contractor elected to withhold a higher amount from subcontractors as allowed by law, in which case the higher amount shall be GENERAL PROVISIONS III-40 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase retained by the Sponsor. Upon achieving fifty percent (50 %) completion of the Work, and when requested by the Program Manager, the Sponsor may release half of the amount previously retained. Sponsor reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however, nothing in this Section shall preclude or limit the Sponsor's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Program Manager 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 an insured warehouse located in the project area or at an alternate site approved by the Program Manager. In the event the approved insured warehouse site is not located immediately within the project area, the Contractor will be required to have a minimum of two (2) weeks of required materials stored on site at all times. 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 Program Manager at or on an approved site. B. The Contractor has furnished the Program Manager with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Program Manager with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the Sponsor legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the Program Manager evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the Work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. GENERAL PROVISIONS III-41 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Program Manager's final estimate or advise the Program Manager 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 Program Manager 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 Program Manager's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Program Manager'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 Program Manager's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 GENERAL PROVISIONS III-42 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, Technical Specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract Technical Specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Program Manager that the specification requirements can be met. C. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Program Manager. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract Technical Specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Program Manager. 100-02 DESCRIPTION OF PROGRAM. A. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the Technical Specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the Technical Specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Program Manager prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Program Manager for review at least GENERAL PROVISIONS III-43 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase seven (7) calendar days before the Preconstruction Conference. The Quality Control Program shall be organized to address, as a minimum, the following items: 1) Quality control organization; 2) Project progress schedule; 3) Submittals schedule; 4) Inspection requirements; 5) Quality control testing plan; 6) Documentation of quality control activities; and 7) Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03A and 100-03B. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: A. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 10 years of experience in construction and shall have had prior quality control experience on a project of comparable size and scope as the Contract. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the Contract Plans and Technical Specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians GENERAL PROVISIONS III-44 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase necessary to adequately implement the Quality Control Program shall be provided. These personnel shall have a minimum of 5 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1) Inspection of all materials, construction, plant, and equipment for conformance to the Technical Specifications, and as required by Section 100-06. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the Work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the Contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the Contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the Contract. 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals and shop drawings required by the Technical Specifications. The listing can be developed in a spreadsheet format and shall include: A. Specification item number; B. Item description; C. Description of submittal; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper GENERAL PROVISIONS III-45 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase operating condition and to ensure that all such operations are in conformance to the Technical Specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. Not Used 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features and must include a statement that all supplies and materials incorporated in the Work are in full compliance with the terms of the Contract. Legible copies of these records shall be furnished to the Program Manager daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the Contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Program Manager. These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: 1) Technical specification item number and description; 2) Compliance with approved submittals; 3) Proper storage of materials and equipment; 4) Proper operation of all equipment; 5) Adherence to plans and Technical Specifications; 6) Review of quality control tests; and 7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Program Manager shall be provided at least one copy of each daily inspection report on the work day following the day of record. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the GENERAL PROVISIONS III-46 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Quality Control Program as a whole, and for individual items of work contained in the Technical Specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the Technical Specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE PROGRAM MANAGER. All items of material and equipment shall be subject to surveillance by the Program Manager at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable Technical Specifications and Plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Program Manager at the site for the same purpose. Surveillance by the Program Manager does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. A. The Program Manager will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Program Manager or his/her authorized representative to the Contractor or his/her authorized representative at the site of the Work, shall be considered sufficient notice. B. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Program Manager, the Program Manager may: 1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. 2) Order the Contractor to stop operations until appropriate corrective action is taken. END OF SECTION 100 GENERAL PROVISIONS III-47 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) Not Used SECTION 120 NUCLEAR GAUGES Not Used GENERAL PROVISIONS III-48 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 130 GENERAL PROVISIONS III-49 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Owner 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 Owner as satisfactory evidence of the required insurance either: • Certificate of Insurance, or • A certified copy of the actual insurance policy. The Owner, 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 Owner by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this Contract or imposed by law. The Monroe County Board of County Commissioners, and Key West by the Sea Association, Inc., their employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Contractor shall ensure all sub-contractor's agreements require the subcontractor to list Monroe County and Key West by the Sea as "Additional Insured" on all policies, except for Workers' Compensation. GENERAL PROVISIONS III-50 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County-prepared form entitled "Request for Waiver of Insurance Requirements" and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage marked with an "X"will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits WC1 Employer's Liability ELOLW\ $100,000/$500,000/$100,000 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Same as Employer's Liability Workers Act WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal injury • Expanded Definition of Property Damage Required Limits: $100,000/person; $300,000/occurrence GL1 $ 50,000 property damage or $300,000 combined single limit $250,000/person; $500,000/occurrence GL2 $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $_100,000_property_da_mage or ........... $1,000,000 combined single limit GENERAL PROVISIONS III-51 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned, Non-owned and Hired vehicles Required Limits: $ 50,000/person; $100,000/occurrence VLI $ 25,000 property damage or $100,000 combined single limit $100,000/person; $300,000/occurrence VL2 $ 50,000 property damage or $300,000 combined single limit $ 500,000/person; $1,000,000/occurrence VL3 X $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS III-52 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase MISCELLANEOUS COVERAGES REV. 09/12 BR1 X Builders' Risk Limits Equal to the risk completed project MVC Motor Truck Cargo Limits Equal to the max. value of any one shipment PR01 Professional Liability $250,000/occurrence PR02 $500,000/occurrence P R03 $1,000,000/occurrence P01-1 Pollution Liability $500,000/occurrence POL2 $1,000,000/occurrence POD $5,000,000/occurrence ED1 I Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 $25,000/vehicle GK2 Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 Medical $500,000/$1,000,000 Agg. 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 Caro $500,000 (Requires MCS-90 VLP3 Transporter $1,000,000 (Requires MCS-90 BLL I Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 AIR1 I Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS III-53 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the Contract and will comply in full with all the requirements. Bidder Signature GENERAL PROVISIONS III-54 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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: • $1,000,000 Bodily Injury by Accident • $1,000,000 Bodily Injury by Disease, policy limits • $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the Contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-V1 as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida Department of Labor as an authorized self-insurer, the Owner shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the Owner. GENERAL PROVISIONS III-55 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 and Key West by the Sea Association, Inc., their employees and officials will be included as "Additional Insured" on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-56 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 and Key West by the Sea Association, Inc., their employees and officials will be included as "Additional Insured" on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-57 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall be required to purchase and maintain, throughout the life of the Contract, and until the project is accepted by the Owner, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: • Theft • Explosion • Aircraft • Fire • Windstorm • Riot • Vehicles • Collapse • Hail • Civil Commotion • Smoke • Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the Property Owners to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners, and Key West by the Sea Association, Inc., their employees and officials will be included as "Additional Insured" and "Loss Payee" on all policies issued to satisfy the above requirements. Prior to the issuance of the Notice to Proceed - Construction and commencement of work governed by this Contract, the Contractor shall obtain Builder's Risk Insurance. The Contractor shall provide to the Owner as satisfactory evidence of the required insurance either: • Certificate of Insurance, or • A certified copy of the actual insurance policy. GENERAL PROVISIONS III-58 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase ASBESTOS ABATEMENT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the installation, removal, transporting or disposal of asbestos material, the Contractor will purchase and maintain Asbestos Abatement Liability Insurance with limits no less than $2,000,000. If the policy is structured on a "Claims Made Basis" the policy must contain a "Retroactive Date" of no later than the commencement of work and will have an extended reporting period of four (4) years. The Monroe County Board of County Commissioners, and Key West by the Sea Association, Inc., their employees and officials will be included as "Additional Insured" on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-59 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 150.01 DEFINITIONS OF TERMS. The terms used in this program have the meaning defined in 49 CFR Section 26.5. 150.02 OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23) The Sponsor has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance from the Federal Aviation Administration, and as a condition of receiving this assistance, the Sponsor has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in FAA-assisted contracts. It is also their responsibility: A. To ensure nondiscrimination in the award and administration of FAA-assisted contracts; B. To create a level playing field on which DBEs can compete fairly for FAA-assisted contracts; C. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; D. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; E. To help remove barriers to the participation of DBEs in FAA-assisted contracts; and F. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Airports has been delegated as the DBE Liaison Officer. In that capacity, the Director of Airports is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Sponsor in its financial assistance agreements with the Federal Aviation Administration. 150.03 NON-DISCRIMINATION (Section 26.7) The Sponsor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the Sponsor ill not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. GENERAL PROVISIONS III-60 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 150.04 DBE PROGRAM UPDATES (Section 26.21) The Sponsor will continue to carry out this program until all funds from FAA financial assistance have been expended. They will provide to FAA updates representing significant changes in the program. 150.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE (Section 26.13) The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and their administration: The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FAA-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of FAA-assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry out its approved program, the FAA may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 150.06 REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29) Contract Assurance The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract and subcontract: A. Nondiscrimination - The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments, 2. Assessing Sanctions 3. Liquidated Damages, and/or, 4. Disqualifying the Contractor from future bidding as non-responsible. B. Equal Opportunity — DBE Obligation — The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. C. Failure to Carry Out DBE Obligations — All bidders, potential contractors, or subcontractors for this FAA-assisted contract are hereby notified that failure to carry GENERAL PROVISIONS III-61 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase out the FAA policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. D. Prompt Payment - The Sponsor will include the following clause in each FAA- assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 working days from the receipt of each payment the prime contractor receives from the Monroe County BOCC. E. Retainage - The prime contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the prime contract has received payment from Monroe County, which includes any release of retainage. F. Prompt Payment Monitoring - In order to ensure subcontractors have been promptly paid by the prime contractor within 30 days of receipt of payment from Monroe County, the prime contractor must submit documentation of prior subcontractor payments and dates with their pay requests. The Airport retains the right to audit a contractor's books and records to determine the accuracy of the information reported. A Subcontractor Prompt Payment Form that can be used for this monitoring will be provided to the awarded prime contractor. 150-07 OTHER CONTRACT PROVISIONS A. DBE Certification - DBEs must be certified by a member of the Florida Unified Certification Program (UCP) and be included in the Florida UCP DBE directory at the time of the bid opening. Florida UCP DBE Directory website is: https://fdotxwp02.dot.state.fl.us/EgualOpportunityOfficeBusinessDirectory/ B. Bidders List. If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each FAA-assisted contract. FAA's "Sample DBE Program" interpreting 49 CFR Section 26 .11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. Recipients that choose to use another method would not include such a clause in their FAA-assisted contracts. C. Good Faith Efforts. In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every FAA-assisted contract but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those FAA-assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has GENERAL PROVISIONS III-62 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase satisfied these requirements. The sample specification is intended for use in both non-construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for architectural/engineering and other professional services, and in other covered solicitation documents. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. The bidder/ offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4) and (5) if the contract goal is not met, evidence of good faith efforts. DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26, "How is DBE participation counted toward goals?" or 26.53(g), both of which are included as Attachment 2. D. DBE Compliance. The contractor will be required to submit the following forms as part of their DBE contract compliance; 1) Proposed DBE Utilization Form within seven days of the preconstruction conference. 2) DBE Identification Form within seven days of the preconstruction conference. A separate form should be completed for each DBE firm. 3) DBE Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 of these forms is due by the 101h of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 should be submitted when final payment has been made to the DBE firm. 4) DBE Expenditure Report Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. 5) Final Report Utilization of Disadvantaged Business Enterprises (DBEs) Form with the final pay request. GENERAL PROVISIONS III-63 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION For the FY2020-2022, the Airport has established a triennial race-neutral goal of 23.2% for the utilization of DBEs on all federally funded contracts. The undersigned bidder/ offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/ offeror is committed to a minimum of % DBE utilization on this Contract. The bidder/ offeror (if unable to meet the race-neutral DBE goal) is committed to a minimum of % DBE utilization on this Contract and submits documentation demonstrating good faith efforts. Please refer to 49 CFR Appendix A to Part 26—Guidance Concerning Good Faith Efforts. Name of bidder/ offeror Is firm: State Registration No. By Signature Title GENERAL PROVISIONS III-64 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase ATTACHMENT 2 LETTER OF INTENT Name of bidder/ offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/ offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the Contract for the estimated dollar values as stated above. By (Signature) (Title) If the bidder/ offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each DBE subcontractor and attach copy of FLUCP DBE Certification.) GENERAL PROVISIONS III-65 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase r Key West IDI7ternat'ionall&Florida bees Mar'athilorl Airports DBE Progrann PRCMIOSED EMB IE',IuTIIILMATITMNR DISADVANTAGED B U5INIlESSE'RUTERPRISIE',MB t)P'ARLTIDIIW.A-nJDN THIS FORM MLRST RIE:IFIRILILYCOMMPILIETECY FAIR EACH PROP€ISECIDIRE NTRAI rOR/SUBCOI9UrrRAI:MA:ARiID SUBMITTED INO, L,ATER:'T'HAN"7 CKAYS-FROM TFME'IPRE'CONISTIRUCTION CONFERENCE TO THE':IENRGBI¢RIEE'RARCHIT'E'CT PROJECT IMAM IE:: RPRTNAME: ,HIP PROJECT INIMIMIIMIRERI:,, P'RIIIMIE CONTRACTOR: ADDRESS::: CONTACT RANGE: TE',IL/FWEIMMAK: DMRE',GOAL FOC R PROJECT:: IIICMEUI111F'IUTIFI�F'QRIRE:FIIIPiMMS'T�IP'�,IRTIEIP��:T1E IhI�7gNsMRRa'S�T 11P'RlptidIIIDE'.IF 'iR:IEw'IiCFM ICIMM'E'.:F'IIRIIH,MM IIINTE'.I IDWEDgTO PERFC3RMR IIN➢IAT',IITR 1., NAMIE MTF IGIiE IFIRMU: EST(IR TEIC4 PARTINCIIIP'ATUOIM: ESTIR ATEID PERCENTAGEOfTOTALPRCUECT::: M& M7VER'VIIIEW of WORK TO BE PERFORMED: 2. INAME OF ICIIlE(FIRM: ESTIR ATEICV PARTICIPATION: ESTWATEIDPERCENT ECIFTOTALPROJECT:: % OVERVEEIMOf WORK TO BE PERFORMED: IPROPM7',x'ED ME',UTILIZATION,PORM NF ML Of 2 GENERAL PROVISIONS III-66 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase r 1 Key West llinternatiolniall&Flotilla Keys MarathiI Rn Airports D IIIBE Prograrn PROPOSED BIIBIE',IBMRIIILEZATIONI IMSAD VANITAGECI BUSINIESS ENITERRPIRIISIE',IDBEI PAR TKIcIPATIIO'NII 3. INAME ITF IaMIE IFIIRM: ESTIMATED PART UIIP'ATI'ON:$ ESTIMATED PEIRCE'NfTAGE Of TOTAL PROJECT: OVERRWHEW Of WORK TO BE PEAR,FCI'RI.MIED: 4, INAME ITF IaMIE(FIRM: ESTIMATED PART UIIP'ATI'ON:$ ESTIMATED PEIRCE'NfTAGE Of TOTAL PROJECT: OVERR"r7•IIIENIeq'Of WORK TO BE PEAR,FCI'RI.MIED: The undersigned certifies tlwe intent of the Prinne Contractor to eater iiuml¢o...a contract with the ICII9�E C ontractm rl'S�eboantracbur try... IPrmiide the 2itmm-ir vnerndedwork'wao6swtedvAth this project. II of Prime Cia�rntiractuT natwure DI IP'riint,N time amid'Title NOTES: 1., THIS FORM 115 DUE RIB ILATE',IR:'T'IfAIN 7 DAWS FROM THE!IFIRECEINaSTRRRRMON CONFERENCE 2. CHSTIRIIILMIM ORIGINAL AND ONE COPY TO ENG;INIIEE�RI'ARCHIT'E�Cf 3., A II IIDENMIFI'CATIM FCIRRM MUST BE SIU®NATTTEIS FOR ALL PROPOSED I PROPOSED CWEIE',UTILIZATION,FORM IF1mre 2,of P GENERAL PROVISIONS III-67 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j Key IIIrLternationlall&Florida Keys Marathioon Airports DIIIBE Program PROPOSED DKO E',ILRTIIILETrATICTIH CNSADVAINTA GED BUISINIIIESS ENTERPRISE',fbBEj PAKrR:IIPA-n]DPMI THIS F4 RIM MUST®EI FULLY COMPLETED FOR.EACH PRYDPOSED DOE!EONTRACTOIRd15EJl NTR AND SUBMITTED IEkC, LATER THAN 3 DAYS FROM THE IP'PECOONSR UCTCOH CONFERENCE TO THE ENGIIIMMEERIAM CHIITIECIT I INAMI+4E: AMRP RT'NAT«,ME: AMPINUMBER::: PRIME R: ADDRESS CONTACT NAME: TE',IL/FItiYVEMaMA L:: Ct13E',GOAL FOR PROJECT 9& ffRnW1101MXLWMVSj IDENTIFICATION OF DOE'FORMS TO IP'AIRTICIIPATE IN COMAiCT I'PRiCIN1fiIIC4E'.IP�INi IEihiCH ICiIIME'.FHW'TUI IIIkMTE:FIf7WECP TT7 PERF'L1IRNwA III f'If1RtJhiC'If'P�: MMAMMME MTHF IgOE IFIRMIM: ADDRESS CONTACT NAME: TEIL,MFItiMC,a"EMaMA L:: MMAMMME GT AGENCY WHERE!CEMITIFRIIED: EXPIRATION DATE"OF DOE CERTEIFIICATE: 15 CCPh OF DUE CERTIIIFII'CATIE.ATTACHED HERETO?' ESTIMATED PARTICIPATION IP'ATION IM'h THIS I CONTRACTOR AT INN T'IAL/O FIGIIMMAIL BID 1. WAS THIS DIME',CONTRACTOR INCLUDED IIIN IIINITM BID OF PRIME CONTRACTOR? IF AH WEIP:I5 NO,PRRW OUNTRACTOR MUST PMI:MT«e'MDE SUIEST1TUTICON LETTER TO EXPLAIN REASONS FOR I GFOTHER LB1E AMNTRACTORANDMR ADDITION OF THE DOE CONTRACTOR. 2., EST IMATE',ID,PA KnrJIIP'19TI' N AT IIIMiITLA!L®MICA:$ 3., ESTIMATED PERCENTAGEOF TOTAL PROJECT FOR THIS DOE MTP.T TOR: MM 4, IpETAIRLSPEC111F11'CWOB:X'TOIDEPERFDRMMM D: IDLE IDENTIFICATION FBI IPasx I or IF GENERAL PROVISIONS III-68 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase f1, j Key West llinternationiall&Florida Keys MarathiOon Airports v DIIBE Prograim PROPOSED EKBE UTILEZATION INSADVANTAGED BUISINIIESS ENTERPRISE fbBEj PAKrrciPA-n0N 1. ST THEJUPA UIIPAT CON.AT PRE�CONirMLtnOFICONF:E:REfiCE:$ 2., ESTIMATED KRCENTAGE OF TOTAL PME�CT FOR THaS DBE C04MACTDR: Ili 3., IDETAILSPEa]IFIICVXM:X�TOIRKRFDRkffD: INamie of DOE Contr2etor/Subcontr2cftr SiGn2tuire Date Priht N2ime 2nid Title The un�denigned certifies t:he intent oft:he Pirime Cbmt:mctor to enter into 2 ceintinict with the DBE Ccintmctar/5ubmntMCbUr ta 1p'raviide the;ibmm-referenmd work zsod2rted with this 1project. INamue of Prime Comtr;ictor scsn2tuire Date Prfint:142me 2rmd Title NOTES,:: 1., THIS FORM 115 DUE NO ILATE:IR:THAN 7 DAYS FROC M THE PRECONSTRUCTION CONFERENCE 2., DISTRIOLMON:GRIONAL AND ONE COPW TO ENQUEERIARCHITECT 3., A IDISE IDENTIFICATIM FORM MST BE SUISM7TED FOR ALL IP'ROPOMD IDOES DBE IDENTIFICATION FBI IF ase 2 or 2 GENERAL PROVISIONS 111-69 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j Key West IIIrIternatiolniall&Florida Keys MarathOCImI Airports D IIIBE Prograim DES',PAYMENT CEIRTIFI+CATICIRII INSADVANTAGED BUISINIIIFSS ENTERPRISE', BE't PAK rC1P.PITI0N THIS 15 TO CERTII PI THAT auaw,u JMVMCNPs R ECEIIV ECN VAOITHUL OR i(IFI11NALp PROGRESS PJF UEINT OF: C011"C:cu,re,HIQ ON FROU AM rc` duw lffl: nM rACM:P, IFORI.LABOR Ad14ID MATERIALS IISEEp ON: PROJECT NAME: AIRPCrRT': A,MORT'PROJECT NUMBER: SFGNEEIBTOFFIICLALOF'PRIME CONTRACTOR: PPnIIMEWCADN7R&C7EIRSI&N 71LIFLE: TITLE: PERtSONALILM NCI°I JWIMI'TO ME: DRIVER'S(LICENSE II UIM1 BEIP, TJTFIIER IICDEIP^ITII FIICATIIODI: 50MR1I ARIIDS SUBSCR BEID BEFOIRE IME THIS: IDAYOF 20 W14411 N uu,NA�rGIMIRIM ,�,mu��¢vs ,nrrdvv ur�ar 70T'AL IPAII CJ'TO THIS ME',THIS 1MON'rHl: 70TAL IPRE"OU SLY PAID 70 THIS USE: TOTAL IPAII d TO THIS COIIIE TO ICATIE',: SFGNED BY OFPIRCLA L OF DBE C ONT RAC D L CIEE pCO1M7R,EUC7ICIR SII&NA7URIE: TITLE: PERtSONALILM NCI°I JWIMI'TO ME: DRIVER'S(LICENSE II UIM1 BEIP, TJTFIIER IICDEIP^ITII FIICATIIODI: 50MR1I ARIIDS SUBSCR BEID BEFOIRE IME THIS: IDAYOF 20 W1441 N MNA�retuedRIiM ,�,mu��¢vs wn;rdvv ur�ar FROIPO HD IWIfSE U71ILJcIkn70fi FPORI R Rlzr IL iar Y GENERAL PROVISIONS III-70 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase f1, � 1 Key West llinternationiall&Florida Keys MarathiOon Airports v DIIBE Prograim DES',PAYMENT CERT1FIJCA'n0NI INSAIDIVANTAGED BUISINIIESS ENTERPRIM fbBt)IPAKTIIiCIIPA-n0NI TOTAL OF:ALL PROUESS PATMEINTS: RETAINAGIE rAUH-HELD: &MID A'17H-HUD�: PIRGUIECT SUMMARY FM-. OAK Cf�IMMRACM:P ESTIMATED PARTICV13ATION M' THIS DBE COINTIRAC70R AT INITIAL BID: I ESTIMATE D PARTIO PATION,BY THIS DBE CONTRACTOR AT IINI171AI BID: 2 ESTIMATE D PERCENTAGE OF 70TAL PROJECT FOR THIS DIME CONTRACTOR: I% ACTUAL MATICIPAMN BY THIS D&E CON,7RACTUR AT FINAL CON'TRACT CLOSEOUT: B. ACTUAL PARTICIPATION BY THIS DBE CON7RACT`01k� :$ 4, ACTUAL PERCENTAGE OF FINAL CONTRACT AMOUNT FOR THIS IDBE CON7RACTOK� EX�PLAI N A,NY UfFEIRIENCIES&ETWIEEIN ITEMS I&5(OVEIRRILIV5 OR UNIDEIRRIUMS ON MIS DBE COPMRACTOR ON THIS PROJEUI� EX�PLAI N ANY IffFERIENCIES BETWEEN IMAS 2&4(ES711MATEP(INITIAL BID PARTICIPATION IPEIRCEIPNTAGIE ON'THIS DIRE COURACOR VE,RSUS ACTUAL PAR71CIlIPATNOIVPE�RCE�-0'47:AGE IBY THIS DISIE CONTRACMR�: NOTES, 1 PAGIE 1 OF THIS FORM IS DUE BY THE 10h OF EACH M017K AFTER IDBE STARTS WORIK'WHETHEIR PAYME N7 115 MADE BY PRIII'Af CONTRACTOR OR NOT 2 13157RIBUTIOIC ORIGINALAND ONE COV11TO ENG,11N EEIR,(ARCH17ECT. B. PAGIE I OF THIS FORM 11570 BE PROVIDED UNTIL FINAL PAYINIEN7 HAS SIEEIN MADE TO THIS DIBIE C0PffRk)C7OR. INCLUDING AITi PAYFAUff OF:ANY RMINAGE. 4, INCLUDE PAGE 2 OF:THIS FORM ON LY U POIN FINAL PROGIRIES5 PANIMEW 70 THIS DBE CONRACTOR. FROPOHD IDIRE UMILZ.70N FORIM Rlzr 2 ar Z GENERAL PROVISIONS 111-71 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j Key West IllrtteM°natiolniall&Florida Keys M arat IOLMMM Airports DIIIBE Prograim CPIHE EXPENIXTURE REPORT CNSxA,DVANTAGECM BUISINIIESS EMITEMMPRJSE', Bt)PAKrrcIIPATnO'MMI TFHS FCIEMe9 MUST BE COMAPILETE;n IIN FULL AND SUBMITTED BY THE!PIkMMJIE COMPMACTOR FOR EACH DBE FIRM I.JSE;D, "6Mh"iITH EACH PAY REEDIEST MADE BY THE IPMPoIIIW CiONTP'ACTCt•••It PROJECT INAAME: AIRPORT NAME: AMP IPROJECT NUMBER::: PRIME R: ADDRESS° DBE', H' ADDRESS:: P'RUMME CMrRACMR IPAY REQUEST NUMBER: TOTAL ESTIMATED DBE COMPACT PARTICIPATION FOR THIS DBE C:09MTPACTOR: P'ERI ENTAGE',CIE'TOTAL C0rMln R ACT: COWM.AiCT DESMPTICIH OF WORK IP'ERIFORIMaMED,BY CBE',CCIMMTRAC ITIEMJ IJIMIIT ITEM ITIEMING.. QUANTITY PRICE MAOUNT IAttadM p2gem ym needed to drt,2l waark performed) TOTAL AMOUNT MIT REMIEMD,BY IDBE'THIS IMIVOICE',IAJ D ITfEM»M AAVWM: TOTAL AMAOICIMIT PIMEW11OUSILY IRfQIJIESTIED BY DOE 11FIPICIPArM PPJ'OR PAY REQUEST: TOTAL AMOUNT HEMI,UESTE(D BY DBE'TO DATE`„ � IV?'CE IEXPEHLtiflURE',REPORT IFORPA IFase E,or GENERAL PROVISIONS III-72 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j Key West llinternationiall&Florida Keys M arathito a Airports DIIIBE Prograim DBE EXPENIXTURE(REPORT I]N5iADVANTAGED BUISINIIESS ENTERPRISE fbBt)mlirriciPATIND'RNI The undersigned certifies thank throe DBE',Cbrtmcbw(has successiullY crsmrp6eted tlhe Saba refkrernmd w rk,asserd d with this (Project lard Further assures tlhat safd DBE',Cbrtradmc will be Ipaid in Iffu!Rq for the amur�uurit indicated above for said serariciEs. If4ammue of Prime Ctr�r2iractor SiGnatuure IMe IP'riht PNanne and Title IfJf1E'. mtirn,etimr"s rdlf�ot5ra�e IlmtCrrrmratiii�mvn;�, IlNamt�eaf'Agencyr YAcrirIDMEGorvtr'axtorCerti�ffied: Gertrtifiicate Number: Expiration IClate of DBE ificate: IRlam iie of DOE'Cantm#rtmr S�Gnatuire IMe IP'riht PNanne and Title NOTES: 1., THIS FORM 115 DUE WITH EACH PAY REQUE5 r 2. IDISTRIlRI,MW3wIfi bR'11Gf.'INALAND ONE CEPWTO ENQUEERIAIRCIHIITi'ECT (DBE IEXPENDFURE',REFOU IFOR.PA IPase 2,or Y GENERAL PROVISIONS III-73 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j Key E"5t IIIrOternatiolniall&Florida Keys MarathIIUn Airports DIIIBE RMrograim FAL IHEPCD'OLT—LHTIILIIZ,T Ca'F D7' Ez INSADVANTAGED BUI IN IESS ED>aI1TERPITIM fbEI PAwrrcIIP.A-n0'Nll THIS:FORM MUST BE!FULLY COMIPLETED FOR EACH DEE C011MACrORMBICONMACTOR THAT lPASIT'IEIPATED,IIIH'THE CONTRACT AND,SUBMITTED WITH FINAL PAY IPEQIUIE5T FOR IP'IDIIIMdIE',C;CIMI'MCTIURI: PROJECT IHAIME: JMRPOPT NAME: ,SOP PROJECT IHIUM>IlDEPPo:::: PRIME R: ADDRESS: CONTACT NAME: TEIL/MC,a"EIlaIA L:: DIISE',GCIAAL FOUR OPROPIEICwTI:: SS IFRau oo�irICALUiMMI IDENTIFICATION OF ACTIUAL,D'ISE PEIDFORMIMICE PPIG�'re"I[1kE FCVF%.E,d.CJHI[Svl�FIPRtiI TH.iDT IP'fTI�C1P.�TEia IH CCh••••P�TTCT1::�. 1. IHAMsIE GF IGIBE IFIRMrO: ACTUAL PA ITICIPrRT1q M: ACTUAL PERCENTAGE',OFTT.T ALP OJIIECT:: 'SS OVERVIEW Of WORKIPEIPTOPMrIE;DS: 2., IHAMoIE CRf ICIBE IFIRMrO:: ACTUAL PASITICIPATI(MI: ACTUAL PERCENTAGE OF TO ALPIG0MCT:: S� OVERVIEW Of VMRKIPEIPfORMED3: 3., IDIAME ITF ICIBE IFIRMrO: ACTUAL PASITICIPAINMDI: ACTUAL PERCENTAGE OFTTITALPIGORCT: 9& O ERVIIIEW Of WORK IPEIPfORMrIED: IPRCPOSED DE'E',UTILIZATION,PDRNII Fag I or Y GENERAL PROVISIONS III-74 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 1, j KEG+West IIIrOternatioIni ull&Florida Keys M arathio n Airports DIIIBE RED"IograTOT F AL IREPOOLT—LITILIZATHM OF LOBES INSaADTWOANTAGEDI BIIISINIIESS EDNTERPRIISIE',ME)P'ARTIICIIPATION 4,, INAME If IgME IFIRDA: ACTUAL PAPTICIPATON: ACTUAL PiERCENTAGE',OF TOTAL PROJECT:: 'TS OVER"r7•IIIEOIIq'Of WORK IPEIP:TORMED7: 'SOlIIr71i1WA,.RM'dTIF JDeCTAIAL IgDIJE NJTIIL TNC4B1 D�C4It.IPid'CUJE�CIf::: ACTUAL PARTIC�IPATKYN:: ACTUAL PERCENTAGE',Of TOTAL PROJECT:: ECT:: � PRDI"IIIIM EXPLANATION Of ANM DIFFERIENCM FROM IERDIPRCOPLNSEIq DBE UTILIZATION::: OrrAr9a:aetTMAawu.,xxsimatis,.MMDMa , Thw undersigned certifies thr'i�s IFliinaA Report on the LNtili'satiLr�e arF Dbi�zadMar�rt�agead B�w�wriilmesz ErvterlP�ris s for t:hnis puinjert,. INam iue of P16rrme Comtlr2ctor Siznatwure IDme IP'riimt:Name arnd Title INOTES: 1., THIS FORM 115 CJIJE WITH FINAL PAY REQUEST IFOR IP"IPIIIINIE CONTRACTOR 2., IDNSTRIBLMO ORIGDINAL AND ONE CM TO ENCANIIEE:RARCHIIT'E:CT 3. THE Q'afilz SHOWN ON THIS FORM SHOULD BT THE SAMEASTIH�OS�E GRIGMALLYILII�MID,UNLESS ANAVITHORIZIECI SI STITLITIGN WAS ALLOWED,CND TIHIE,CONTRACTOR USED,RUMORE',DS s ANU ADDITIONAL,D ZEs WERE:ADDE[)q., 4, THIE DOLLAR AMOUNT'SHIJLIILIq,REFLECT ANY CHA GESIIdIJ'a1Cl'E',IIINIP'LANN;EDWORKD3V9•••MEBYTIHEDME'.. 5., THE CONTRACTOR SHOULD E;XPIANN IIN WRITING WHY THE INAMES OF THE SUBCONTRACTORS TIME WORK ITIEM6 OR DOLLAR FIIG,WPIE5,A�RE 011IFIFIERENT FROM WHAT WAS �GINALI-V SHKYWiN OhN THE IDME',BIDDER INF�oR�mATIoN SUBMITTED WITH THE PRIME CONTRACTOR'S 111NITIALAMMINAL BID TO MONROE COUNTY ANIDAM THE COMPLETED 'IPROPOSEDIDBEUTILDZA.TIONIFORInM"AND'"DBE',IDEINTIFICATICONFORM.' B,, ANY WRITTEN E.'d1PLAY6iMON SHOULD,B,EATTACHED,TOTHIS FORM PRIOR'70SUBMITTAL IFRCFOSED DEE UTILIZATION FilRM IFav:2 of T GENERAL PROVISIONS III-75 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 160 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 160-01 LABOR PROVISIONS A. DAVIS BACON REQUIREMENTS - Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29 CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. 1) Minimum Wages (a) All laborers and mechanics employed or working upon the site of the Work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under A. 1) (b.) of this Section) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. (b) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: GENERAL PROVISIONS III-76 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase • The Work to be performed by the classification requested is not performed by a classification in the wage determination; and • The classification is utilized in the area by the construction industry; and • The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (i i i) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs A. 1) (b.) (ii.) or (iii.) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has GENERAL PROVISIONS III-77 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) 2) Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3) Payrolls and Basic Records. (a) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number 1215-0140 and 1215-0017.) (b) (i) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, GENERAL PROVISIONS III-78 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH- 347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: • That the payroll for the payroll period contains the information required to be maintained under paragraph c.(1) above and that such information is correct and complete; • That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; • That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (i i i) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph A. 3) (a.) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. GENERAL PROVISIONS III-79 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 4) Apprentices and Trainees (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved GENERAL PROVISIONS III-80 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. 6) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. 7) Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. 8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. 9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. GENERAL PROVISIONS III-81 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 10)Certification of Eligibility. (a) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). (b) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. B. The following clauses in paragraphs 1), 2), 3), 4)., and 5). below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. 1) Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1'/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. 2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. 3) Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. 4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the GENERAL PROVISIONS III-82 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. 5) Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. C. Veterans Preference. In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 160-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1) As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this Contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; (c) "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; (d) "Minority" includes: (i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); (i i i) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each GENERAL PROVISIONS III-83 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase subcontract in excess of$10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographical area where the Work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. 6) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7) The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: GENERAL PROVISIONS III-84 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made GENERAL PROVISIONS III-85 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Q) Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m)Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of GENERAL PROVISIONS III-86 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is underutilized). 10)The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11)The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12)The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13)The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14)The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the Work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the GENERAL PROVISIONS III-87 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1) COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2) NONDISCRIMINATION. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix 3 of the regulations. 3) SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5) SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or GENERAL PROVISIONS III-88 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (b) Cancellation, termination, or suspension of the Contract, in whole or in part. 6) INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Equal Employment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising that said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6) In the event of the Contractor's noncompliance with the nondiscrimination GENERAL PROVISIONS III-89 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre-Construction Conference. E. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended). 1) The offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: TIMETABLES: Goals for minority participation for each trade 30.4 % Goals for Female participation in each trade 6.9 % These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the Work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non- federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the GENERAL PROVISIONS III-90 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3) The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4) As used in this notice and in the Contract resulting from this solicitation, the "covered area" is in Key West, Monroe County, State of Florida. F. Required Reports. 1) Monthly Employment Utilization Reports (SF 257). This Report is to be prepared on Form CC 257 (Rev. 9-78) and sent to the Area Office, Federal Contract Compliance Program (OFCCP) that serves the geographical area in which this project is located. The Report is due by the fifth day of each month after work has commenced. The Contractor will be advised further regarding this Report including the address of the OFCCP Area Office, at the Pre-Construction Conference. 2) Annual EEO-1 Report. Contractors/subcontractors working on Federally- assisted airport construction projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: (a) Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5, (b) Number of Employees. Has fifty (50) or more employees, (c) Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and, (d) Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of GENERAL PROVISIONS III-91 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3) Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Non-Segregated Facilities. 1) Notice to Prospective Federally-Assisted Construction Contractors. (a) Certification of Non-Segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. (b) Contractors receiving federally-assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. 2) Notice to Prospective Subcontractors of Requirement for Certification of Non-segregated Facilities. (a) A Certificate of Non-Segregated Facilities must be submitted prior to the award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving federally-assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. GENERAL PROVISIONS III-92 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Signature of Contractor Title 160-03 MISCELLANEOUS CONTRACT PROVISIONS A. Airport Improvement Program Project (AIP). The Work in this Contract is included in AIP Project No. 3-12-0037-To be Determined-2022 which is being undertaken and accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. B. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. C. Veterans Preference. In the employment of labor (excluding executive, GENERAL PROVISIONS III-93 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. D. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. E. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: 1) is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. 3) has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the Contractor, if at any time, it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. GENERAL PROVISIONS III-94 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. F. Subcontracts. The Contractor shall ensure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 H. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion: The Bidder/ offeror certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. I. Copeland Anti-Kickback Act Contractor must comply with the requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. GENERAL PROVISIONS III-95 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase J. Breach of Contract Terms Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide [Contractor I Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor I Consultant] must undertake in order to avoid termination of the Contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the Contract. The Owner's notice will identify a specific date by which the [Contractor I Consultant] must correct the breach. Owner may proceed with termination of the Contract if the [Contractor I Consultant] fails to correct the breach by deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. K. Title VI Solicitation Notice: Monroe County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. L. Compliance with Nondiscrimination Requirements During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor') agrees as follows: Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. Non-discrimination: The Contractor, with regard to the Work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. GENERAL PROVISIONS III-96 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non-discrimination provisions of this Contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Withholding payments to the Contractor under the Contract until the Contractor complies; and/or Cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. M. General Civil Rights Provisions The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and sub-tier contractors from the bid solicitation period through the completion of the Contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. N. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); GENERAL PROVISIONS III-97 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase • 49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); GENERAL PROVISIONS III-98 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). O. Contract Work Hours And Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. P. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Q. Distracted Driving In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the Sponsor encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. R. Energy Conservation Requirements Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. GENERAL PROVISIONS III-99 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 6201 et seq). S. Federal Fair Labor Standards Act (Federal Minimum Wage) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division T. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. U. Occupational Safety and Health Act of 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. V. COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS AS SET FORTH IN 2 CFR§200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. GENERAL PROVISIONS III-100 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase W. Termination of Contract Termination for Convenience: The Owner may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the Work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the Work and as directed in the written notice. 5. Complete performance of the Work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this Contract that Owner will take possession. Owner agrees to pay Contractor for: a. completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b. documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c. reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d. reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. Termination for Default: Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights and remedies associated with Owner termination of this Contract due to default of the Contractor. GENERAL PROVISIONS III-101 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase X. Rights To Inventions Made Under A Contract Or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Y. E-Verify The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Z. Prohibition On Equipment And Services Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director GENERAL PROVISIONS III-102 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country AA. Domestic Preference Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. BB. Contracting With Small And Minority Businesses, Women's Business Enterprises, And Labor Surplus Area Firm a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; GENERAL PROVISIONS III-103 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. END OF SECTION 160 GENERAL PROVISIONS III-104 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 170 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy American certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. GENERAL PROVISIONS III-105 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter'X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the Contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the Contract, unless extenuating circumstances emerge that the FAA determines justified. GENERAL PROVISIONS III-106 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Signature Company Name Title END OF SECTION 170 GENERAL PROVISIONS III-107 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 180 CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The Sponsor must ensure that no funding goes to any contractor who: • Has been convicted of a Federal felony within the last 24 months; or • Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted. Contract Types —This provision applies to all contracts funded in whole or part with AIP. Use of Provision — The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the requirements of DOT Order 4200.6. A bidder or offeror must complete and submit the Tax Delinquency and Felony Conviction certification included herein with their bid or offer. The Sponsor will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. GENERAL PROVISIONS III-108 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS Certifications 1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the Sponsor about its tax liability or conviction to the Sponsor, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Date Signature Company Name Title END OF SECTION 180 GENERAL PROVISIONS III-109 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SECTION 190 FAA BUY AMERICAN REQUIREMENTS — KWBTS FINAL PHASE— MATERIAL CONTENT BREAKDOWN -CONFIDENTIAL- NUT'.5t.I1tlIEiLT TO DISCLOSURE UNDER EXEMP'TI'GN#4 OF THE,IFREEDOM OF INFOfllhl7ATM}Cr FAA Bully Amm a ican IRegUilreI ent KWBTS Final Phase Material Content IBreak dlG'wn Airport sponsor: M,Aonroe Ciauiffly Board of C,ouimtlyp Commmmission ms mate Airport Key West International Airport Piroject Descripbor Key West(Noise IlInsulation P�rogrami JNIIPJ-Key West by the sea Fiilna�ll Phase PrOjlect,Material St�ructuire dish,(Bill o�fr Materials) r 1, 1, IMiniii-Solfit IHR'V'A9C P, 1, ERR 3.. P, ERR Controls 4 P, mini PUMPS 5, P, FVlaat switch E 2, Refrigerant Lines 3 P, IH YAC lRbra�ckets a 2, Ellectriicall Panels g, 'P. circuit®reakers IlI.7 2 conduit,Vj ime.,Et[.. 11 1 Wiandows 12 1 sliidiing Pa6o Dooms, 13 1 Entry Dooms, 14 1 c ipfw,adlll,Metayl,Stucco, Etc:. 15 2 paint 16 2 woad 7'riimm SUBT UrAL d@@ $19100 T07Ar.L IMRIA+.TEIRIIAL.COST $0.00 T07Ar.L MATERIAL COST—JwS ORIGIN $0.00 T07Ar.L MATERIAL COST—JwS ORIGIN #DI VIR'Cdl The undersilgmudlcertiiffiestlhat this iirrfunmiamionis true and accurate to-tlhe best of their Fi wledge., A.fallse certification reipmesents a viabtio n of 3LIt U.S.C.rp 101 and 49 LR.S.0 7126. Signatory Ihastlhe burden of proof to establish oDinpiliance., Signature: Muar me, Thle:: Page i,of END OF SECTION 190 GENERAL PROVISIONS III-110 DIVISION IV SPECIAL PROVISIONS DIVISION IV SPECIAL PROVISIONS SPA - PROJECT GENERAL REQUIREMENTS...................................................................IV-1 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING...................................................................... IV-18 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES.................................................. IV-19 SP-4— Not Used ................................................................................................................ IV-21 SP-5 - RESIDENT PROJECT REPRESENTATIVE............................................................. IV-22 SP-6 - SAFETY AND SECURITY REQUIREMENTS........................................................... IV-23 SP-7 - LIST OF DRAWINGS ............................................................................................... IV-25 SP-8 - TEMPORARY FACILITIES....................................................................................... IV-26 SP-9— Not Used ................................................................................................................. IV-30 SP-10 - PRECEDENCE OF DOCUMENTS ......................................................................... IV-31 SP-11 - FINAL PAY REQUESTS AND RELATED FORMS................................................. IV-32 SP-12 - PRIME BIDDER'S DRUG TESTING AND CRIMINAL BACKGROUND REQUIREMENTS ............................................................................. IV-33 SP-13— DEFICIENCY POINTS ........................................................................................... IV-36 SPECIAL PROVISIONS Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at: Key West by the Sea Condominiums Building A, B & C 2601 S. Roosevelt Blvd. Key West, FL 33040 2. SCOPE OF WORK. The project consists of building construction and replacement work necessary to improve the noise insulation of condominium units at Key West by the Sea Condominium (KWBTS) in Key West, Florida. This Bid Package describes and specifies work which may include window replacement, exterior prime door replacement; sliding glass patio door replacement, removal and infill of "through-wall" portable air conditioning units, addition of ductless AC system, addition of Energy Recovery Ventilator (ERV) unit and all work related to the installation of the ductless air conditioners and ERV to include electrical panel modifications, cutting and repair of gypsum ceilings, construction of wall pilasters to house required ducts and lines and required finishing work to include stucco repair and painting. Given the presence of asbestos in the existing caulking, stucco, gypsum board and ceiling, the KWBTS work will also require asbestos abatement at all surfaces disturbed to include window/door openings, wall infilling, walls and ceilings. 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 the contract time, in calendar days, stipulated in Special Provision No. 3. 5. PLANS. The Plans included in this Contract are listed in Special Provision No. 7. 6. PROGRAM MANAGER A. IDENTIFICATION OF THE PROGRAM MANAGER 1) The Program Manager is referred to throughout the Contract Documents as if singular in number. a) Wherever the term "Program Manager' appears throughout the Contract Documents, it shall mean Project Manager, Construction Managers, Asbestos Consultant, Architect, or Engineer. 2) In case of termination of employment of the Program Manager, the Sponsor shall appoint a Program Manager against whom the Contractor makes no reasonable SPECIAL PROVISIONS IV-1 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase objection and whose status under the Contract Documents shall be that of the former Program Manager. B. PROGRAM MANAGER'S ADMINISTRATION OF THE CONTRACT 1) The Program Manager will provide administration of the Contract as described in the Contract Documents and will be the Sponsor's representative: (1) during construction, (2) until final payment is due and (3) with the Sponsor's concurrence, from time to time during the correction period. During the construction process, the Program Manager representatives will be comprised of construction managers, project manager, architect. mechanical / electrical engineer, and asbestos consultant. The Sponsor representatives will be comprised of the Airport Noise Program Coordinator and other representatives from Monroe County. The City of Key West Building Department will provide representatives to inspect and approve work performed by licensed individual trades. The Program Manager will advise and consult with the Sponsor. The Program Manager will have authority to act on behalf of the Sponsor. 2) The Program Manager will monitor all on-site construction activities on a daily basis throughout the entire scheduled construction period to ensure compliance with the Contract Documents. On the basis of on-site observations, the Program Manager will keep the Sponsor informed of progress of the Work and will endeavor to guard the Sponsor against defects and deficiencies in the Work. 3) The Program Manager will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs related to the Work, since these are solely the Contractor's responsibility. The Program Manager will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Program Manager will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4) Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Sponsor and Contractor shall endeavor to communicate through the Program Manager. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Sponsor. 5) Based on the Program Manager's observations and evaluations of the Contractor's Applications for Payment, the Program Manager will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 6) The Program Manager or Sponsor will have authority to reject Work which does not conform to the Contract Documents. Whenever Program Manager or Sponsor considers it necessary or advisable for implementation of the intent of the Contract Documents, the Program Manager or Sponsor will have authority to require additional inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Program Manager or Sponsor nor a decision made in good faith either to SPECIAL PROVISIONS IV-2 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase exercise or not to exercise such authority shall give rise to a duty or responsibility of the Program Manager or Sponsor to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. 7) The Program Manager will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents and only to the extent which the Program Manager or Sponsor believes desirable to protect the Sponsor's interest. The Program Manager's action will be taken with reasonable promptness, while allowing sufficient time in the Program Manager's professional judgment to permit adequate review, taking into account the time periods set forth in the latest recognized Construction Schedule prepared by the Contractor and reviewed by the Program Manager. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Program Manager's review of the Contractor's submittals shall not relieve the Contractor of the obligations. The Program Manager's review shall not constitute approval of safety precautions or, of any construction means, methods, techniques, sequences or procedures. The Program Manager's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 8) The Program Manager will prepare Change Orders and Construction Change Directives and may authorize minor changes in the Work. 9) The Program Manager will conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion and acceptance, will receive and forward to the Sponsor for the Sponsor's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 10) If the Sponsor and Program Manager agree, the Program Manager will provide one or more project representatives to assist in carrying out the Program Manager's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. If no such exhibit has been incorporated, the duties, responsibilities, and limitations of authority of such Project Representative shall be as set forth in the edition of AIA B 352 current as of the date of the Contract. 11) The Program Manager will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Contractor.The Program Manager's response to such requests will be made with reasonable promptness and within any time limits agreed upon. The Program Manager may, as the Program Manager judges desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the various parts of the Work; such drawings or instructions may be affected by SPECIAL PROVISIONS IV-3 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase field order or other notice to the Contractor, and provided such drawings or instructions are reasonably consistent with the previously existing Contract Documents, the Work shall be executed in accordance with such additional drawings or instructions without additional cost or extension of the Contract Time. 12) Interpretations and decisions of the Program Manager will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Program Manager will endeavor to secure faithful performance by both Sponsor and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions so rendered in good faith. 13) The Program Manager's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 14) Public Necessity and Welfare: When required by public necessity or welfare, the Program Manager will have the authority to change the order or sequence of Work, and to order the suspension thereof, but such actions shall not affect the responsibility of the Contractor for the conduct and safety of the Work and shall not entitle the Contractor to an increase in Contract Price or Contract Time for actions taken in the interest of such public necessity or welfare. C. AUTHORITY OF THE PROGRAM MANAGER 1) The Program Manager shall decide any and all questions which may arise as to the quality and acceptability of material furnished, Work performed and the manner of performance and rate of progress of said Work. They shall decide all questions that may arise as to the interpretation of any or all Drawings, Scope of Work, and Specifications relating to the Work and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. They shall also determine the amount and quality of the Work performed and materials furnished that are to be paid for under the Contract. 2) In case of a dispute arising between two or more Contractors, engaged on the same or adjacent areas as to the respective rights of each under this Specification,the Program Manager shall determine the matter at issue and shall define the respective rights of the various interests involved and the completion of all parts of the Work. Their decision shall be final and binding on all parties concerned. 3) The Program Manager shall have the right, as the Work progresses, to alter the plans or the specified coordination of two or more concurrent Contracts. 4) The Program Manager and/or Sponsor shall have the authority to suspend the Contractor's operations, wholly or in part, for such period or periods of time as they may deem necessary because of unsuitable weather, site conditions or other conditions which it considers unfavorable for the completion or non- completion of the Work, work being done under other contracts in the same or adjacent areas, or the failure of the Contractor to comply with the provisions of the Contract. Such "Suspension of Work Order" shall be in writing and will state the reason for such suspension, the effective date and the operations suspended. Any work done by the Contractor contrary to such "Suspension of SPECIAL PROVISIONS IV-4 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Work Order"will be considered as unauthorized and as having been done at the expense of the Contractor. The Program Manager will issue a "Resumption of Work Order' when, in its opinion, the conditions that justified the suspension no longer exist. 5) The Program Manager shall have such other rights and powers as are specified elsewhere in the Specification. The decisions and determinations and the exercise of its authority by the Program Manager pursuant to this Section, where additional cost is involved, shall be subject to review and approval by the Sponsor before becoming effective. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedure necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the Work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel treaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Program Manager who will then issue directions regarding a solution to the conflict(s). 8. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself/herself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existing conditions and the Contract Documents, he/she shall within seven (7) calendar days prior to Bid Opening, notify the Program Manager in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 9. SAFETY AND PROTECTION. A. General Project Safety: In as much as each work area will be accessible to and used by the public, the Sponsor, and other companies doing business at the project site 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 Sponsor 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 Sponsor will remedy the problem and the Contractor shall reimburse the Sponsor 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. 10. 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/she shall send a letter of introduction with the Superintendent in which he/she advises SPECIAL PROVISIONS IV-5 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase the Superintendent's full name and states that he/she is assigned to the project and will be in full responsible charge. This conference will be called by the Program Manager or its Authorized Representative, who will arrange for the Sponsor'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. 11. COORDINATION AND PROGRESS MEETINGS A. General: The Program Manager 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 Program Manager will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The Program Manager will require representation at each meeting by every party currently involved in coordination or planning for the Work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. C. The Program Manager 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. 12. 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 Sponsor as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act on the Contractor's behalf. It is agreed and understood that, if requested in writing by the Sponsor, 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. 13. 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 Program Manager. 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 Sponsor and Program Manager as soon as possible when such events are known. B. Submit special reports directly to the Sponsor within one day of occurrence. Submit a copy of the report to the Program Manager and other entities that are affected by the occurrence within one day of the occurrence. SPECIAL PROVISIONS IV-6 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 14. SCHEDULE OF WORK. A. Prepare and submit, in triplicate, for the Program Manager'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. 15. PROGRESS SCHEDULE. Preliminary Schedule: Within ten (10) 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. A. Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. B. The submitted schedule shall be reviewed by the Program Manager and Sponsor for conformance to Critical Dates and overall project completion time criteria. Lack of this information will be cause for rejection of the schedule. C. Following initial submittal of schedule to and response by the Program Manager, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Program Manager. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 16. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a weekly 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 Program Manager will not recommend for payment, by the Sponsor, 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 Program Manager determines, that the Contractor is at least ten percent (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the Work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit SPECIAL PROVISIONS IV-7 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application for Payment of the Program Manager and payment thereon by the Sponsor, 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. C. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Program Manager; 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. 17. 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 Program Manager 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. C. Claims for Additional Time: If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor shall have the burden of demonstrating the effect of the claimed delay on the Contract Time and shall furnish the Program Manager with such documentation relating thereto as the Program Manager will reasonably require. In the case of a continuing delay only one Claim is necessary. The Contractor may request an extension to their approved schedule. No extensions of time shall be granted for materials known to be damaged or missing from the Contractor's materials during the construction unless it can be documented that the replacements will arrive after the scheduled construction period expires. The Contractor shall notify the Program Manager as soon as the damaged or missing products are noticed. The Contractor shall request an extension of the construction schedule if there is a documented delay: 1) in the delivery of the prime window or door products or; 2) requested by the Sponsor or; 3) caused by an act of neglect of the Sponsor or Program Manager or; 4) caused by an act of neglect of any separate contractor working under other contracts in the same or adjacent areas or; 5) caused by changes ordered in the Work, strikes, lockouts, fire, Acts of God, unusual delay in transportation, or extreme weather conditions. SPECIAL PROVISIONS IV-8 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase The Time of Completion shall be extended for such reasonable time as the Program Manager may decide. Any extension of time granted on any part of the Project shall apply to that part only. No extension of time shall be granted for missing or damaged product unless the request is presented to the Program Manager in writing as soon as the missing or damaged product is noticed. Delay caused by the Contractor's subcontractors or suppliers may be deemed a justification for an extension of time, at the Program Manager's discretion. Contractor agrees that neither it nor its Subcontractors shall have any claim for damages against the Sponsor or its agents arising from delays in the Work. Contractor understands that its sole remedy is an extension of time. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. 18. MAINTENANCE OF TRAFFIC. 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. A. Beginning date of Contractor's Responsibility: The Contractor's responsibility for maintenance of traffic shall begin on the day he/she starts the Work and continue until Final Completion and Acceptance of the Project. B. 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 vehicle 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/her operations. C. 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. D. Material Deliveries: The Contractor shall make his/her own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. E. 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 Program Manager. F. 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 personnel shall not utilize public areas for taking their "work breaks" or "lunchbreaks." Areas for this purpose can be designated by the Program Manager upon request. No public toilets shall be used by any personnel at any time. G. Refer to the Construction Safety and phasing Plan Volume 2 Appendix A. SPECIAL PROVISIONS IV-9 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 19. 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 Program Manager may at any time direct the Contractor to immediately remove his/her trash and debris from the site of the Work when in the opinion of the Program Manager such trash constitutes a nuisance or in any way hinders the Work. If the Contractor should fail to remove his/her trash and debris from the site of the Work in a timely manner, the Program Manager may have this work performed and deduct the cost of such from Contractor's payment. 20. 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. Provide complete protection to building at designated areas where lift activity will occur, including protection to building elevation, railings and walkway. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. 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 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 SPECIAL PROVISIONS IV-10 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Project Site 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 Program Manager 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 Sponsor. 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 Program Manager in writing. F. Final Cleaning: After Substantial Completion is reached, The Contractor shall be required to provide a deep cleaning of the entire home, including walls, floors, ceilings, kitchens and bathrooms. In addition, the Contractor will be required to ensure that all furniture that was wrapped during the construction period is clean and free from dust. All deep cleaning services will be performed by an independent licensed professional cleaning company. 21. 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 Sponsor's property. 22. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Sponsor. An independent testing laboratory selected and responsible to the Program Manager shall perform all "acceptance" testing required by the Technical Specifications or as directed by the Sponsor and/or the Program Manager. 23. 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/she shall pay the cost of all tests which may be necessary to satisfy the Program Manager that specification requirements are satisfied. The Contractor shall pay for the Program Manager's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet Specification requirements, SPECIAL PROVISIONS IV-11 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase the Contractor shall pay the cost of all testing deemed necessary by the Program Manager 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 costs 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 Program Manager prior to construction. 24. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, three (3) 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 Program Manager. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of Drawings, and at appropriate paragraphs in the Specifications, all changes or corrections made by Addenda and Change Orders as they are issued. Approved copies of all Shop Drawings and other Submittals are to be kept on the job site at all times and shall be available at all times to the Program Manager. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Program Manager prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Program Manager. 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 Sponsor'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 Sponsor'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 Program Manager. Show all changes or work added on these Record Drawings in a contrasting color. SPECIAL PROVISIONS IV-12 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (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 information on work concealed, which would be difficult to identify or measure and record at a later date. Note alternate numbers, Change Order numbers and similar identification. Require each person preparing the mark-up to initial and date the mark-up and indicate the name of the firm. Label each sheet "PROJECT RECORD" in 1-1/2-inch-high letters. In showing changes in the Work use the same legends as used on the original drawings. Indicate exact locations by dimensions and exact elevations by job datum. Give dimensions from a permanent point. (b) Preparation of Record Drawings: In preparation for Certification of Substantial Completion on the last major portion of the Work, review the completed mark-up of Record Drawings and Shop Drawings with the Program Manager. The Program Manager will then proceed with preparation of a full set of corrected Contract Drawings. The Program Manager 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 Program Manager. 3) Copies, Distribution: Upon completion of Record Drawings, the Program Manager shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Program Manager shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The marked-up set of prints maintained during the Construction Period shall be bound in the same manner. The Program Manager will retain one set. At the completion of the Project, the Program Manager shall submit one set of prints, with changes noted thereon, to the Sponsor. Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub-contractors. 4) The Program Manager shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-Built Drawings is a pre-requisite for Final Payment. C. Record Specifications 1) During progress of the Work, maintain one copy of Specifications, including Addenda, Change Orders and similar modifications issued in printed form during construction, mark-up variations (of substance) in actual work in comparison with text of Specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information SPECIAL PROVISIONS IV-13 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager for the Sponsor'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 Program Manager for the Sponsor's records. Label each data submittal "PROJECT RECORD" in 1-1/2-inch-high letters. E. 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 all Property Owners 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. F. Prerequisites to Substantial Completion 1) Prior to requesting the Program Manager's inspection for Certification of Substantial Completion, for either the entire Work or portions thereof, complete the following and list known exceptions in request: (a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. (b) Include supporting documentation for completion as indicated in the Contract Documents. (c) Submit statement showing accounting of changes to the Contract Sum. (d) Advise the Sponsor of pending insurance change-over requirements. SPECIAL PROVISIONS IV-14 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase (e) Obtain and submit releases enabling the Sponsor'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, and similar physical items to the Sponsor. (g) Make final change-over of locks and transmit keys to Program Manager. (h) Complete start-up testing of systems. 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 Program Manager will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Program Manager 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. G. Prerequisites to Final Acceptance 1) Prior to requesting the Program Manager'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 Program Manager's final Punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Program Manager. (b) Complete final cleaning 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 Program Manager within a 5-calendar day period after the Date of Substantial Completion. When ready, the Contractor shall request in writing a final inspection of the Work. Upon completion of re-inspection, the Program Manager 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. H. Prerequisites to Final Payment 1) Final Payment: Final Payment will be made after final acceptance of the project by the Program Manager and Owner upon request by the Contractor on condition that the Contractor: (a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. SPECIAL PROVISIONS IV-15 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase Include certificates of insurance for products and completed operations where required. (b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and Subcontractors have been paid in full. In the event they have not been paid in full, the Sponsor shall retain a sufficient sum to pay them in full and at his/her 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 Sponsor that an unpaid Subcontractor or material man may seek payment from the Sponsor rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. (c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). (d) Furnish required sets of Record Drawings and maintenance and operating instructions of new mechanical equipment. (e) Furnish guarantees signed by Subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. (f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. (g) Furnish a signed guarantee, in a form acceptable to the Program Manager and Owner agreeing to repair or replace as decided by the Program Manager, 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. (1) Provide receipt, as applicable, of affidavits certifying all labor standards of local, state, or federal requirements have been complied with by the Contractor. I. 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 Program Manager's reference during normal working hours. 1) Record Drawings: The Program Manager shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable SPECIAL PROVISIONS IV-16 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Program Manager for the Sponsor's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Program Manager for the Sponsor's records. 4) Record Sample Submittal: Comply with the Program Manager's instructions for packaging, identification, marking, and delivery to the Sponsor'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 Program Manager for the Sponsor's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Program Manager for the Sponsor's records. J. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Program Manager 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 Program Manager to video tape operating and maintenance instructions. 25. FINAL CLEANING. A. The Contractor shall keep the premises free from accumulation of construction waste materials or dust and debris caused by Contractor's operations on a daily basis and maintain a dust free living environment. 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 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 the Project Site. 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. D. Where extra materials of value remain after the completion of the associated work have become the Sponsor's property, dispose of these as directed by the Sponsor. SPECIAL PROVISIONS IV-17 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 2 NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED 1. NOTICE TO PROCEED - PERMITS A Notice to Proceed - Permits will be issued within five (5) days after award of contract. At this time, the Contractor shall accomplish the following activities, but not be limited to: A. Obtain permits as required for construction. B. Conduct a site visit and walk-thru of all properties to document existing conditions and take detailed measurements. C. Prepare and transmit all Shop Drawings, Submittals and certifications as required by the Contract Documents to the Program Manager for review and approval. D. The Contractor shall submit a detailed construction schedule to the Program Manager in accordance with Section 16 of Special Provision No. 1 for review and approval. E. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the Work in accordance with the Contract Documents. F. Prepare his staging area and establish staging and parking areas. G. 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 Program Manager. 2. NOTICE TO PROCEED - CONSTRUCTION The Contractor shall submit an updated construction progress schedule to the Program Manager in accordance with Section 16 of Special Provision No. 1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. After the Program Manager has approved the updated schedule and has confirmed that the Contractor has a minimum of two (2) weeks of materials in the warehouse and has obtained all the necessary permits, the Notice to Proceed - Construction will 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. Upon completion of the Work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit as-built information. SPECIAL PROVISIONS IV-18 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO CONTRACT PROCEED DESCRIPTION TIME TO COMPLETE This notice shall allow the Contractor to obtain any necessary construction permits required to accomplish the Work. Also, during this time, the 118 Calendar NOTICE TO Contractor shall order and deliver Days PROCEED - materials, equipment and supplies PERMITS needed to complete the Work. No on- site construction activities shall be accomplished. NOTICE TO Noise Insulation Improvements 140 Calendar PROCEED - Construction. Days CONSTRUCTION 258 Calendar TOTAL CONTRACT TIME: Days SPECIAL PROVISIONS IV-19 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase LIQUIDATED DAMAGES If the Work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the Work overruns the allotted Contract Time. NOTICE TO PROCEED LIQUIDATED DAMAGES If the Contractor fails to achieve approval of all required Notice to Proceed Submittals by the Program Manager and have a minimum of Permits two (2) weeks of products delivered for start of construction achieved within the allotted time in calendar days, the Contractor shall pay the Sponsor the sum of$1000.00 per day. If the Contractor fails to achieve Final Completion within the allotted number of calendar days for construction of each condominium, the Contractor shall pay the Sponsor the sum of Notice to Proceed $1000,00 per day, thereafter for each and every calendar day Construction of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of this work. See also General Provisions Section 80-09 FAILURE TO COMPLETE ON TIME for additional stipulations. SPECIAL PROVISIONS IV-20 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 4 Not Used SPECIAL PROVISIONS IV-21 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 5 RESIDENT PROJECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Project Observation for this Contract shall be performed by the Program Manager or his duly authorized representative. 2. DUTIES OF THE PROGRAM MANAGER. The Program Manager's duties and responsibilities are to: A. Monitor performance of the Contractor; require correction of work that does not meet Plans and Specifications; and report serious problems to the Program Manager and Owner. B. Determine test sites/locations, coordinate and supervise testing. C. Interpret Plans and Specification details. D. Resolve minor construction problems. E. Maintain project records. F. Review and approve requests for payment to the Contractor. G. Conduct day-to-day construction observations. H. Maintain a project diary on a daily basis. I. Maintain up-to-date records on quantities of work performed and quantities of materials in place. J. Contact the Sponsor for advice and assistance when needed and when major problems arise. K. Recommend to the Sponsor when a Change Order or Supplemental Agreement is required. SPECIAL PROVISIONS IV-22 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 6 SAFETY AND SECURITY REQUIREMENTS 1. 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. 2. CONSTRUCTION SECURITY COMMITTEE. The committee shall be established by the Contractor 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 Contractor. Committee membership shall include the CSO, the Contractor and such other personnel as the Contractor may designate. 3. 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. 4. ACCESS TO THE SITE. Contractor's access to the Project Site shall be as shown on the Plans. No other access points shall be allowed unless approved by the Program Manager. All contractor traffic authorized to enter the Project 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. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his/her 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 Program Manager. 5. MATERIALS DELIVERY TO THE SITE. All Contractor's material deliveries to the Project Site shall enter the Site only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. 6. IDENTIFICATION - VEHICLES. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the Project 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 number of company vehicles will be determined by the KWBTS Board prior to the start of construction. The CSO shall maintain a current list of companies authorized to enter and conduct work on the Project Site. Employee personal vehicles shall be parked only in designated areas. These vehicles shall not enter the Site at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. SPECIAL PROVISIONS IV-23 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 7. IDENTIFICATION - PERSONNEL. Security badges shall be issued to the Contractor by the Program Manager for use during the Project. Persons requiring photo-security badges include the Program Manager, Superintendent, and all workers on site during construction, whether they are employees of the Contractor or are Subcontractors to the aforesaid. There is no limit to the number of photo-security badges the Contractor may request. The Program Manager reserves the right to remove any worker who does not display a photo-identification badge at all times on the Project Site. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the property. Persons without a photo-security badge shall not enter a Project construction site. The Contractor assumes responsibility for the conduct of all employees working at the construction site and shall ensure that all workers entering a construction site have been issued a photo identification badge. All guests or temporary workers of the Contractor will need to wear a "Temporary" badge, to be issued by the Program Manager on a daily basis. The temporary badges shall be returned to the Program Manager at the end of the workday. All construction personnel who do not possess or display a valid badge, (such as material delivery persons) must be continuously escorted by a properly-badged person, while on-site. There will be a $75.00 fee assessed for each photo-security badge not returned to the Program Manager. A$250.00 fee will be assessed for each temporary badge not returned to the Program Manager. Payment will be due prior to the Program Manager releasing additional badges. Failure to return badges of terminated employees within one week or notify the Program Manager of lost badges may result in the Contractor being declared non-responsive, ineligible for future Monroe County contracts, and additional badges may be withheld from Contractor or Subcontractor. 8. CONSTRUCTION AREA LIMITS. The limits of construction, material storage areas, equipment storage areas, parking areas and other areas defined as required for the Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing, marking, and/or warning devices visible for day/night use. 9. CONTRACTOR SHALL MAINTAIN SECURITY AT ALL TIMES DURING CONSTRUCTION. 10. 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. SPECIAL PROVISIONS IV-24 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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: Refer to Construction Drawings Volume 4 of 5 SPECIAL PROVISIONS IV-25 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 8 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the Work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Program Manager's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Program Manager. 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 Key West By the Sea complex. E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. G. 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. H. Environmental Protection: Review exposure to possible environmental problems with the Program Manager. 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). 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 Program Manager. Provide temporary services during interruptions to existing utilities as acceptable to the Program Manager. SPECIAL PROVISIONS IV-26 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. B. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Program Manager. Parking of construction workers' private vehicles is prohibited within the KWBTS property. C. During construction, the Contractor shall maintain these areas in a neat condition. D. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Program Manager. 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 Program Manager. 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. E. 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. Parking of construction workers' private vehicles is prohibited within the KWBTS property. F. If additional storage areas are needed, the Contractor may request it from the Program Manager. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the Contractor's responsibility. B. De-watering: Maintain construction work free of water accumulation. Do not endanger the Work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. 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 workers 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. SPECIAL PROVISIONS IV-27 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 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 Program Manager and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workers' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the Work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections, and other apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. 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 A. The staging area(s) depicted on the Plans shall be used to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). B. 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. C. Upon completion of all work, remove all construction fencing and barricades from the Project Site. D. 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 Program Manager. SPECIAL PROVISIONS IV-28 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase E. 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. F. 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 Program Manager when absolutely necessary. Parking of construction workers' private vehicles is prohibited within the KWBTS property. G. All other waste material, including rubble and debris, shall be removed from the Project Site at the Contractor's expense. H. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Program Manager. I. The cost for these temporary environmental controls shall be considered incidental to the project. SPECIAL PROVISIONS IV-29 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 9 Not Used SPECIAL PROVISIONS IV-30 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 10 PRECEDENCE OF DOCUMENTS 1. GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, The order of precedence shall be as follows: A. Bid Documents (Division 1) (including any and all Addenda) B. Contract (Division 11) C. General Provisions (Division 111) D. Special Provisions (Division IV) E. Project Specifications (Volume 2 of 5) F. Construction Drawings (Volume 4 of 5) (large scale detail drawings over smaller scale general drawings) SPECIAL PROVISIONS IV-31 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 11 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT , all pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Program Manager and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Program Manager, unless otherwise instructed by him/her. Submit final Application for Payment with lien releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G-701, "Change Order" 5. AIA Document G-702, "Application and Certification for Payment." 6. AIA Document G-703, "Continuation Sheet." 7. AIA Document G-704, "Certificate of Substantial Completion." 8. AIA Document G-706, "Contractor's Affidavit of Payment of Debts and Claims." 9. AIA Document G-706A, "Contractor's Affidavit of Release of Liens." 10. AIA Document G-707, "Consent of Surety to Final Payment." 11. Monroe County Final Release of Lien Form. 12. Evidence that all claims have been settled. 13. Final, liquidated damages settlement statement (if applicable). SPECIAL PROVISIONS IV-32 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION 12 WORKER BADGING, DRUG TESTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTS After Contract Award, the Contractor shall be required to apply to the Program Manager for issuance of a Noise Insulation Program Identification (NIP ID) badge for all on-site construction personnel, including but not limited to: all full and part-time employees, supervisory personnel, leased personnel, subcontractors, etc. The Contractor's bid must include any and all costs to perform a 7-year Criminal Background Check and a 12-Panel Drug Test for all badge applicants. Prior to requesting the issuance of a NIP ID badge for an individual, the Contractor shall ensure that each badge applicant passes the required Criminal Background Check and Drug Testing requirements as detailed below. 1. DRUG TESTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTS. A. 12-PANEL DRUG TEST REQUIREMENTS The 12-panel drug testing must be performed by a reputable laboratory (Concentra, Quest Diagnostics or equal) and must include testing for the following drugs: 1) Cocaine 2) Marijuana (THC, cannabinoids) 3) Phencyclidine (PCP—angel dust) 4) Amphetamines (including methamphetamines) 5) Basic Opiates (including heroin, morphine, and codeine) 6) Benzodiazepines (including valium, Xanax) 7) Barbiturates 8) Methadone 9) Propoxyphene 10) Methaqualone (Quaaludes) 11) Expanded amphetamines MDMA/6AM (Ecstasy, Molly) 12) Expanded opiates (painkillers like Percodan, Percocet, oxycodone, oxymorphone, hydrocodone) Once a Drug Test has been conducted, the Contractor shall be responsible for reviewing and approving applicants before submitting a badge request. In cases where a test shows a positive result for a prescription drug, the Contractor's designated Medical Review Officer (MRO) would then contact the applicant for an explanation and give the applicant the chance to provide appropriate proof of a legal prescription and any other relevant information. SPECIAL PROVISIONS IV-33 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase B. CRIMINAL BACKGROUND CHECK REQUIREMENTS The Criminal Background Check must be conducted on each badge applicant by a reputable firm that is in the business of providing background checks for employment (such as Pinkerton or equal) and must include: 1) Social Security Number Check 2) National Sex Offender Registry 3) Criminal Background Check a) County—County of residence and neighboring counties b) State —State of residence Once the Criminal Background Report has been acquired for a badge applicant, the Contractor shall be responsible for reviewing the report and approving applicants before submitting a NIP ID badge request. The Contractor is prohibited from submitting badge applicants with any past charges and/or convictions related to felonies, violent crimes, sex offenses, illegal drugs/narcotics, offenses against children and/or the elderly, physical/aggravated assault, theft/burglary and/or deadly weapons charges. 2. No later than Thirty (30) days prior to the start of construction, the Contractor will be required to email their completed "Request for Issuance of NIP Construction Site ID Badge" form (which will be provided) to the Program Manager. (Please note that this list must contain the sufficient number of on-site construction personnel needed to comply with all Phase 1A monthly construction deadlines). 3. The Contractor will also be required to email a copy of the 12-Panel Drug Test results on the requested personnel with the "Request for Issuance of NIP Construction Site ID Badge" form. In the case where the test shows a positive result for a prescription drug, the applicant must provide proof of a legal prescription, and the MRO must recommend approval. If approved, the Contractor should then check-mark the box indicating "Drug Test Reviewed & Approved" on the "Request for Issuance of NIP Construction Site ID Badge" form. If the applicant does not provide acceptable proof or provides acceptable proof but the MRO notes safety concerns, then the Contractor should not submit the applicant for badging. A color head shot photo (digital JPEG) for all requested on-site construction personnel must also be included with the request. All photos must be a clear head shot taken from the shoulders up, looking straight at the camera without any sunglasses/hats/obstructions and taken against a neutral background. 4. After the Program Manager's review and acceptance, they will prepare and issue the NIP ID Badge for all approved daily on-site construction personnel before the start of construction. 5. The Contractor shall ensure that a valid, properly assigned NIP ID badge be worn and visible by all daily on-site construction personnel at all times. All other guests or temporary workers of the Contractor will need to wear a "Temporary" badge, to be issued by the Program Manager on a daily basis. All construction personnel who do not possess or display a valid badge, (such as material delivery persons) must be continuously escorted by a properly-badged person, while on-site. The Program Manager reserves the right to SPECIAL PROVISIONS IV-34 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase revoke a NIP ID badge with proper cause or remove any construction personnel who do not display a valid NIP ID badge at all times while on the NIP construction site. 6. There will be a fee assessed for each photo-security badge not returned to the Program Manager. A fee will be assessed for each temporary badge not returned to the Program Manager. (Refer to Special Provision 6 Safety and Security Requirements) SPECIAL PROVISIONS IV-35 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase SPECIAL PROVISION NO. 13 DEFICIENCY POINTS 1. DEFICIENCY POINT SYSTEM A. The Program Manager will have the authority to issue Deficiency Points to the Contractor, as a result of failure by the Contractor to meet construction performance guidelines stated in this Project Manual. Pursuant to the list of deficiencies below, Deficiency Points will be issued on a per-occurrence/per-condominium unit basis and will accumulate within the Total Construction Period (see Section 01100 Paragraph 1.08). B. TWO (2) DEFICIENCY POINT ISSUANCE. The Contractor shall receive two (2) Deficiency Points, for each occurrence, when the Contractor: 1) Fails to comply with the requirements listed in Section 01100, 1.08 Work Sequence during construction. 2) Fails to comply with Section 01500, Temporary Facilities and Controls. 3) Fails to comply with Final Cleaning Procedures in Section 01770, Closeout Procedures. 4) to meet General Contractor construction communication requirements outlined in Section 01250 - Contract Modification Procedures, Paragraph 1.02. C. THREE (3) DEFICIENCY POINT ISSUANCE. The Contractor shall receive three (3) Deficiency Points, for each occurrence, when the Contractor: 1) Fails to work in accordance with the approved construction schedule and all subsequent revisions approved by the Program Manager. 2) Fails to complete Punchlist items within the number of days identified under Section 01100— 1.08Q. 3) Fails to meet a pre-approved construction schedule extension period. 4) Fails to make payments to Suppliers, Subcontractors, and/or Employees in accordance with the Contract requirements. 5) Submits a Product Submittal to the Architect on more than three (3) successive occasions. 6) Submits Product Submittal that are late, incomplete, illegible or improperly organized. 7) Fails to provide proper dust control in the condominium (each occurrence)during construction which must include poly protection of stored furniture, bathroom & closet doors, smoke alarms, ductless AC units, kitchen cabinets and counters, kitchen appliances, walls, light fixtures as specified in Volume 2—Section 01140 — 1.05. 8) Fails to provide proper dust control in the condominium (each occurrence)when cutting, sanding, chipping is occurring at all window and door rough openings during construction as specified in Volume 2 —Section 01140 — 1.05. SPECIAL PROVISIONS IV-36 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase 9) Fails to provide proper protection (each occurrence)to floors in the condominium (each occurrence) as specified in Volume 2 — Section 01140— 1.05. 10) Fails to complete Substantial Completion and/or Final Completion (each occurrence) within the approved calendar day,construction period in each unit. D. FIVE (5) DEFICIENCY POINT ISSUANCE. The Contractor shall receive five (5) Deficiency Points, for each occurrence, (unless noted otherwise)when the Contractor: 1) Fails to meet construction completion of a condo unit within the approved calendar day construction schedule. Deficiency Points will be issued Per day. 2) Fails to comply with all requirements as defined in the Phase 1 KW NIP Construction Safety and Phasing Plan. 3) Fails to comply with all requirements as defined in Volume 3 of 5 — Lead Based Paint and Asbestos Remediation Specifications. 4) Fails to have lead supervisory staff on-site at all times throughout the entire construction schedule to include Project Manager, Project Superintendent — Construction & Quality Control, Superintendent — Construction Logistics and Planning and/or Lead Asbestos Abatement Supervisor. 5) Fails to display security badges (or designated project identification) at all times on all NIP work sites. 6) Depicts improper communication and/or actions to any Property Owner and/or Residents. 7) Fails to follow safety or security requirements, as dictated by Program Manager. 8) Fails to maintain a safe work site and/or building security. 9) Fails to comply with established worker conduct requirements. 10) Fails to properly secure staging area, dumpsters, material POD's, tools, materials, and/or temporary waste sites. 11) Fails to follow all asbestos abatement requirements, where required. 12) Fails to comply with the Design Documents without prior approval of the Program Manager and/or Architect. 13) Fails to listen and/or follow Program Manager's directions. 14) Fails to revise and correct work performed by employee(s) and/or sub-contractor that do not comply with the Design Documents. 15) Fails to utilize DBE subcontractors per in the trade and proposed associated percentage use contained in their bid submittal. If this occurs on site during the defined construction period, a total of five (5) deficiency points will be issued per unit, per day 2 DEFICIENCY POINT ACCUMULATION AND PENALTIES A. ADDITIONAL GROUNDS FOR CONTRACT DEFAULT. Without waiving or limiting Sponsor's rights to declare a default and proceed directly to terminating this Contract under the provisions of section 80-10, Sponsor may also define a Contract Default as SPECIAL PROVISIONS IV-37 Key West International Airport Noise Insulation Program Construction of Key West by the Sea — Final Phase the issuance of Sixty (60) or more Deficiency Points during the total construction period. B. TERMINATION OF CONTRACT. In the event that a default of the Contract has been determined pursuant to this Special Provision No. 13, Sponsor will reserve the right to pursue termination of the Contract, in accordance with General Provisions Section 80-10. C. LIMITING FUTURE PROGRAM PARTICIPATION. If a Contractor receives Twenty- Five (25) Deficiency Points or more for nonperformance within the construction period, Sponsor will reserve the right to suspend the Contractor from bidding on future Key West International Airport Noise Insulation Program (NIP) project bid opportunities. SPECIAL PROVISIONS IV-38